Edwardsville District 7 denies claims in former student's abuse lawsuit
Edwardsville Community Unit School District 7 has denied many allegations in a lawsuit filed by a former Edwardsville High School student who says he was sexually abused by former Assistant Principal Erin Hamilton-Foley.
The district filed its answer June 8 in Madison County Circuit Court. The lawsuit, filed April 24, accuses District 7 of failing to supervise Hamilton-Foley or control her conduct.
The plaintiff is seeking unspecified damages of more than $50,000 from District 7.
In its response, District 7 denied many of the plaintiff's allegations and asked the court to dismiss both counts.
The district also raised several affirmative defenses, including that the complaint fails to state a valid legal claim, was filed too late and is barred in part by governmental immunity.
District 7 argued the plaintiff failed to file his claim within the one-year statute of limitations under Section 8-101 of the Illinois Local Governmental and Governmental Employees Tort Immunity Act. The district also argued that decisions on employee supervision are discretionary and protected under the Tort Immunity Act.
The district further argued that any injuries or damages alleged by the plaintiff may have been caused in whole or in part by other people or entities, and that any damages should be reduced based on the percentage of fault assigned to others or to the plaintiff.
District 7 also argued the plaintiff failed to mitigate damages, meaning any award should be reduced if the plaintiff failed to take reasonable steps to limit his losses after the alleged injuries occurred.
The district raised comparative fault as an affirmative defense but did not provide specific facts in the answer explaining why it believes the plaintiff bears legal responsibility for any portion of his damages.
District 7 also asked the jury to limit certain damages the district could be required to pay under Illinois law if the jury finds the district's share of fault is less than 25%. The district argued that, if it is found less than 25% at fault, Illinois law limits its responsibility for certain non-medical damages.
The district also argued that if the plaintiff was more than 50% responsible for his injuries, he should recover nothing. If the plaintiff was 50% or less responsible, the district argued any damages should be reduced based on his share of fault.
District 7 also stated it did not fail to report suspected abuse and argued the plaintiff cannot establish willful and wanton conduct based on an alleged reporting failure.
The district argued it cannot be held vicariously liable for criminal or intentional conduct by employees if that conduct was outside the scope of employment.
In a separate filing, District 7 requested a jury trial.
A civil case management conference is set for 9 a.m. July 29 before Judge Sarah Smith.
Background on the allegations
The lawsuit alleges that "staff at Edwardsville High School knew or should have known that the perpetrator posed a threat to the safety of the Plaintiff and failed to protect him."
The plaintiff claims District 7's alleged failures allowed Hamilton-Foley to groom, harass, abuse and assault him, causing physical and emotional harm.
The complaint also alleges administrative staff at Edwardsville High School, as well as the plaintiff's teachers, were aware that Hamilton-Foley arranged for the plaintiff to meet alone with her in her office daily for up to three or four hours each school day.
The complaint further alleges District 7 teachers, administrators and other employees knew that allowing the plaintiff to spend unsupervised and unreasonable amounts of time alone with Hamilton-Foley could create an atmosphere in which he could be manipulated, groomed and sexually abused.
Hamilton-Foley pleaded guilty Sept. 22, 2025, to one count of aggravated criminal sexual abuse, a Class 1 felony. She was sentenced to four years in prison and four years of mandatory supervised release, and must register as a sex offender, according to information previously provided by the Madison County State's Attorney's Office.
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