IL: Normal school district's culpability questioned in Jon White case

By Amy F. Reiter
Tuesday, January 6, 2009 11:42 AM CDT
http://www.news-gazette.com/news/local/2009/01/06/normal_school_districts_culpability_questioned_in_jon_white_case
URBANA – The Normal school district may not have to pay any damages in a civil suit filed in federal court on behalf of one of the victims of former Urbana teacher Jon White.

U.S. Magistrate Judge David Bernthal of Urbana recommended that the allegations from one of White's victims – called Jane Doe-2 to protect the minor's privacy – against McLean County Unit 5 school district, its board and several employees be dismissed.

Doe-2's mother, called Julie Doe-2, has already agreed to a settlement with the Urbana school district for $390,000. Champaign attorney Ellyn Bullock is representing the Doe-2s.

White taught in Normal schools before coming to Urbana schools. He has since been convicted of 10 counts of aggravated criminal sexual abuse, including eight in Champaign County and two in McLean County, where Normal Unit 5 is located. White is serving a 60-year sentence.

In his Dec. 17 recommendation, Bernthal wrote that the Normal school district could not be held responsible for actions committed on another school district's property.

"The conduct at issue – White's sexual harassment of Plaintiff Jane Doe-2 – occurred outside its control," Bernthal wrote.

On Monday, Bullock filed an objection to Bernthal's recommendation, meaning District Court Judge Michael McCuskey will have to decide.

Bernthal's recommendation "doesn't mean it's dismissed, but it sure isn't good for us," Bullock said. "It's a tricky area of the law, but now we have a chance to argue it in front of Judge McCuskey."

If McCuskey decided to grant the Normal school district's motion to dismiss, "that's a clear dismissal," Bullock said. "But then I would appeal."

She said the case introduced a "new factual situation" to the law – the concept of "passing on" a child predator and responsibility for it.

"They passed him knowing ... that he had sexually harassed students," Bullock said of Normal school administrators. "I think it's horrendous that they would do this because they were trying to avoid liability."

Jim Kearns, the Urbana attorney representing the Normal school district, said if Bernthal's recommendation holds, then Normal schools will not be liable for that Urbana student. He said courts can't force a former employer to "speak candidly" about a former employee.

As well, he said, Urbana schools never received the recommendation letter written by the Normal school district on White's behalf, so it was not a factor in his hiring, Kearns said. "They were completely unaware of" the recommendation letter.

The question of Normal school district's liability for crimes against Urbana students is also an issue for Jane Doe-3, one of White's victims from Urbana whom Bullock also represents, but in Champaign County court, not federal court.

"Right now, my paramount focus is to make the courts understand the connections between McLean's bad acts and what happened to Jane Doe-2 and Jane Doe-3 in Urbana," Bullock said.

Similar motions are at issue in a White-related civil suit brought by Mattoon lawyer Sean Britton on behalf of a Jane Doe-7, where attorneys for former Normal school district Assistant Principal Dale Heidbreder argue that "the alleged abuse did not occur on Unit 5 premises; nor did it occur while White was employed or supervised by Unit 5."

News-Gazette staff writer Mary Schenk contributed to this report.