BROWNSBURG, Ind. — The parents of a Brownsburg elementary student, who was allegedly told to eat his own vomit, have hired an attorney.
Catherine Michael, the attorney representing the family of the 7-year-old special needs student, says they want justice.
In a statement to 13News, Michael said the family learned of the abuse on April 17, nearly two months after the incident occurred.
"The incident has shocked and appalled the family and the community, and we are doing everything we can to ensure justice is served and the victim is protected," Michael said.
The 7-year-old student is challenged by autism, memory issues and communication, according to Michael.
The alleged incident happened in February with a student in the Life Skills program at Brown Elementary, located at 310 Stadium Drive, near South Odell Street.
On the afternoon of Feb. 16, in the cafeteria of Brown Elementary, 63-year-old Debra Kanipe, an instructional aide, noticed a student with special needs had food in his mouth and looked like he was going to vomit.
Kanipe asked 27-year-old teacher Sara Seymour to get a napkin.
That's when Seymour allegedly told Kanipe "if Victim 1 (the student) throws up, that Victim 1 (student) was going to eat it."
A detective asked Kanipe if Seymour was frustrated at the child.
Kanipe replied, "Sara Seymour was more trying to prove a point with Victim 1."
Kanipe, who said she's worked in special needs/life skills 27 years in Brownsburg. She described Seymour as her teacher.
Seymour was a four-year special needs/life skills teacher at Brown Elementary School. She told a detective their policy is that they "encourage the child to keep eating."
Seymour also "advised if a child spits out food and it still looks like formed food, she would encourage them to still eat it, but not vomit."
Police said another teacher, 48-year-old Julie Taylor, provided a tray for the boy to throw up on. The child later threw up on the tray.
As Kanipe and Seymour stood towering over the child, Kanipe reportedly handed the child a spoon and he began "eating his own vomit all while crying and looking at both Kanipe and Sara Seymour."
Police said Seymour and Kanipe stood on each side of the boy as he ate a portion of his vomit, while 38-year-old Kristen Mitchell, an instructional aide, and 24-year-old Meghan King, a behavioral technician at K1ds Count Therapy, watched the incident and did nothing about it.
Mitchell said Seymour "was laughing about what happened later in the day."
Mitchell, who had been at the school since 2021, confronted Seymour, but never reported the incident to DCS.
When detectives asked why Seymour appeared to be smiling during the incident, most notably "while watching Victim 1 spoon vomit into his mouth," Seymour said it was her "behavioral response when nervous."
A detective noted during most of the interview that he did not see the "self-described stress behavior" Seymour described.
"The family was only provided limited information as to the abuse and shown the video of their child being provided a spoon and being forced to eat his vomit in February 2023. The family only learned of the abuse on April 17, 2023, the same day as much of the media," Michael said in a statement.
The district said they first learned about the incident on April 12, and the staff members involved were removed from any contact with students and immediately placed on administrative leave.
“This actually came forward for another party. There was an internal process going on within the school corporation about a completely independent issue, and it was during this process that this information was discovered, and the school contacted us immediately,” Brownsburg Police Capt. Jennifer Barrett said. “At the end of the day, they failed. They failed our children, they failed that child and they failed all of us.”
The Hendricks County Prosecutor's Office filed the following charges:
- Sara Seymour, 27 (teacher): Neglect of a dependent and failure to report
- Debra Kanipe, 63 (instructional aide): Neglect of a dependent and failure to report
- Julie Taylor, 48 (teacher): Failure to report
- Kristen Mitchell, 38 (instructional aide): Failure to report
- Meghan King, 24 (behavioral technician at K1ds Count Therapy): Failure to report
"As educators, protecting the safety and welfare of our students is at the core of who we are. We are deeply saddened by the actions of these staff members and will work in conjunction with our local law enforcement as they move forward with possible criminal charges," BCSC Superintendent Jim Snapp said in a statement.
Police confirmed the student has returned to school.
All employees involved are facing termination when the school board meets on Monday, May 8.
Seymour and Kanipe have initial court hearings on May 5. Taylor's initial court hearing is set for May 19.