SBEC dismisses complaint against athletic trainer

A complaint was filed with the State Board for Educator Certification against an athletic trainer, alleging that his certification should be sanctioned for inappropriate physical contact with two high school students. The athletic trainer requested a hearing before the State Office of Administrative Hearings regarding the allegations. 

The first student alleged that, during an examination for a hip injury, the athletic trainer instructed her to lie down and as she did so, he touched her inappropriately while trying to get her to lie down all the way. The second student alleged the athletic trainer touched her upper thigh while taking vitals, rubbed the back of her leg while she slept, slapped her buttocks, and grabbed her neck jokingly during separate incidents in the 2023-24 school year. 

After an investigation by the school and district human resources, the district determined that one allegation involving the second student was substantiated because the athletic trainer admitted that he might have accidentally touched her. The district requested his resignation, which he provided after being told his contract would not be renewed.

At the hearing, SBEC staff presented testimony from school administrators and the second student. They also produced both students' depositions, but did not produce any transcript, recording or notes from the human resources interview with trainer. 

The district officials had no independent recollection of the details of the investigation and relied on a letter from the superintendent stating that the trainer said he "could have" jokingly grabbed the second student's neck and admitted tapping her upper leg to wake her up but denied the other allegations. 

Additionally, the student who testified provided inconsistent accounts of the trainer's conduct. There was no finding from CPS or the police that any inappropriate conduct had occurred. 

The trainer provided a written denial that he submitted to the district during the investigation. He testified at the hearing that he never engaged in the alleged conduct. He disagreed with the statement in the superintendent's letter stating that he admitted to any of the alleged conduct. 

At the hearing, he testified that all of the tables in the training room are hydraulic, so the students can talk while sitting up, but the back of the table can be lowered for an exam, if necessary. The hydraulic table requires both hands to lower it — one to pull the lever, and the other to push the table down. Because of that, he could not have touched the student in the way that she claimed.

The trainer testified that he had been an athletic trainer at the district for 24 years and produced multiple witnesses who testified that he behaved professionally and appropriately with students. 

At the conclusion of the hearing, the administrative law judge found that the athletic trainer's testimony was credible and noted that the student's descriptions were inconsistent. Those factors, combined with the fact that the district staff could not independently recall the details of their investigation, prompted a conclusion that SBEC staff failed to prove the alleged contact occurred. 

Therefore, a recommendation was made that the complaint be dismissed with no sanctions. 

The State Board for Educator Certification considered the judge's recommendation and agreed to dismiss the complaint.