The Montgomery County school system is disputing claims that it was negligent and allowed a former Silver Spring elementary school teacher to molest a third-grade student “almost daily” in 2014 even after they knew he had been reprimanded in 2008 for holding children on his lap.
In a lawsuit filed in Montgomery County Circuit Court, the girl identified as “Jane Doe” alleges Cloverly Elementary School teacher John Vigna would place her on his lap and inappropriately touch her in the presence of other children.
The girl reported the abuse in 2016 after she learned about inappropriate touching in one of her fifth-grade classes, the lawsuit claims.
Vigna was convicted in June 2017 in a separate case of four counts of sex abuse of a minor and five counts of third-degree sex offense and sentenced to 48 years in prison.
The new lawsuit, filed in September, claims school officials failed to act to remove him from the classroom after learning of Vigna’s actions years earlier.
Attorneys for the schools argue the girl’s accusations against the school system and employees should have been addressed earlier. The school system’s lawyers also argued nobody with authority to fire Vigna was aware he was sexually abusing students. They asked that Jane Doe’s lawsuit be dismissed in December but a judge has scheduled a jury trial for October.
A school system spokesman declined comment Monday, citing ongoing litigation.
In his previous trial in 2017 where five former students testified, Vigna denied his behavior was intended to cause harm, rather, that he needed to pick the children up to “be an effective or better teacher” and to “relate or respond to students’ needs or desires for physical contact with him,” court documents say.
“I wouldn’t want to teach if I couldn’t make those connections,” Vigna said in court.
Attorneys for Jane Doe assert the school district knew of his conduct for at least five years without proper intervention.
On June 2, 2008, then-principal Melissa Brunson sent Vigna a letter of reprimand, detailing two incidents in which Vigna was observed holding students in his lap, according to the latest lawsuit. Brunson told Vigna in the letter that continued similar behavior would be grounds for discipline “up to and including dismissal.”
But Vigna continued, according to attorneys for Jane Doe.
In February 2013, Vigna was removed from his teaching position for three weeks while the school system investigated further alleged incidents of inappropriate behavior. School officials again issued another letter of reprimand and advised Vigna to seek assistance for his “inability to recognize appropriate behavior with students,” according to court documents.
“These behaviors are indefensible, inappropriate and intolerable,” the letter said.
Attorneys for Jane Doe say the school district’s inaction in terminating Vigna was negligent and endangered students.
“Had the Board or the Principal of Cloverly Elementary taken even the most basic and rudimentary steps to terminate his employment or to limit/restrict/monitor Mr. Vigna’s activities, the abuse inflicted on the minor plaintiff in this case would not have occurred,” the lawsuit says. “All knew that a teacher who insisted on picking up little girls and holding them on his lap … was either a pedophile or had some other uncontrollable illness or problem with judgment or self control, and all had reason to know Mr. Vigna was a danger to his female students.”
Attorneys for Jane Doe say the school system should have had Vigna tested for pedophilia tendencies, removed from the classroom setting or, at the least, been under constant observation after reprimands were issued.
“He learned, as a result of the failure of the defendants to do anything but write a letter … that he was free to … abuse and hold little girls in his lap without fear of termination, prosecution or other repercussion,” according to court documents.
Jane Doe has not defined a dollar amount for damages and said any amount should be decided by a jury.
“For each occurrence, the plaintiffs are entitled by statute to recover $100,000, which in this case will total many millions of dollars,” the lawsuit says, adding that a settlement is not likely. “Due to exhaustive efforts by the parties to settle, the plaintiff are not willing to waste time and money in repeat mediation because the positions of each side is well known to the other. … The plaintiffs’ position will not change, regardless of additional mediations.”
Caitlynn Peetz can be reached at caitlynn.peetz@moco360.media
