Parents sue Clear Creek Amana schools, saying paraeducator mistreated their daughter
An ongoing lawsuit alleges Clear Creek Amana schools acted improperly after a family complained that their daughter's paraeducator pinched her inner thigh and touched her in a sexually inappropriate manner, among other charges.
The lawsuit was filed in October on behalf of the Clear Creek Elementary School student, not named in the lawsuit because she is a minor, by her parents Ingrid Cobb-Ellick and Michael Ellick Jr.
It names as defendants — who deny the allegations — the Clear Creek Amana Community School District, former Superintendent Tim Kuehl, Associate Superintendent and former elementary school principal Matt Leeman, and Kelly Giese, the student's aide in the 2019-20 year.
The nine counts in the lawsuit contend that CCA schools and certain staff did not fulfill their duties to protect the student after being aware of the family's concerns about Giese touching her inappropriately.
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Giese is referred to as an "aid" by lawyers for the defendants and as a "paraeducator" by the plaintiffs' lawyers. Both parties agree she was a "new" and "unlicensed" employee that school year. The district website lists a Kelly Giese as a current "associate" at Clear Creek Amana High School.
The family is arguing in court that the district's actions constitute discrimination against their daughter based on her race, sex and disability status.
The family is seeking "an amount which will fully and fairly compensate for the physical, mental and emotional injuries and damages, compensatory damages, as well as all interests and costs, as allowed by law, and such other relief as may be just under the circumstances."
Trial is scheduled for August 2023 in Johnson County District Court.
Lawsuit alleges paraeducator was 'grooming' student
The lawsuit says Giese began "grooming" the student at the beginning of the school year. Then, in early November 2019, Cobb-Ellick said she noticed bruising on her daughter's inner thigh.
"When asked about the bruises, (the daughter) reported that a paraeducator at her school, Giese, had pinched her inner thigh and touched her in a sexually inappropriate manner while she was using the restroom at school," the legal complaint alleges.
Giese "intentionally pinched and grabbed" the student's leg, according to the lawsuit, intending to cause "insulting or offensive bodily contact" and put her "in fear of physical contact which would be insulting or offensive."
The lawsuit alleges Giese committed assault and battery against the student, claims which she denies.
The family reported concerns to Clear Creek Elementary soon after noticing the bruising. Then-principal Leeman and another administrator created a "safety plan" in response.
The family alleges that the safety plan prohibited contact between the student and Giese. The defendants agree there was a safety plan, but dispute that it prohibited contact between the two.
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One day after the plan had been created, the student came home with a sucker she said came from Giese, the lawsuit says. She brought home a duck toy in February that she also said had been given to her by the paraeducator.
Defendants deny the items were given to the student by Giese.
In January 2020, the student reported she did not want to continue going to school "because she was 'afraid' of Giese and feared Giese would hurt her," according to the legal complaint.
Cleo Krejci covers education for the Iowa City Press-Citizen. You can reach her at ckrejci@press-citizen.com.
This article originally appeared on Iowa City Press-Citizen: Clear Creek Elementary parents say daughter was mistreated
