Lawsuit accuses CPS of ignoring report of sexual assault by school security guard

CHICAGO - A former Chicago Public Schools student is suing the Chicago Board of Education, alleging she was repeatedly sexually abused by a security guard while attending Farragut Career Academy.

The lawsuit also claims administrators were made aware of the alleged misconduct but failed to notify authorities, allowing the abuse to continue for years.

What we know:

The lawsuit alleges a district-employed security guard at Farragut Career Academy groomed and sexually abused a student, identified as Jane Doe, between 2012 and 2015.

According to the civil complaint, Doe was introduced to the guard — identified in court documents as Jacinda Aguilera — after expressing interest in the school's JROTC program. Doe's lawyers say Aguilera had military experience and was recommended as a resource for students in the program.

Cour documents state Aguilera presented herself as a mentor and soon began communicating with Doe privately on Instagram. The lawsuit says the guard later bought the student a cellphone to engage in unsupervised contact.

"She then escalated to giving Jane Doe rides home from school and softball games until eventually it culminated in repeated, years-long sexual abuse that extended all the way through the end of her high school career," said Bryce Hensley, founding partner of Gould Grieco & Hensley.

The complaint describes sexually explicit messages that escalated into physical abuse when Doe was a junior in 2015. The alleged abuse included kissing, groping, oral sex and sexual assault that occurred in the guard’s car and apartment.

The lawsuit also alleges the guard threatened to report Doe’s family to U.S. Immigration and Customs Enforcement to prevent her from speaking out.

"Let that sink in. A CPS employee threatening to call ICE on a students' family if she came forward with the truth," Hensley said.

Attorneys claim the guard’s ex-wife discovered inappropriate messages and reported them to school administrators, prompting an internal investigation. Despite that warning, the lawsuit alleges CPS did not notify child protection authorities or law enforcement as required under the Illinois Abused and Neglected Child Reporting Act. 

The Illinois Department of Children and Family Services confirmed to FOX Chicago that it does not have any records of this case.

FOX Chicago also reached out to the Chicago Police Department to find out whether they were ever made aware but did not immediately receive a response.

"CPS had a clear warning and a clear legal obligation, and failed both," attorney Nicholas Wainwright said in a statement. "That failure didn’t just break the law; it allowed the abuse to continue."

"The Chicago Public Schools knowingly kept a predator on its payroll," Hensley added.

The complaint further alleges the guard’s mother held a senior administrative role at the school with access to student records, raising concerns about conflicts of interest and discouraging the student from reporting the abuse.

"This case exposes how institutional silence protects abusers," said attorney Jennifer Cascio. "When insiders have access and the district still fails to act, it tells survivors that reporting is unsafe. That silence doesn’t protect students. It empowers abusers."

Dig deeper:

Doe's attorneys say she is coming forward now to empower others to speak up and to help protect students from future harm.

"Although she is still dealing with the catastrophic toll it's taken on her mentally, emotionally, and truly every facet of her life, it's important to her that this is recognized, that her story is heard, and that she can play a role in making a difference in the Chicago Public Schools," Cascio shared.

The lawsuit follows a recent $17.5 million settlement involving separate allegations of repeated sexual assault by a former CPS dean.

"This is just one more instance of a decades-long trend that we have seen within the Chicago Public Schools," Hensley said. "The district is warned about sexual abuse, mandatory reporters fail to act, and no meaningful reforms follow. It’s a predictable and devastating trend for students and raises questions as to whether the School District has any concern for its students whatsoever."

What they're saying:

FOX Chicago's Kasey Chronis spoke with Aguilera by phone. The former CPS employee, who now lives out of state, said she was unaware of the lawsuit.

Chicago Public Schools is unable to comment on pending litigation, but a spokesperson issued the following statement.

"Chicago Public Schools (CPS), prioritizes and takes seriously its responsibility to ensure the safety, security, and well-being of all students. All schools across the District are committed to building a physically and emotionally safe teaching and learning environment for students, staff, and families."

Over the last decade, CPS says it has improved how the district investigates reports of sexual misconduct.

Cases are now referred to CPS' Office of Student Protections and Title IX (OSP) or the Office of the Inspector General.

What's next:

The lawsuit seeks compensatory damages against the Board of Education, including claims of willful and wanton conduct.

Doe's attorneys say criminal charges are still possible, and they are willing to cooperate with Chicago police if an investigation is opened.

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