Mexico School Board says teacher accused of abuse should not get her job back
MEXICO, Mo. (KMIZ)
The Mexico Board of Education is asking a judge to throw out a lawsuit filed by a former teacher accused of abusing a student.
A lawyer for the board filed a motion for summary judgment in Katrina Dukes' lawsuit this week. Dukes sued the board in September saying its decision to fire her after allegations of abuse was illegal.
Dukes was fired after she was accused of abusing a second-grade, special-needs student in April. Dukes was charged with child abuse and first-degree endangering the welfare of a child. A preliminary hearing in that case is set for Dec. 6.
Dukes sued the board of education on Sept. 13, asking a judge to reverse the decision. Her lawyer, David Moen, said in September that the allegations against Dukes were exaggerated.
The board's motion says surveillance footage showed Dukes charge at the second-grade student, who has the mental function of a 5-year-old, and hit the student twice with a bag of dodgeballs. The student was lying on the floor at the time, the filing says.
The video also shows Dukes force the student into the hallway and "dump" the student on the floor.
The school says Dukes would be a danger to children if she got her job back.
The school said there were no adults who saw everything unfold and that it occurred in front of a second-grade class. The school, in court documents, said Dukes could not recall what happened the day after the incident.
The victim showed a student resource officer a bruise on his leg, according to the probable cause statement.
The officer reviewed video footage from the gym that showed Dukes allegedly hitting the student. The school resource officer also spoke to a witness that said Dukes hit the victim “so hard,” according to court documents.
A Missouri Department of Elementary and Secondary Education spokesperson said Thursday that Dukes' teaching certificates are still active and her case is being tracked.
The spokesperson said the department cannot take action on her certificate until her criminal case has wrapped up.