A disabled student’s father is suing several municipal and private educational entities, alleging negligence involving allegations of outrageous sexual misconduct.
Ismael Serna of Wauconda, as next friend of B.S., filed a lawsuit Aug. 5 in Cook County Circuit Court against against The Center on Deafness (COD), Wauconda Community School District 118, the Special Education District of Lake County (SEDOL), and Donald L. Arocho, alleging reckless conduct and abuse of authority in the 2013 incident.
According to the complaint, the plaintiff’s daughter, who has a hearing impairment, developmental delays and behavioral issues, was a student at District 118, and SEDOL recommended the girl attend The Center on Deafness in Northbrook after her father was told that the school district was not qualified to work with children with her type of issues.
The lawsuit states Serna sent B.S. to COD from 2008 through 2014, and twice he requested she be transferred following “incidents” and although no formal action was taken and no incidents were reported, Serna alleges he was told by COD his daughter would have a staff member assigned to her at all times following the second incident.
According to the lawsuit, Arocho, who was assigned to be the girl’s aide, “put his penis into the mouth and anus of B.S.,” who was 17, on Aug. 26, 2013. The suit states she was unable to understand or give consent to Arocho’s actions.
The plaintiff alleges his daughter suffered severe emotional distress due to the teacher’s aide’s behavior, and says the defendants are guilty of breach of duty, negligence and battery.
Serna seeks more than $50,000 jointly and severally, plus more than $100,000 in punitive damages, attorney fees and costs. He is represented by attorneys from Hunter & Roth and The Miner Firm, both of Barrington.
Cook County Circuit Court case number 2015L007954.