By David Fleet

Editor

Goodrich-On May 27 a lawsuit was filed by the parents of a special needs student against the Goodrich Schools, the Goodrich Board of Education, a former principal and a current school employee. Federal Court for the Eastern District of Michigan Judge Stephen Murphy III will hear the case.

The lawsuit arises from an incident that occurred in November 2013 when Oaktree Elementary teacher Nicole McVey recorded a 53-second long cell phone video of a then 10-year old student with Asperger’s Syndrome stuck in a desk chair.

As a result of the incident, McVey was removed from the classroom. During the December 2013 school board meeting, the board voted 5-1 to dismiss McVey and in closed session OK’d tenure charges. At the same December meeting, then Oaktree Principal Michael Ellis, who was aware of the video, resigned.

On May 8, 2014 during a special school board meeting, the board voted 6-0 to accept an agreement between McVey and the district. Terms of the settlement include a one-year suspension without pay or benefits, along with remedial training for McVey focusing on classroom relationships and handling of student information as well as a written apology. McVey was reinstated for the 2015-2016 school year without loss of seniority.

A total of eight counts are part of the lawsuit, which includes violation of the student’s right to a public education without discrimination; disability- based discrimination; violation of the Rehab Act; violation of the Persons with Disabilities Civil Rights Act; intentional infliction of emotional distress; violation of Michigan Anti-Bullying Law and violation of the Family Educational Rights and Privacy Act and negligent hiring, supervision.

A motion was also filed by the plaintiffs for a protective order and to use pseudonyms in the case due to the age of the student and a reasonable fear of harassment.

In a statement from Superintendent Michelle Imbrunone, as of June 1 the school district was not yet in receipt of the complaint, and is therefore, unaware of the specific allegations. The district will formally respond to the allegations as required by law.

“Our focus remains to ensure all Goodrich students receive an excellent academic experience,” wrote Imbrunone.

“Our dedicated staff works diligently to provide a learning environment that promotes academic achievement and positive social interactions in all our schools.”

According to the lawsuit, the defendant recorded the video, she stated aloud and in the presence of all that she would be submitting it to a nationally and broadcast television show, “America’s Funniest Home Videos.”

The lawsuit will be the second regarding the classroom incident.

On June 2, 2014 Patrick Greenfelder, an attorney for the student’s family, said the board’s settlement action with McVey was not good enough and submitted a lawsuit to Genesee County 7th Circuit Court. The lawsuit named as defendants McVey, then-Principal Michael Ellis, the school district and a paraprofessional assigned to assist the child. It sought more than $25,000 in damages.

However, in September 2014 the school district announced the pending litigation was voluntarily dismissed without prejudice to all of the defendants.

In a 2014 statement to The Citizen, Goodrich Superintendent Michelle Imbrunone confirmed the news. There was no payment by the district, and the parents had reserved the right to refile.

Calls to attorneys for the plantiff were not returned as of press time Thursday. No hearing date has been set.