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Brett Christy-Hamilton, a paraeducator for Portland Public Schools, has been on paid administrative leave since November 2015 after allegations arose that he molested a 7-year-old student. (Multnomah County Sheriff's Office)

Portland Public Schools could face a lawsuit over allegations that a teacher's aide sexually abused a 7-year-old girl with special needs last fall, The Oregonian/OregonLive has learned.

Brett Christy-Hamilton, 31, is accused of touching the girl in a school bathroom on two consecutive days last November. He faces two counts of first-degree sexual abuse. The charges could result in a mandatory prison sentence of 121/2 years.

He has pleaded not guilty. Christy-Hamilton's criminal defense attorney declined to comment for this article, citing the ongoing criminal case.

The girl's mother filed a tort claim notice, received by the district Sept. 6, that warns Portland Public Schools and Christy-Hamilton may be sued over allegations including assault, battery, false imprisonment, negligence and abuse of a vulnerable person.

The mother's attorney, Peter Janci, said the family will decide whether to sue once the criminal case finishes.

"We don't want to comment on specific details because we don't want to jeopardize anything in the criminal case," Janci said. "When the criminal case is complete we intend to do a full investigation to determine whether Portland Public Schools followed the proper safety protocols."

Christy-Hamilton told a detective he was responsible for "toileting" the girl, who has cerebral palsy and a seizure disorder, according to a memo filed by the prosecution in Christy-Hamilton's criminal case. Her disability causes her to have trouble with mobility and communication.

Because of her disability, the girl was assigned a one-on-one aide. Christy-Hamilton began working with her in kindergarten and followed her when she transferred schools in first grade, the memo says. Not long after first grade started last fall, the girl told her parents Christy-Hamilton inappropriately touched her after she had finished wiping herself while using the toilet.

The district doesn't restrict opposite-gender employees from helping students with disabilities use the bathroom, said Courtney Westling, a district spokeswoman told The Oregonian/OregonLive in August.

That means, a male employee wouldn't be prohibited from helping a female student use the toilet. Westling said that can change in cases when children have experienced trauma or have a preference about the gender of the employee assisting them.

Westling said children are assisted by "trained, supervised staff, who have undergone thorough criminal background checks as required by district Human Resources procedures."

Christy-Hamilton was hired as a teacher's aide, or paraeducator, in the 2009-10 academic year, Westling said. He worked at Marysville School during the 2014-15 academic year. The district said he worked at Whitman Elementary from the beginning of the 2015-16 school year until Nov. 5, 2015, when he was placed on paid leave.

He also held temporary student worker assignments from 2005 to 2007.

The district didn't respond to questions Wednesday on whether Christy-Hamilton was still a Portland Public Schools employee.

Paraeducators work alongside teachers to provide instructional support, and many work with special needs students, according to the National Education Association.



-- Bethany Barnes