Two major educational entities in Evansville, the University of Evansville (UE) and the Evansville Vanderburgh School Corporation (EVSC), find themselves as defendants in a federal lawsuit following the misconduct of a former elementary school tutor. Families of multiple local children are suing Jacob Butler, the convicted tutor, along with UE, its board of trustees, and the EVSC and its school board. The lawsuit, filed in late April in the U.S. District Court for the Southern District of Indiana, is seeking a jury trial.

Butler, a former UE student and EVSC tutor, plead guilty last November to charges including child exploitation, voyeurism, possession of child pornography, and public voyeurism. He was subsequently sentenced to 17 years in prison, with a possible release date in 2030.

In response to the lawsuit, UE’s chief communications officer, Noah Alatza, expressed the university’s awareness of the legal proceedings and their commitment to cooperating fully with law enforcement. Alatza stated that the university takes the matter seriously and extends its sympathy to the victims and their families. UE took immediate action by expelling Butler following the disciplinary process outlined in their Student Handbook, with a steadfast commitment to protecting the safety of children.

EVSC’s attorney, Pat Shoulders, contended that the school corporation should not be implicated in the lawsuit. Shoulders explained that Butler was selected by UE as a suitable candidate for an after-school tutoring program. EVSC promptly launched an investigation, informed parents, and reported the matter to the authorities when the allegations against Butler surfaced.

The lawsuit alleges that both UE and EVSC bear responsibility for Butler’s actions under the legal doctrine of “respondeat superior,” which holds employers accountable for their employees’ wrongful acts within the scope of their employment. Butler, through a Clinical Education Agreement for Student Teaching, provided math tutoring twice a week at Vogel Elementary School as part of an after-school daycare program. The affected students, primarily from kindergarten, first grade, and third grade, were enrolled in the daycare program, with only two involved in the tutoring initiative.

The suit claims that Butler was often left unsupervised with numerous children, not just those in the tutoring program. It states that he had unsupervised access to the restroom, where he photographed children during November 2021, possibly extending to other months. Butler’s arrest came in December when incriminating photos were discovered on his phone. The filing states that he admitted to taking the photos, deriving sexual gratification from them, and engaging in sexual acts while viewing them.

The plaintiffs argue that UE and EVSC entrusted Butler with the care of children, and he exploited this trust to sexually assault and exploit the children involved. They contend that these actions occurred within the course and scope of Butler’s employment or agency with UE and EVSC. The families further claim that UE and EVSC failed in their duty to provide adequate screening, training, and supervision of employees, as well as neglecting to warn the children and their parents about the risks associated with the programs.

As recipients of federal funding, both UE and EVSC are required to adhere to Title IX guidelines. The lawsuit alleges that they failed to provide a safe educational environment and neglected to investigate the allegations of sexual exploitation as mandated by statute. The families assert that UE and EVSC showed deliberate indifference, exacerbating the harm suffered by the children.

The families are seeking a judgment against Butler, EVSC, and UE to compensate for the injuries, losses, and damages incurred. They also request coverage of the court proceedings’ costs. An initial telephonic pretrial conference is scheduled for June 27.

The original story was published in the Evansville Courier & Press. Portions of this article were generated using Artificial Intelligence.