Article published October 16, 2008
Monroe girl's parents sue school over strip-search claims
By MARK REITER
BLADE STAFF WRITER
MONROE - Criminal charges will not be filed in the case of a female teacher who was accused of strip-searching female students at Trinity Lutheran School, authorities said. The girls allegedly were asked to disrobe down to their underwear in a search to find missing money.
However, parents of one of the girls filed a lawsuit against the school yesterday in Monroe County Circuit Court.
Jack Simms, a county assistant prosecutor, said a police investigation into parent complaints was reviewed and a decision has been reached not to proceed with criminal charges.
"We will not be charging anyone with a crime," Mr. Simms said. "We felt that we could not prove beyond a reasonable doubt that a criminal act took place."
Authorities said the seventh-grade students were taken into an office and searched on Oct. 1 after $42 was found missing from the school.
Principal John Hilken reportedly was present during the search of the students. He subsequently was placed on two weeks paid leave from his position.In the lawsuit, Martha Feller, the mother of a 12-year-old girl, claims that school employees told her daughter to disrobe and Marsha Hand, a teacher, "felt" the girl's back in an attempt to find the money.
In addition to the school, Mr. Hilken, Ms. Hand, and Phyllis Blohm, a cafeteria worker, were named as defendants in the complaint.
The lawsuit, which was assigned to Judge Joseph Costello, Jr., asks for unspecified damages and compensation for emotional distress, pain, suffering, post traumatic stress disorder, humiliation, and embarrassment.
Lorin Zaner, a Toledo attorney who represents the plaintiff, said the girl is under-going counseling and has not returned to school because of the incident.
"It was incredibly embarrassing and emotional turmoil for her," Mr. Zaner said.
The Rev. Stanley AuBuchon, senior pastor of Trinity Lutheran Church, which operates the school at 323 Scott St., wouldn't comment about the lawsuit.
He said he was relieved that school employees will not face charges.
"But I also feel for the individuals who were involved. We thank the community and congregation members for their prayers and ask them to keep us in their prayers," Pastor AuBuchon said.
According to the complaint, the defendants and others inspected the personal belongings and desks of only females in the seventh-grade class before conducting the strip search.
After a $12 check was found in a student bookbag, Mr. Hilken ordered Ms. Hand, Ms. Blohm, and a female custodian to search the students individually and in pairs in a room adjacent to the cafeteria, the lawsuit said.
In addition to Mr. Hilken, two other employees who the pastor declined to name were placed on paid administrative leave.
Pastor AuBuchon said a report prepared by an independent consultant who looked into the incident has been sent to the church's governing board for review.
Mr. Hilken, who has been employed 30 years at the school as a teacher and principal, said he plans to return Monday to his job at the conclusion of the suspension.
"I have a genuine love and concern for the school. This is a sad situation," said Mr. Hilken, who declined to comment about accusations made in the lawsuit.
Prosecutor William Nichols said criminal sexual conduct, indecent exposure, and assault and battery were among the possible charges considered by his office in reviewing the case.
Mr. Nichols said the alleged activity didn't indicate that those crimes occurred.
Contact Mark Reiter at:
markreiter@theblade.com
or 734-241-3610.
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