If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

A federal jury recently ruled against a former Darien special education aide accused of sexually abusing a 12-year-old student with Down syndrome in 2009.

The boy, identified only as John Doe, and his parents filed a lawsuit in 2011, alleging Doe's special education aide, Zachary Hasak, made sexual advances toward the boy.

Gary Mayerson, a New York City-based attorney representing Doe and his parents, said the verdict is crucial for telling families with special-needs children that they do have a voice when it comes to reporting and filing cases against teachers and administrators.

The Darien family was awarded $100,000 in damages following a two-week trial in U.S. District Court in New Haven that ended Aug. 4.

The lawsuit also named a handful of employees of the school district and the Darien Board of Education, claiming the other teachers and administrators were aware of it and opted to do nothing.

The lawsuit came after the Darien school district ruled the alleged abuse in a seclusion room for special-needs students didn't take place.

"While in the classroom, alone with the student, Defendant Hasak exposed himself to the student, made sexual advances toward the student and encouraged the student to engage in sexual activity with him," the lawsuit alleged. The parents claimed their son suffered permanent emotional damage and would require added supervision for the rest of his life.

According to the lawsuit, the student "refused to engage in sexual activity" with Hasak, who the parents claim threatened to hurt Doe if he told anyone about the alleged advances.

Hasak, according to the lawsuit, was not supposed to be alone with the student for any length of time without supervision from a teacher. Doe's parents claimed their son told his special education teacher about the incident, but the defendants deny that.

The federal jury found that only Hasak was liable and that administrators and teachers had no notice about Hasak's abuse until it was reported by the Does.

An interview with the student and school employees took place after the parents reported the incident to the independent consultant for the student and Stephen Falcone, then-assistant schools superintendent, on that same day. According to the lawsuit, the school employees who conducted the interview "believed the student's assertions that he had been abused by Hasak."

But according to the defendants' response to the claims, they "deny that they told Mr. and Mrs. Doe that they believed the student's assertions that he had been abused."

The state Department of Children and Families initially found probable cause that Hasak had abused the student but reversed its findings after Hasak passed a lie-detector test, court documents show. Hasak took a second test later. No criminal charges were ever filed, though an arrest warrant was drafted by the Darien Police Department but was never signed by a prosecutor.

A pretrial order was made barring the defense or the plaintiff from speaking about either of the lie-detector tests, which Mayerson claimed was common.

The parents claim a lack of training for reporting abuse for educators led to the continued alleged abuse of their son, which the defense denies.

However, the jury did not find that two educators in the elementary school knew about the alleged assault in the days after the incident, which Mayerson said is because of the stringent guidelines jurors follow when determining fault.

Mayerson said overall, he and the family were pleased with the outcome of the case that has lasted more than four years.

"We won it fair and square on the issue of sexual abuse," Mayerson said.

Hasak will appeal the verdict, according to his attorney, John Blazi of Waterbury.

"The unfortunate takeaway from the verdict may be that others may be dissuaded from taking on the responsibility of caring for children with special needs who may misperceive or misreport about things they experience in their environment," said Blazi.

Mayerson said he was not surprised that Hasak will appeal the decision.

Catherine Nietzel, an attorney with Ryan Ryan Deluca in Stamford who represented the district and its employees, said she was pleased with the outcome because her clients were released from any liability.

Mayerson said he believes not every case of inappropriate conduct with a special-needs student is reported.

"From the start it's going to be stigmatizing and very uncomfortable," said Mayerson, who said 95 percent of his cases deal with students who are on the Autism spectrum or are special needs.

Andrew Feinstein, a Mystic-based special education attorney who has worked with Darien parents, said that throughout the state, reporting issues within a special education department can have its challenges, especially with students who are nonverbal.

He said problems can arise when special education aides are not trained to the highest standards.

"Some of them are very low paid and not screened based on their emotional fitness for the job," Feinstein said. "It's incredibly challenging work. It's very challenging not to lose your cool."

Feinstein spoke beyond the scope of sexual misconduct and referred to physical instances that can exist.

Feinstein said that stronger legislation barring restraints from being used with children is needed.

"My view is that restraint is a manifestation of a failure to manage behavior," Feinstein said.

Nietzel, however, said Darien did everything right when it came to Doe's situation.

"The district knows what its obligations are and it did it," Nietzel said, adding that within two hours of Doe telling the school, officials called the Department of Child and Families and removed the child from Hasak's care.

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

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Source- Megan Spicer, Family Awarded $100,000 in School Abuse Verdict; Special education aide had been accused of sexually abusing a student with Down syndrome, Conn. Law Tribune, Aug. 17, 2016, http://www.ctlawtribune.com/search-by-practice-area-news-page?practicearea=education+law