Valley Day School
PHILADELPHIA – A Pennsylvania school district has defeated claims it should be liable for the sexual assault of a 14-year-old boy that led to a teacher’s aide facing criminal charges killing herself.
Philadelphia federal magistrate judge Pamela Carlos ruled Sept. 2 that the Pennsbury School District isn’t liable for what happened to a plaintiff known as V.C., who was groomed and sexually assaulted by Jerrilynne Derolf during the 2020-21 school year at Valley Day School.
Derolf was 38 years old when she shot herself in August 2021. She had been arrested and released on bail when she tried to meet V.C. in secret, but police found them.
She yelled at V.C. to run and shot herself in the head. She had already confessed to her crimes, leading to attention from the media. The ensuing lawsuit accused Pennsbury of failing to adequately train and supervise its employees and violating the Americans with Disabilities Act.
“Here, Plaintiff does not allege a pattern of prior violations,” Carlos wrote.
“Indeed, he does not allege that any other student at VDS, or at any other school, was subjected to similar conduct, or that other students, parents or guardians ever previously complained to VDS or Pennsbury about inappropriate teacher/staff behavior.
“Without these, or other allegations, Plaintiff has not sufficiently pled that Pennsbury should have been ‘on notice’ that its existing training or supervisory programs were inadequate, or that its failure to train/supervise evidences ‘deliberate indifference’ to likely constitutional violations.”
V.C. was at VDS because of a troubled history, including abuse by his parents, foster care and a suicide attempt. Notes from his education plan said he used “very sexual” language, and his time with Derolf started on Zoom during the COVID-19 pandemic.
They would spend extra time talking to each other, which V.C. alleges the district should have known. He unsuccessfully argued Pennsbury had a policy that allowed Derolf to stay online for extended periods of time with students.
In 2021, students went back to school, and Derolf started taking walks with V.C. She had him download Discord so her sexually explicit text messages would be deleted after sent. And they would go out to eat.
Ultimately, she gave him marijuana and had sexual intercourse three times. In July 2021, she was arrested, confessed and released on bail.
Carlos wrote the entire school district couldn’t be blamed for the mostly secret conduct of Derolf.
“(T)his conduct largely occurred in ‘private,’” she wrote. “He does not allege that any other VDS employee or Pennsbury official participated in the alleged wrongdoing, or otherwise learned of Ms. Derolf’s actions through some other means.
“Moreover, he does not allege that he, or any other student, parent, teacher or employee, reported Ms. Derolf’s actions to VDS and/or Pennsbury officials…”
