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BLOOMINGTON — The mother of a Carlock Elementary School second-grader has filed a lawsuit seeking removal of allegations of sexual misconduct by the child from his school record.

The mother, whose name is being not disclosed by The Pantagraph to protect the child's privacy, claims her son was given a two-day in-school suspension following accusations by the school that he had inappropriately touched another student on Sept. 19.

After notifying the mother of the allegations, school officials contacted police "and requested prosecution" of the child, according to the filing in McLean County Circuit Court.

Two days after the incident, Carlock Principal Laura Delgado told the mother she was imposing the suspension based upon a video of the alleged misconduct, according to the request for an injunction filed by Peoria lawyer Michael Evans.

The mother accuses Unit 5 of refusing to provide her with access to the video and advance notice of the suspension. After she challenged the suspension, the school did not arrange for a hearing officer to review the discipline as required by the Illinois School Code, according to the lawsuit.

Calls to Delgado were referred to Unit 5 attorney Curt Richardson, who said he was aware of the situation but the district had not been served with the court action.

"We will defend whatever action is taken against us and refer the matter to our insurance carrier," said Richardson, adding the district is barred from discussing information contained in student records.

The mother's lawyer did not return a call for comment on Thursday.

The Danvers Police Department, which provides police coverage for Carlock, confirmed that a report related to the incident was forwarded to the McLean County state's attorney's office. State's Attorney Jason Chambers said the report was reviewed by his office and no grounds were found for pursuing criminal charges.

The entry of information in the child's school records related to the alleged sexual incident will cause the youth irreparable harm, said the lawsuit seeking removal of that information.

In addition to a revision of her son's school records, the mother is seeking more than $50,000 in damages.

A May 4, 2018, hearing is scheduled on the lawsuit.

Follow Edith Brady-Lunny on Twitter: @pg_blunny


McLean County Courts Reporter

McLean County courts reporter for The Pantagraph.