Court order keeps accused student in school for now
A court order is keeping one of two Gregory Middle School students charged with sexually abusing an 11-year-old classmate in school, but 100 feet from that classmate. The other, according to district officials, is no longer enrolled in the district.
The revelation came in the final minutes of an emotional school board meeting that saw the classmate's mother fleeing the board room in tears as allegations regarding her son were outlined, the father escorted out by police after speaking out of turn, and a nearly two-hour presentation by district attorney Jack Canna where board members learned they have the ability to move the remaining accused student to another in-district middle school but little to no chance of expelling or disciplining him.
A 12-year-old and an 11-year-old, both from Naperville, remain charged with felony counts of criminal sexual abuse and criminal sexual assault, as well as a misdemeanor count of battery that was recently added against the 11-year-old suspect. Naperville police say the attack occurred Nov. 11 in a home on Naperville's south side.
Naperville police, however, have denied the Daily Herald's Freedom of Information Act request to obtain the police report on the grounds that information in the report included juvenile information, would invade the privacy of those involved and could affect the suspects' chance at getting a fair hearing.
Canna along with several board members, including Christine Vickers and Jeannette Clark, questioned whether moving the remaining student into another middle school would only raise the same parental ire and safety questions being raised at Gregory. For those reasons alone, Canna said, districts rarely move students.
"I believe our policies are fully comprehensive and allow for appropriate administrative judgment in all recent cases that I'm aware of," Canna said.
Board member Curt Bradshaw disagreed, saying if it was his decision alone, the accused student would be moved for the sake of the classmate.
The classmate's parents both addressed the board Monday.
"You have sufficient policy to act now and you heard it loud an clear tonight from your attorney," the father told board members before he was removed.
The mother was equally as adamant when she returned to the room after hearing her attorney outline the allegations against the accused students.
"We're not asking you to put these children in jail; we'll let the courts do that," she said. "We're asking you to protect our son's dignity and his pride. We're asking you to protect the pride and dignity of his classmates."
Meanwhile, a court order signed by a Will County circuit judge Friday and agreed upon by both sets of parents states "(the accused student) is allowed to attend Gregory Middle School but must remain 100 feet from (the classmate) at all times."
The classmate's father initially declined to discuss Friday's court order until board President Mark Metzger ended the meeting by discussing it.
"The fact it's important for you know is that (the father) signed an agreed order in Will County court on Friday allowing the other child to remain at Gregory Middle School," Metzger said.
"One hundred feet apart from every single place that guy goes," the father countered.
"But there nonetheless," Metzger said before the father rose from his seat to address Metzger personally. Metzger then told him he was out of order and had him removed by an Aurora police officer before recessing the board into closed session.
After the meeting, Superintendent Stephen Daeschner said the district learned of the court order Friday afternoon.
"It's a court order that provides for student safety while allowing all students to remain at the school," Daeschner. "It's almost the same things already being done to keep the school safe and children learning."