Beaumont ISD ordered to pay $3.45M to sexual assault victims

Nearly two weeks of testimony offered to a jury in Judge Michael J. Truncale’s federal U.S. District Court in Beaumont ended May 24, concluding evidence contending that Beaumont Independent School District (BISD) administrators and the elected Board of Trustees failed to protect students from sexual assault even after allegations of sexual assault were made against educators ultimately kept on staff and moved to other campuses to reoffend. A verdict came after just over two hours of deliberation by the nine-member jury finding BISD liable for Title IX and civil rights violations following the sexual assault of two former students, awarding a total of $3.45 million in damages. 

The plaintiffs, former Vincent Middle School students Victim 1 and Victim 2 (names withheld), were represented by local attorneys Mark Frasher and John Werner of Reaud, Morgan, and Quinn L.L.P. The lawsuit against BISD and former substitute teacher Brandon Louis Chillow dates back to 2021, with the victims fighting for years in search of compensation for damages resulting from violations of their federal civil rights as well as their innocence. 
 

Offensive, and re-offensive 

During April and May of 2019, Chillow, while working as a substitute teacher at Vincent Middle School, was reported for engaging in predatory sexually abusive acts that included grooming and soliciting minors to engage in sexual acts with the intent of sexual assault of Victim 1, who was 13 at the time. Chillow sent pornographic images of himself to the victim as found on the victim’s devices and the educator was subsequently indicted on a felony charge of online solicitation of a minor, for which he pleaded guilty on March 24, 2021, and was sentenced to 6.5 years in prison. 

Prior to soliciting Victim 1, Chillow engaged in similar sexual abuse of Victim 2, who was 15 at the time, on or about April 26, 2019, and was the basis of a separate felony indictment for improper relationship between educator and student. According to those charges, Chillow knowingly and intentionally engaged in sexual intercourse with a student enrolled at Vincent Middle School. He pleaded guilty to said felony charge also on March 24, 2021, and was sentenced to 6.5 years in prison for the offense. 

The lawsuit claimed BISD assigned and hired Chillow to teach at VMS, although administrators knew of his history of sexually inappropriate conduct. Following the initial criminal indictment for acts against Victim 1, it was learned from then-current and former BISD employees that Chillow, while employed at Paul Brown Learning Center, had previously engaged in sexually inappropriate conduct with other minor students prior to abusing Victim 2, and that his inappropriate behavior was “reported and known by multiple BISD employees with the authority and responsibility to stop it.” 

Instead, as alleged in the suit and accepted by the jury, rather than terminate Chillow upon learning of his prior misconduct and report him to authorities, BISD moved the substitute educator to another campus, Vincent Middle School, where he sexually abused the plaintiffs. 

In addition to his prior misconduct, Chillow was criminally charged with making alcohol available to minors in February 2005, prior to his employment with BISD. 

“Rather than investigate, recognize and stop Chillow’s inappropriate grooming of minor students, it is alleged one of the victims was suspended with deliberate indifference to history and grooming,” the plaintiffs detailed in court filings. 

After recognizing adverse changes in her daughter, the mother of one of the victims discovered sexually abusive communications and solicitation from Chillow on her daughter’s iPad and cell phone, which led to the investigation and uncovering another of Chillow’s victims, a friend of her daughter. 
 

Civilly culpable 

BISD first petitioned the court to assert immunity from the claim, the quasi-governmental entity leaning on the blanket get-out-of-trial-free card to ditch public oversight in the courthouse. However, as alleged by the attorneys representing the child victims, the school district is not barred from litigation as it relates to policies and procedures that deny rights entitled to all Americans. 

With Judge Truncale ruling that BISD would indeed answer the allegations before a jury, parties presented testimony from victims and experts, as well as several current and former BISD employees. Testimony from the BISD Board of Trustees came by way of current board member and former Board President Woodrow Reece, who served on the BISD Board of Trustees from 1998 until 2014, when millions of dollars stolen from BISD by staff and staff-sanctioned cheating on standardized testing prompted the Texas Education Agency to take over BISD and install a board of managers. Reece was elected by his ward constituents again in 2021 once the district was returned to local representation. 

Having been a fixture as a district leader for about 20 years, Reece admitted knowledge of Chillow’s serial sexual assaults of students, as well as former Ozen High School band director Parker Ferguson’s serial sexual assaults of students even before then. After acknowledging his awareness of several cases of teacher/student sexual misconduct having been prosecuted throughout several decades of service on the board, Reece admitting to knowing “as an individual” that policy and training procedures were insufficient.

Specifically Ferguson, who was indicted on sexual assault and indecency with a child, acquitted in 2002, reinstated as a BISD employee, and later indicted and pleaded guilty in 2007 to an improper relationship with a student, and Tommy “Bo” Granger being indicted for indecency with a child, acquitted, and reinstated, were used as examples for which Reece had knowledge following their crimes. 

“In hindsight, neither of them should have been reinstated,” said Reece. 

Adding insult to injury was the case of a teacher that made inappropriate sexual comments to a student and was said to have been allowed to resign before the complaint reached a Level 3 grievance, which meant the board had no knowledge of the accusation, according to its policy. 

“Do you believe the board should be aware of all sexual misconduct allegations,” plaintiff’s attorney Frasher asked Reece, to which he responded, “That’s difficult to answer because the board supervises the superintendent and not the staff.” 

Bring Reece back to the Ferguson case of 2006, the BISD trustee’s testimony was quoted as stating that, “The school district, to this day, needs to strengthen its policies to prevent educator/student sexual misconduct,” admitting that he knew policies and procedures were lacking. 

Nearly 20 years later at the recent trial, Reece initially refused to agree that current policies should be strengthened to protect children from inappropriate conduct; however, Reece agreed so in a deposition just weeks prior. When asked why the policy had not been updated following any of the incidences of misconduct by teachers previously referenced, Reece said it “wasn’t a question (he) could answer, as that goes through the personnel office.” 

Reece admitted he never moved to revise or review training regarding improper student/teacher misconduct and couldn’t confirm whether or not his fellow board members had ever done such but stated that he had conversations as an individual with the superintendent regarding changing policy. 

“I’m sure everyone would want improvement, but we just stay in our lanes,” said Reece regarding not pushing for implementing change in policy and training to further protect children against educator/student sexual misconduct. 

When Frasher inquired as to whether Reece believed protecting students was outside of his lane, the board trustee subsequently agreed in open court that policy and training should have been addressed following all prior cases of abuse. 
 

Crime and crime again 

While the sexual offenders faced criminal charges, the BISD defendants were sued under civil offenses, specifically alleged Title IX violations that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Under Title IX, students are guaranteed specific rights regarding protection from sexual abuse, harassment and violence. A key component to Title IX is the requirement to provide education and training to students and staff about Title IX rights and responsibilities, including how to recognize and report sexual misconduct. 

BISD’s Board of Trustees was accused of violating the victims’ Title IX rights by maintaining a policy of indifference to sexual harassment and/or maintaining a policy or culture creating a heightened risk for abuse. 

One victim detailed how the trauma left her unable to trust schools and unable to trust leaving her infant daughter in the care of a child daycare center, causing financial hardship for the young mother as well as ongoing emotional distress. The other victim detailed thoughts of self-harm and the need for ongoing psychological treatment due to panic disorder and PTSD following the trauma she suffered. 

Prior to the jury deliberating, Truncale provided specific instructions for the jury as to questions they must answer regarding the district’s liability. The jury was instructed if the district is found the be in violation of one or more of the Title IX violations, it is to determine the amount plaintiffs were intitled to recover for damages. 

The jury did find that BISD board maintained a policy of indifference to sexual harassment and/or that the policy created a heightened risk and said heightened risk existed in a context subject to control of the board. When considering the settlement amount, the jury was asked to consider damages actually suffered or those that the plaintiffs will reasonably suffer in the future, including out of pocket costs for medical and loss of education as well as future pain and suffering. 

In closing arguments, Werner criticized the district’s handling of sexual misconduct cases as evidence of policy. 

“You’ve got official policy letting someone who was indicted back with back pay, and it’s supposed to be zero tolerance,” Werner said. “Chillow should never have gotten to Vincent Middle School in the first place.” 

After deliberations, the jury awarded $2.7 million to Victim 2 and $750,000 to Victim 1, totaling $3.45 million in damages. The Examiner asked BISD to clarify how judgment funds affect the budget, specifically would a potential judgement of this size be covered by an insurance policy, be worked into the budget, or come from a special fund already earmarked for such occassion. The following reponse was received from BISD superintendent Dr. Shannon Allen: “The payment of any judgment arising out of the case is a premature issue,” Allen is quoted as remarking. “The district is carefully evaluating the jury’s verdict and has several options to consider that will be pursued based on recommendations from our attorney.” 

"The evidence presented during trial described prior instances in which BISD continued to employ educators despite reports and information indicating a risk of sexual harassment to students. As expressed by the verdict, it was the Board's policy or custom of indifference that increased the risk of sexual harassment and corresponding injuries to students, including the former students in this case,” said Frasher. 

“Simply put, no student should be subjected to a risk of sexual harassment at school, much less sexual harassment from the very same educators to whom parents entrust with the care of their children. We hope that by this verdict, the district understands that they must take all steps necessary to identify and remove individuals who demonstrate behavior identified with predators and prevent sexual harassment of students. Protecting students from dangers arising within the schoolhouse is as important as protecting them from dangers arising outside the school house."