The father of a boy accused in a lawsuit of bullying another boy at a St. Charles school said school personnel failed to keep the two first-graders away from each other, as he said had been arranged.
"They said they were going to separate them and they didn't," the father told the Tribune after a hearing in Kane County court last week. "I can't keep an eye on him when he's at school."
The lawsuit was filed against St. Charles School District 303 and the family of the student accused of bullying after a mother said her son was injured as a result of being allowed to play near the other boy.
The mother and her son are listed as plaintiffs in the lawsuit, which seeks damages in excess of $50,000 for an alleged incident on Oct. 16, 2012. The district, a child and his parents are listed as defendants in the suit.
The next hearing in the case is scheduled for Feb. 26 at the Kane County Courthouse in Geneva, according to court documents. The Tribune is not naming the parties involved in the suit.
According to the complaint filed on Oct. 31, the plaintiff's son was subjected to "bullying acts" by another student at Davis Primary School when both boys were in the first grade.
The complaint says the two students were let out for supervised recess together and the defendants' son "did strike (the plaintiff's son) causing him to fall and injure himself."
The lawsuit says the district "knew of the bullying acts" and had determined that "the best way to prevent further bullying acts" was to ensure the two children were "separated at all times while they were on school property."
The lawsuit also says that meetings were held among district staff and the families to inform them of this policy.
The father of the boy who allegedly bullied the plaintiff's son told the Tribune last week that he was aware his son was being kept away from the plaintiff's son via written letters sent home, but it was not until after the alleged incident that he met in person with school personnel.
The father, who is representing himself, said his understanding of the incident was that his son "was behind (the other boy) on the slide and fell on top of him."
The plaintiff's attorney did not respond to calls seeking comment.
District 303 Superintendent Don Schlomann has said that while he was not made aware of any bullying prior to the lawsuit being filed, he did know about the injury that took place in 2012.
Schlomann said that allegations of bullying acts prior to the incident, which he described as a fall off the playground slide, were not brought to his office.
At a case management hearing last week, Kane County Circuit Judge Edward Schreiber advised the defendant that someone will need to be appointed to represent his 7-year-old son in the case proceedings.
Schreiber added that the boy's father could seek legal advice through the court house's "Lawyer in the Lobby" program, where attorneys volunteer their time in the court house lobby on Friday mornings.
"Doing nothing is a real problem," Schreiber said.Copyright © 2015, The Baltimore Sun