TOLEDO, Ohio — A Toledo family is suing Toledo Public Schools, the TPS Board of Education and an intervention specialist for allegations of abuse against a student in 2020 and 2021.
According to the lawsuit, TPS intervention specialist Scott Michaelis is accused of verbally and physically abusing an 11-year-old student with autism at Elmhurst Elementary School. The lawsuit also claimed Toledo Public Schools officials were aware of the abuse for at least six months without reporting it to the student's parents or authorities.
The lawsuit referenced two major incidents in which Michaelis allegedly abused the student.
In November, 2020, Michaelis instructed the student to apply hand sanitizer, which she refused to do and became "loud verbally". Michaelis then tackled her "like a football linebacker, and pushed her head down causing it to slam on the ground," the lawsuit said.
The incident was witnessed by a paraprofessional classroom assistant and a student teacher, the latter of whom reported it to their teaching supervisor at Bowling Green State University.
During a second incident that occurred in February, 2021, Michaelis was overseeing a written classroom assignment when he requested the student erase her written work. According to the lawsuit, the student has an Individualized Education Plan (IEP), which permits her to have a scribe during written assignments, as writing is sometimes a behavioral trigger for her.
Michaelis then forced an eraser into the student's hand, who then, reportedly spit on him. Michaelis then "grabbed [the student] by the nape of her neck, pressed her head into the desk forcibly, and then applied a bear hug".
The classroom paraprofessional, who witnessed this event, told Michaelis, "Get your hands off of her and do not touch her again."
The classroom's student teacher reported this incident to her program supervisor at BGSU. Both the student teacher and two paraprofessionals also reported the February 2021 incident to the Elmhurst principal.
The lawsuit stated the student's parents were not made aware of either incident.
On May 6, 2021, a TPS special needs supervisor called the student's mother, Jacqueline Tschan, who is representing her daughter as plaintiff, to schedule a meeting to discuss the student. During the meeting, which occurred the following day, school officials told Tschan "a CPI hold may have been applied improperly" on the student by Michaelis.
TPS placed Michaelis on leave and removed him from the classroom on May 6. According to the lawsuit, Michaelis resigned and has not returned to the classroom.
The lawsuit stated Tschan spoke with her daughter regarding the incidents. The student confirmed the aggressive tackle, holds and head slamming. The student also told Tschan that Michaelis allegedly "inappropriately touched her under her pants" but could not specify a date when this occurred.
The student also told Tschan that Michaelis "put his hand up my shirt and it felt like my bra was gonna rip off" while in the classroom's attached private bathroom.
Tschan made a report of abuse to Lucas County Children Services on May 10. A Toledo Police Department detective then conducted a recorded interview with the student in the presences of LCCS who watched via video.
Michaelis reportedly declined to speak with TPD or LCCS. According to the lawsuit, LCCS closed the case because they were unable to speak with Michaelis and lacked physical evidence.
Per the lawsuit, the abusive events caused the student physical pain, escalated the student's behavioral issues and caused further emotional distress.
Tschan is suing TPS, the TPS Board of Education and Michaelis on nine counts, including violating the student's right to a federally-guaranteed education, disability discrimination, assault, battery and failure to report known or suspected abuse, among others.
TPS declined to comment on the matter Tuesday because it is an ongoing legal case.
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