Chaffee teacher resigns, employees allege retaliation after teacher accused of assault

Tensions have boiled over at Chaffee School District since a student alleged one of her teachers touched her backside in class.

On Nov. 15, a minor Chaffee High School student reported to a teacher that another teacher, Todd Cabral, touched her "butt" while the two were at his desk.

Since then, Cabral, 50, has resigned and faces a Class A misdemeanor assault charge, and two Chaffee School District employees have filed complaints against the district with the state Commission on Human Rights.

Other teachers are seeking answers.

During a school board meeting Monday, Chaffee teachers and parents huddled outside a meeting room after the board went into closed session. These board meetings are usually scarcely attended, according to multiple district employees.

One employee spoke with the Southeast Missourian, but would not give her name out of fear of retaliation.

"There are a lot of awesome teachers here," she said, "but our administration is beyond corrupt, more than I ever thought would be possible."

The Southeast Missourian reached out to district superintendent Brad Blackman with several questions and a request for comment. On Wednesday, Blackman said the district "will not be providing further information at this time."

The Chaffee School Board accepted Cabral's resignation Monday. It's undisclosed whether his resignation was related to the student's allegation of inappropriate touching. According to multiple district employees, Cabral continued to teach at Chaffee High School until mid-January.

The status of Cabral's employment between mid-January up until Monday's board meeting is undisclosed.

It's also unclear whether the district contacted any law enforcement agencies or took any measures mandated by law to report the student's allegation to state authorities.

In an emailed statement to the Southeast Missourian on Feb. 16, Blackman said the district reported the student's allegation to local law enforcement the same day the district received the student's report in November.

The student's allegation of Cabral's inappropriate touching was never reported to the Chaffee Police Department by the school district, according to Chaffee Police Chief Bill Sullivan.

Sullivan said the incident was reported to the Chaffee Police Department on the morning of Dec. 1, 16 days after the alleged incident occurred.

Sullivan added the department only learned of the alleged assault through a report of a separate incident involving "basically the same parties."

Sullivan would not comment further, citing an inability to comment on an active investigation. He referred questions on the initial incident to Scott County Sheriff's Office detective Eric Dunn. Dunn could not be reached by presstime.

A records request to Chaffee Police Department under the state's Sunshine Law for all documents relating to the alleged incident Nov. 15 was unsuccessful.

Scott Horman, lawyer for the City of Chaffee, said Southeast Missourian's request for records could not be completed until the investigation became "'inactive' as defined by state statute.

Chapter 610.100 of the Revised Statutes of Missouri states all incident reports -- defined as records of law enforcement agencies consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of the crime or incident -- are open records.

Reporting to Department of Social Services

Normally, when inappropriate touching is reported to a school official or a teacher suspects abuse, Sullivan said his department is contacted by a school administrator or a representative of the Missouri Department of Social Services.

This never happened in the case of the alleged assault Nov. 15, according to Sullivan.

School personnel are mandated reporters of child abuse and neglect and are required by state law to report suspected child abuse or neglect to the state Department of Social Services's hotline, according to Heather Dolce, media director for the state Department of Social Services.

"Under Missouri law, the Department of Social Services must contact appropriate law enforcement agencies when it receives a report that merits investigation," Dolce said. "Law enforcement agencies may co-investigate or provide other assistance."

The Revised Statutes of Missouri defines child abuse as the infliction of any physical, sexual or mental injury against a child by any person 18 years of age or older.

In an interview with Southeast Missouri Network Against Sexual Violence, the Chaffee student said Cabral touched her butt while she was standing next to him. She told authorities she and Cabral were going over a test, according to a probable cause statement for Cabral's arrest.

A pen broke, and when Cabral went to throw the pieces away, the student said he "brushed" against her. She said she then felt a "grab" on her buttocks as Cabral moved away from a trash can.

According to the probable cause statement, Cabral denied "grabbing" the student and said the touching was unintentional.

Later, Cabral admitted to intentionally brushing up against her butt.

Dunn spoke with Cabral after a Missouri State Highway Patrol investigator interrogated Cabral. During the conversation, Dunn wrote, "Mr. Cabral admitted to making a 'bad decision and owning up to it. I never wanted to hurt her and never should have touched her backside,'" Dunn wrote.

Dunn wrote the Scott County Sheriff's Office was notified of the possible assault by the Chaffee Police Department on Dec. 4 and was asked to assist.

Cabral's attorney, Jacob Zimmerman, said, "We vehemently deny the allegations made against Mr. Cabral." Zimmerman had no further comment.

Employee allegations

The Southeast Missourian initially reported on Cabral's charge in February.

Multiple district employees have come forward since to allege instances of retaliation and discrimination involving district administration and employees.

In February, two employees filed charges of discrimination against the district through the state Commission on Human Rights.

Attorneys J. P. Clubb and Laura Clubb represent the two employees. Both employees, Mary Hall and William Daffron, claimed they faced retaliation, sexual harassment, discrimination, and hostile work environments.

The Clubbs provided copies of Hall and Daffron's charges of discrimination to the Southeast Missourian with Hall and Daffron's permission.

Daffron holds multiple positions at the district including head high school football coach. Hall works as the district's curriculum director and vice principal of Chaffee High School.

In their complaints to the commission, both Hall and Daffron claimed a high-ranking administrator spread "disgusting rumors" about their sex lives.

In identical language, both Hall and Daffron wrote about the district's alleged lack of reporting of the student's report against Cabral.

"In this matter, I did not think to inquire whether a report had been made, because it was so obvious to me that a report should be made," Hall and Daffron wrote of the district's possible lack of reporting to the state Children's Division of the state Department of Social Services.

Hall claimed she was told to "stop digging" into the incident because it would be bad for Cabral's reputation.

Daffron claimed he was told he'd lose his job if he "muddied the waters."

"I took this as a threat that my support of Mrs. Hall's insistence that Cabral be disciplined for his conduct and my own disgust with the way the matter had been handled were going to get me fired," Daffron wrote.

Generally, employees in Missouri are required to file a charge of discrimination with the state Commission on Human Rights before pursuing a lawsuit against their employer, according to the state Department of Labor's website.

These charges must be on file with the state Commission on Human Rights for 180 days before employees can request a Right to Sue Letter from the commission, according to J.P. Clubb. Otherwise, the commission carries out its own investigation.

"The behavior thus far of the district leads us to believe we will have to request a Right-to-Sue letter from the Missouri Commission on Human Rights and then proceed to a lawsuit," Laura Clubb wrote in an email to the Southeast Missourian. "Time and time again, when given an opportunity to [do] the right thing and protect their students and teachers, the Chaffee School District's administration has done the wrong thing."

Cabral was arrested Jan. 25. Court records show he posted his $10,000 bond.

A plea of not guilty was entered Feb. 8.

Cabral's current charge is a Class A misdemeanor fourth-degree assault charge against a special victim. The charge carries up to one year in jail and could also involve a $200,000 fine, according to Scott County Prosecuting Attorney Amanda Oesch. A guilty ruling may also result in no jail time with only the $200,000 fine.

Oesch said the charge may be amended, which would change the range of punishment. In an email to the Southeast Missourian, Oesch said "I believe the special victim language isn't correct and will need to be corrected."

In the meantime, some employees of Chaffee School District remain wary. One employee told the Southeast Missourian she has considered leaving the district because of what she identified as a mishandling of the student's claims.

"I can't work under people that just blatantly disregarded somebody's story," she said.