(EDITOR’S NOTE: To protect the child’s identity, Idaho Education News is not naming the parents who filed the tort claim against the Boise School District.)
Two parents have filed a $50 million tort claim against the Boise School District, saying a former elementary school special education assistant produced child pornography depicting their child.
The claim involves Gavin Snow, who had worked at Boise’s Valley View Elementary School. Snow, 22, died by suicide on Jan. 10; he took his life as Boise police attempted to arrest him on child sexual abuse charges.
The tort claim was filed April 14 — less than a week after district officials met privately with Valley View parents, and publicly announced that Snow engaged in “multiple instances of inappropriate behavior” with more than one Valley View student. In an April 8 letter, district Superintendent Lisa Roberts apologized to parents and staff, acknowledging “the damage done to the trust you place in us every day.”
A tort claim is a precursor to a possible civil lawsuit. According to an online search of court records Thursday, no lawsuit has yet been filed.
In the four-page complaint, the parents say Snow abused his position as a special education assistant — a classified post which, unlike a teaching position, does not require a bachelor’s degree. The parents say Snow used his position “to take, produce and/or make child pornography” of their child, and sexually exploit “numerous students” at Valley View.
The tort claim also accuses district and school staff of negligence. Staff “failed to properly train and supervise Snow,” according to the claim, and failed to report Snow’s suspicious behavior. A lack of policies and procedures left special needs students, “including those most vulnerable,” at risk of abuse, according to the claim.
In the claim, the parents say they are seeking damages to cover “future care and counseling … mental pain and suffering, loss of enjoyment of life and emotional distress.” Total damages are “currently undetermined but not less than $50 million.”
The claim identifies the child only by initials, and does not mention the child’s gender.
The claim names several potential defendants, including Valley View Principal Rick Jordan and Boise district Title IX coordinator Jason Hutchison.
The parents’ attorney, Jeffrey McKinnie, declined comment late Wednesday.
The Boise district declined comment on the claim, but spokesman Dan Hollar noted the steps the district has taken to respond to the community. “While we will not discuss pending litigation at this time, we remain committed to transparency and to the safety and well-being of our students and staff.”
On April 9, a day after the private meeting with Valley View parents, the Boise district released findings from an independent investigation, and announced a series of policy changes at the school and district level. Several new safeguards address issues subsequently raised in the tort claim:
- Staff will no longer have cell phones with them while diapering or toileting special education students. Valley View has installed a phone storage box outside a bathroom used by special education students.
- The district will require two staffers to be present when a child is getting help in a bathroom. The district says it is reviewing staff ratios “to ensure adequate support” for this policy.
- The district is installing Dutch doors, in Valley View and other schools, to ensure a line of sight into bathrooms. The doors to a sensory room at Valley now remain open at all times.
- The district has added to its annual training programs “to assure that staff clearly understand the requirement and their obligation to report suspected child abuse, not only under Idaho law but also under their ethical obligations as professional educators.”
One day earlier, on April 8, Roberts addressed the school community’s concerns in a letter to parents and staff. “Our entire district administration and our Board of Trustees apologize for the trauma the victims and families have suffered, as well as the confusion and anxiety felt by our entire community through this experience.”