Parents do not want police action after teen with Down syndrome was seen in brawl at York Community High School
ELMHURST, Ill. (CBS) -- Elmhurst police said Tuesday that there is more to the story of a disturbing video that originally purported to show several students attacking and bullying a boy with Down syndrome in a school bathroom.
The boy's parents do not want a police investigation.
Elmhurst police said on Thursday of last week, they were called to York Community High School about a group of students who were fighting in a boys' restroom. They obtained two cellphone videos recorded at different times.
Police said the video showed five students – including one with special needs – were willfully engaged in a fight while other students watched. At one point, the student with special needs was pushed to the ground, police said.
York High School administrators launched a disciplinary investigation, which included contact with the Elmhurst Police Department. Administrators learned the student with special needs is on then school wrestling team – as are two of the four other students who were involved in the fight.
In the video recording, a student who is not on the wrestling team appears to have pushed the student with special needs after the first physical contact, police said.
No one was physically injured, police said.
A female student aide had escorted the special needs student to the restroom and was outside during the incident. The aide summoned school administrators when she heard unusual activity outside the restroom, police said.
Elmhurst police have contacted the parents of the student who was pushed, and they declined a formal police investigation. The parents and the school administration said the school disciplinary process would be sufficient to handle the situation.
Elmhurst police have offered counseling to the teens involved.
On a video CBS 2 obtained Monday night, the student with Down syndrome to seen on the floor of the restroom, as you hear someone else yell, "Get him!"
The video also appeared to document students laughing and taunting the boy – who then appeared to seek refuge in a bathroom stall. The video had been circulating among York High School students.
"We shouldn't still be seeing these things happen," Frank Lally, the education policy analyst for Access Living Chicago – a disability rights organization, said Monday.
CBS 2's Marybel González spoke Tuesday to the family of the student with special needs who appears in the video. They said they are not okay with what happened to him – because in a sense, they feel he was manipulated into the situation. Given his disability, they say he went along with it because he wanted to fit in.
York High School administrators earlier sent a letter to families about the incident. Elmhurst Community Unit School District 205 spokeswoman Tonya Daniels sent CBS 2 the following statement:
"We are deeply disappointed and saddened by the actions of this small group of students. Bullying, intimidation, and harassment diminish a student's ability to learn and a school's ability to educate. Such behaviors are not tolerated in Elmhurst District 205, and any student who chooses to engage in these behaviors will face the appropriate consequences. Throughout the day on Friday, students involved in the situation were interviewed and significant school consequences were issued.
"The investigation continued throughout the weekend and remains ongoing. Interviews and tips will continue to be fully examined to ensure a full understanding of all details pertaining to this incident, including the moments before and after what is seen on the video. The Elmhurst Police Department School Resources Officers were notified and have been in contact with the parents of the student who was pushed.
"We are grateful for the tremendous support from our York community and for the numerous reports that we received. The overwhelming response from the York community is a testament to the fact that the actions of a few do not represent the entire school. All schools in District 205 are welcoming and support all students. The health and safety of our students is of the utmost importance. We will continue to engage with our community to ensure that every student is able to attend our schools without fear of bullying, harassment, or intimidation."
"You would think that in 2022, students in high school would have a little bit more empathy for their peers," Lally told CBS 2 Political Investigator Dana Kozlov on Monday. "But the sad reality is students with disabilities are victims of bullying at much higher rate than their peers."
Another student, Mary Olivia Muti, started a Change.org petition to help build a stronger foundation for York High School's diverse learners.
Muti did not want to go on camera, because she was already a target of retaliation. But she told Kozlov Monday night she will be meeting with administrators and asking for the suspension and a sports ban for all students involved.
She also wants an emergency meeting to discuss increased funding for aides and hall monitors.
A night later on Tuesday, Elmhurst District 205 addressed the video a school board meeting. The board made the announcement that no criminal charges will be filed in the case after the police investigation.
The school board said the students involved will be facing significant disciplinary consequences – although they would not specify what that entails, citing confidentiality laws.
But the response from the school fell short from some parents and students who say they want more answers and accountability.
"It was not an isolated incident," said York Community High School student Taylor Melind. "Things of this caliber happen all the time to any of the minority or marginalized groups at York – especially disabled students – and while typically, it doesn't get to the extent of physical violence, there is always mocking."
"It definitely looked like hazing, and a bunch of kids taking advantage of somebody who is vulnerable and doesn't understand what is going on and how he is being treated," added parent Michelle Garcia Melind.
The family of the student with special needs said even though they are choosing not to press charges, they do appreciate the school handling the disciplinary action against the students involved.
