Lawsuit claims Henderson teacher assaulted special needs student

Parents of a student with autism and Down syndrome are suing the Clark County School District over allegations that their son was physically assaulted by a Henderson high school teacher nearly two years ago.

The lawsuit was filed in District Court on Thursday by Arias Sanguinetti Wang & Team law firm on behalf of Arcella Luis-Marcial and Jaime Rodriquez, the parents of a nonverbal special needs student identified as G.R. in court documents. It claims that Basic Academy of International Studies teacher Christen Whitney assaulted G.R., who was 19 at the time.

Attempts to reach Whitney for comment on Monday were unsuccessful.

According to the complaint, G.R. was a student in Whitney’s classroom on or about Oct. 30, 2023, when G.R. scratched Whitney’s arm near his elbow. Two teacher’s aides witnessed Whitney respond by rushing out of his chair, grabbing G.R. by the arms and shoving him to the ground, the lawsuit claims, causing G.R. to suffer physical injuries and bruising.

A few hours later, the complaint alleges, Whitney verbally abused G.R. while taking him to the restroom after G.R. accidentally soiled himself, an issue that stems from G.R.’s disabilities.

The lawsuit claims that, upon entering the restroom, Whitney forcefully removed G.R.’s backpack, slammed it onto the ground and screamed obscenities, causing a teacher’s aide to intervene and calm Whitney down.

The lawsuit alleges that the school district failed to adequately investigate Whitney’s conduct or report the alleged assault to G.R.’s parents in a timely manner. Whitney was not disciplined by the school district for his use of force, according to the lawsuit.

In the aftermath of the alleged physical and verbal assaults, the lawsuit claims, G.R. became fearful of returning to Basic Academy for school and “continues to suffer enduring pain anxiety, emotional distress, and loss of enjoyment of life, and will continue to endure such losses for an indefinite period of time in the future.”

The complaint claims Whitney had a history of using corporal punishment against students, and that the school district should have reasonably been aware of this. Whitney separated from the school district in February, a spokesperson for the district wrote in an email.

G.R.’s family is seeking a jury trial along with $75,000 in general damages and $75,000 in special damages. The school district said it does not comment on pending litigation.

Contact Spencer Levering at slevering@reviewjournal.com or 702-383-0253.