Autism Vox

Queensland Aide Sued for Kicking Student

by Kristina Chew, PhD on September 1st, 2007

A lawsuit has been filed against a teacher’s aide and his employer, Education Queensland: In 2005, now 13-year-old Cale Doffiny, who has autism, was kicked at by the aide, David Smith. Cale fell from his chair and suffered post-traumatic stress disorder as a result. An investigation found that Smith kicking Cale was an “act of retaliation,” after Cale had kicked him. Notes the September 2nd News.com.au,

The departmental investigator recommended Mr Smith be disciplined, according to documents obtained by lawyers Quinn and Scattini.

Instead, Mr Smith was cautioned and allowed to remain in his job at the school, now called Currumbin Community Special School.

A later review confirmed the findings.

“Our son has suffered and he continues to suffer,” Julie Blinco, from Kingscliff in northern New South Wales, said.

Lawyers for the family have been trying to negotiate Cale’s return to the school but have stipulated that he cannot go back while Mr Smith remains on staff.

Cale is—more than understandably, I think—scared of Smith.

There have been times when my son has struck out at a therapist or teacher. Charlie’s therapists and teachers have been trained to understand that these things occur not with any intention to hurt on Charlie’s part, but due to frustration, a desire to communicate, sensory overload, and other reasons. Charlie’s teachers certainly know—unlike David Smith—how to respond and to help, not hurt.

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POSTED IN: Education, Legal Issues, Safety