Law­suit: Teacher at­tacked pupil

Austin American-Statesman - - LOCALBRIEFING -

The Austin school district and an Austin ele­men­tary teacher are be­ing sued for al­legedly shov­ing a towel down a 5year-old’s throat in 2008, ac­cord­ing to a law­suit.

Jan­ice Day was a teacher at Oak Springs Ele­men­tary School in May 2008, when the law­suit says the girl asked to go to the re­stroom. The girl uri­nated on her­self when she was not given per­mis­sion, ac­cord­ing to the law­suit.

Day be­came an­gry with the girl and forced a towel down her throat, ac­cord­ing to doc­u­ments. The suit says that Day caused the girl se­vere mental anguish and emo­tional dis­tress.

It was un­clear Tues­day if Day was still em­ployed by the school district, al­though its web­site doesn’t list her and the law­suit refers to her as a “for­mer em­ployee.”

The district filed an an­swer to the law­suit that de­nies all al­le­ga­tions and asked that the acts claimed be more de­fined. The case has since been moved to fed­eral court.

“AISD is aware of the law­suit,” Mel Waxler, the district’s gen­eral coun­sel said in an e-mail. “This is a mat­ter that al­legedly oc­curred some two years ago. The district took the al­le­ga­tions se­ri­ously then, in­ves­ti­gated them, and took all ap­pro­pri­ate ac­tion. As this is a mat­ter now in lit­i­ga­tion, the district, of course, can have no fur­ther com­ment at this time.”

Waxler did not elab­o­rate on what ac­tion the district took.

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