Flossmoor District 161 discussing teacher’s return to Western Avenue School following investigation

A staff member at Western Avenue Elementary School may return to Flossmoor Elementary District 161 following an investigation that resulted in no charges, according to Superintendent Dana Smith.

Smith emailed the district community Tuesday announcing the unnamed faculty member and the district “will begin conversations regarding a future return to work in the District.” The faculty member has been on administrative leave since October 2021, when a former student at Western Avenue Elementary lodged a complaint that resulted in a police and district investigation, Smith said.

“The investigation was thorough and substantive, including a review of relevant documents and materials,” he wrote. “After completing the investigation and the appeal process, it was determined, and the board of Education concurred, that the complaint was unfounded.”

Flossmoor police Chief Jerel Jones made a similar statement.

“After a thorough investigation by detectives, per standard procedures, the department brought its investigation to the Cook County State’s Attorney’s Office in November 2021; charges were not filed,” Jones wrote in an email Thursday.

Smith said in an email regarding discussions with the staff member that no timeline has been set for a return to the district.

The Daily Southtown previously reported the staff member was a teacher at the elementary school and the complaint came from a female student who alleged she was sexually abused. The complaint came to light after the student, now 19, according to her mother, was seven years removed from elementary school.

“She never told us what was going on,” the student’s mother said in 2022. “She’s been holding onto this all these years.”

Some residents expressed frustration on social media with the decision to consider bringing the teacher back, despite the determination the complaint was unfounded. One commenter wrote she feels terrible for parents who have to send their child to a school where a teacher was investigated and faced a complaint.

According to the 2021-2024 collective bargaining agreement on the District 161 website, teacher discipline must be in accordance with Illinois School Code. In Sec. 34-85 of the code, titled “removal for cause,” it does not appear being found guilty of a crime is a requirement for dismissal.

“No written warning shall be required for conduct on the part of a teacher or principal that is cruel, immoral, negligent, or criminal or that in any way causes psychological or physical harm or injury to a student, as that conduct is deemed to be irremediable,” the code states when discussing what is required for removal.

While law enforcement did not bring charges, the decision to begin the discussion of bringing the teacher back has much to do with the district’s investigation finding the student’s complaint to be unfounded.

The former student who made the allegation, who spoke to the Daily Southtown on the condition of anonymity, said she suffered emotionally from the events that she said began when she was 6.

“‘Unfounded’ also makes me very upset because they are saying they don’t believe me,” she said. “I think I’ll be affected forever because it really breaks you, especially when you are that young.”

The Cook County state’s attorney office did not respond Thursday to requests for comment. Illinois Department of Child and Family Services did not provide the requested report immediately, although representatives did respond saying they would work to deliver what findings they could make public.

Daily Southtown reporter Mike Nolan contributed to this article.