RUSH%20v%20BOE%20Crete%20Monee%20UD%20201

RUSH%20v%20BOE%20Crete%20Monee%20UD%20201 - RUSH v BOARD OF...

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RUSH v. BOARD OF EDUCATION OF CRETE MONEE COMMUNITY UNIT SCHOOL DISTRICT NO 201 Appellate Court of Illinois, Third District. Phillip RUSH, Plaintiff-Appellant, v. BOARD OF EDUCATION OF CRETE- MONEE COMMUNITY UNIT SCHOOL DISTRICT NO. 201-U; Illinois State Board of Education; Alan J. Cook, Hearing Officer, Defendants- Appellees. No. 3-99-0297. Decided: March 28, 2000 Betty Thielemann (argued), Evanston, for Phillip Rush. Kelly A. Hayden, Raymond Hauser (argued), Scariano, Kula, Ellch & Himes, Chtd., Chicago Heights, for Board of Educ. of Crete-Monee Comm. School Dist. 201-U. James Ryan, Attorney General, Paul Racette, Assistant Attorney General, Chicago, for Illinois State Board of Education. Phillip Rush taught the small engines classes in the Crete-Monee Community Unit School District No. 201-U (district). In September 1997, he allowed two students to trade class detentions for electric shocks from a small engine. When one of the students complained, Rush was fired, and his teaching certificate was suspended. After an administrative hearing, his dismissal was upheld. The circuit court affirmed. We affirm the circuit court. FACTS Rush taught the small engines classes in the district for 16 years. During this time, he permitted selected students to trade their first class detention for a shock from a small engine. In September 1997, Rush gave student John Schuricht a detention, which Schuricht was permitted to trade for a shock. While considering this option, Schuricht asked Rush whether Rush would take the shock, Rush said he would not because it might stop his pacemaker. Rush did not actually have a pacemaker, but said he did because he did not like electricity. Schuricht then received the shock. He stated that his arm went numb for a few minutes, which Rush told him was normal. After that his arm tingled for about 30 minutes. Around the same time, Rush gave student Justin Burnett, who had a learning disability and attention deficit hyperactivity disorder (ADHD), three detentions in one day and offered him the option of taking three shocks instead. Burnett accepted the trade and received
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the shocks. When Burnett received more detentions the next day, he requested the shocks again, but Rush told him that the trade was only available for the first detention received. Burnett then complained to his school counselor and was subsequently examined by the school nurse, who found no signs of damage. When Burnett told his mother about the shocks the next day, she took him to a physician, who also found no evidence of injury.
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