ETHS Security Guard Sexual Abuse Lawsuit Partially Dismissed

EVANSTON, IL — A federal judge last week tossed out claims of civil rights violations by Evanston Township High School district officials. But allegations that administrators allowed sexual abuse by school security guards by failing to supervise staff were allowed to stand.

U.S. District Judge Franklin Valderrama last week issued a 30-page opinion dismissing all or part of four counts of a 10-count amended complaint filed in December 2019 on behalf of a former student and her mother.

The suit alleged that district employees failed to protect female high school students from sexual violence by staff, describing a "code of silence" that "gave sexual predators access to unlimited prey."

Defendants in the suit included ETHS's superintendent, principal and board, as well as a pair of former security guards.

One of those guards, Michael Haywood, was fired in January 2019, arrested the next month, and charged with criminal sexual assault by a person in authority after Cook County prosecutors alleged he engaged in sexual activities with a 17-year-old student.

In September 2020, the judge on the federal civil rights case entered a $3 million default judgment against Haywood over his failure to respond to the complaint. The other guard, who has not been criminally charged, joined the district in seeking to dismiss the complaint, although his attorney was only able to convince the judge to drop one count.

The plaintiffs' attorneys alleged district officials "engaged in a course of continuing behavior that allowed [the two security guard] to commit over a combined 90 unauthorized and unlawful sexual assaults and/or acts," according to the opinion.

Valderrama agreed with attorneys for the school district, who argued the complaint failed to allege that administrators had been personally involved in any unconstitutional conduct — or that they had been aware of abuse by either security guard.

Even viewing the allegations in a light most favorable to the plaintiffs, the judge found attorneys for the former student and her mother had failed to adequately plead claims of unconstitutional conduct by ETHS Superintendent Eric Witherspoon and Principal Marcus Campbell.

Witherspoon and Campbell continue to face two counts of willful and wanton conduct, and the board could still be held liable under those claims, according to the judge's order.

The school district's lead attorney, Charles LeMoine of Dykema Gossett, said he was unable to comment on the case.

Related:
$3 Million Default Judgment Granted Against Ex-Security Guard
ETHS Gave 'Sexual Predators Access To Unlimited Prey': Suit
Staffer Had Sexual Relationship With Evanston Student: Prosecutor

Remaining counts against the uncharged security guards include allegations of battery, intentional infliction of emotional distress and violations of the Illinois Gender Violence Act.

The judge's dismissal of claims of violations of due process, equal protection and Title IX by district officials was "without prejudice," meaning they could potentially be refiled. Attorneys for the former student have until March 31 to file an amended complaint, according to Valderrama's opinion.

"We are reviewing the court's recent order and we will make a determination as to whether we replead certain constitutional claims," attorney Andrew Stroth told Patch via email. "All of the defendants including District 202 Board of Education and key leadership at ETHS remain in the case."

Pleadings on the remaining counts or an answer to any amended complaint are due by April 21