Sat, Nov 21 2009
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Former Hilldale band director denies allegations in civil rights suits By Donna HalesPhoenix Staff Writer • Members of the Hilldale School District Board of Education were acting in their official capacities and are not subject to suit under the Oklahoma Governmental Tort Claims Act.
• The school district defendants’ conduct, with respect to the plaintiffs, complied with state and federal law. • To the extent Giacomo engaged in the actions claimed by plaintiffs, he acted outside the scope of his employment and school district defendants are immune from liability arising from his alleged actions. And school district defendants had no actual notice of the alleged actions by Giacomo. Both suits allege the school knew or should have known of Giacomo’s alleged unconstitutional acts and misconduct — because it was so widespread and flagrant. The suit alleges the school failed to maintain an appropriate system of review of sexual abuse and harassment claims. The suits allege Giacomo would give the plaintiffs favorable or special treatment in his class or activities, send messages expressing his affection and desire for them. The suit alleges Giacomo sexually assaulted the 14-year-old in a Hilldale classroom, Giacomo’s home, vehicle and other locations while attending school functions. Reach Donna Hales at 918-684-2923 or Click Here to Send Email 
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