A civil lawsuit was filed in federal court on Wednesday against the Columbus Board of Education and Jodi Fullerton, a teacher for the district.
The suit was filed by Amanda and Kenneth Ross, parents of an unnamed 5-year-old autistic boy who attended Columbus City Schools preschool program. The suit alleges assault and battery, intentional emotional distress and 14th Amendment violations.
The lawsuit states that the incident occurred on May 3 at Parkmoor Elementary School. While waiting to enter the cafeteria, the student was sitting on the ground and Fullerton tripped over him. Fullerton then said to another teacher that the boy should move.
The complaint then states that when the boy did not move fast enough, Fullerton told the other teacher that they should kick the student. The other teacher refused, which is when Fullerton allegedly knocked the student to the ground and kicked him. The suit says that Fullerton then carried the student 鈥渓ike a football鈥� to the office.
This incident does appear in Fullerton鈥檚 disciplinary record, but does not include that Fullerton allegedly kicked the student. The record states that the student kicked Fullerton. It also states that the remark made instructing the other teacher to kick the student was acknowledged by Fullerton as inappropriate, and that she was joking.
The lawsuit also mentions a past remark that Fullerton made to a colleague. The colleague had made a comment about being 鈥渂eat up鈥� by students, to which Fullerton allegedly responded, 鈥渄on鈥檛 you wish you could kick them back.鈥� Disciplinary records state that Fullerton also admitted that this remark was inappropriate, and that she was again joking.
The lawsuit also claims that Fullerton had been caught drinking on the job. Fullerton鈥檚 disciplinary record makes reference to this as well. An email written by Parkmoor Elementary School鈥檚 principal, Charmaine Campbell, when referring to the May 3 incident, refers to Fullerton as 鈥渢he same teacher who was caught drinking.鈥�
A Columbus City Schools spokesperson said in a released statement, 鈥淭he district is reviewing the complaint and will respond as appropriate. The district takes all allegations seriously and ensures each case is thoroughly investigated. We want to reassure you that the safety and well-being of our students is our top priority, and we are committed to maintaining a fair and consistent discipline process.鈥�
Jared Klebanow, the attorney representing the parents, also released a statement, 鈥淚t is often forgotten that students鈥� civil rights travel with them inside of our schools. Parents in our Ohio communities have every right to expect that their children will be treated with dignity and respect while at school by the school鈥檚 administration and staff. In this instance, the Columbus City School District failed to protect one of its student from a staff member with a recorded history of misconduct.鈥�