Arthur Phillips

Federal Judge Rules that the 2017 Sexual Assault Lawsuit against TE School District and Conestoga HS Principal Amy Meisinger Can Move Forward to a Jury Trial

Do you recall the 2017 federal lawsuit filed against T/E School District and Dr. Amy Meisinger, principal of Conestoga High School?

The federal lawsuit was filed by parents on behalf of their daughter, a 15-year old female student. The lawsuit alleged that administrators and teachers at the high school created and tolerated a culture that emboldened Art Phillips, a 67-year old instructional aide, to repeatedly sexually abuse their daughter. In the lawsuit, fourteen District administrators, teachers and aides were named, citing that they were aware of the inappropriate relationship with the student and alleges that they did nothing. (Click here to read lawsuit).

Phillips caught the attention of police when he crashed his car in what was said to be a suicide attempt. He left a note in the vehicle that read, “I was just a guy trying to help a kid and the boundaries just got gray.”

Former Chester County District Attorney Tom Hogan criminally charged Phillips with 100 counts including statutory sexual assault, involuntary deviate sexual intercourse and endangering the welfare of a child, among other related charges. According to the police investigation, the alleged victim was sexually assaulted by Phillips on more than 10 occasions from January until April of 2017. The incidents occurred in various areas in Tredyffrin Township, including in Phillips’ office at Conestoga High School.

In that same year, Phillips was found guilty of the charges and sentenced to 10-20 years for his criminal action. As a footnote, Phillips committed suicide in his Graterford prison cell a few months into serving his sentence. In 2019, Phillips widow, Phyllis Phillips sued the correctional institution, Corizon Health Inc., MHM Correctional Services Inc. and various doctors claiming that her late husband did not receive proper treatment in prison, which caused him to hang himself. No further update on Mrs. Phillips case.

The girl’s parents filed a federal lawsuit against the District saying that the Conestoga High School principal and officials in the school district were aware of “a parade of improper conduct” by a male aide and created an environment that allowed the assaults to occur. They were seeking at least $75,000 in damages from the District.

At the time of the lawsuit filing, Ken Roos, the District’s solicitor claimed that the accusations were false.  He stated, “We have yet to see any evidence anybody knew of a sexual relationship between the student and this former aide, nor have we been advised of any by the police.”  In response to the lawsuit, the District filed a 28-page “motion to dismiss” on August 14, 2017.

Fast forward three  plus years and we have learned that the 2017 federal lawsuit against Tredyffrin Easttown School District and Amy Meisinger was not dismissed (as previously requested by the District).

A Memorandum by U.S. District Court Judge for the Eastern District of Pennsylvania Jan DuBois (filed on October 23, 2020) allows that the lawsuit against the T/E School District can proceed. We also learned from the Memorandum that the plaintiff names (listed as A.B. and C.B.) in the lawsuit has changed. The parents (A.B. and C.B.) originally filed the lawsuit in 2017 on behalf of their daughter, who was 15 years old and a minor at the time. Now 18 years old, the former TESD student is the named plaintiff (D.B.) in the lawsuit against the school district. (Click here to read Memorandum.)

In his ruling, Judge DuBois denied the District’s request for summary judgment on three out of four counts in the lawsuit, including Title IX claims.

The plaintiff, D.B. alleges that the District was liable for the sexual assaults by Art Phillips and cites inadequate training by staff.  D.B. claims that the school should have been on notice because of previous instances of misconduct committed by former staff and several specific examples are cited in the lawsuit.

Although the plaintiff argues the District staff was not properly trained in spotting staff misconduct, the attorney for the school district argued that its policies were adequate. However, according to the lawsuit, “Prior to February 27, 2017, TESD did not have a written policy that specifically addressed “precursor misconduct.”  The District policy “was adopted on February 27, 2017, while Phillips’s misconduct with D.B. was ongoing.”

In his opinion, Judge Dubois states, “A reasonable jury could find that, in light of the previous incidents of sexual harassment at CHS that occurred under the same policies, the preexisting policies and training were inadequate such that other incidents were like to occur.”

The federal lawsuit against the Tredyffrin Easttown School District now heads to a jury trial.

In the words of John Lewis, “When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something.”  According to the lawsuit, at least 14 District administrators, teachers and staff knew something was going on between Art Phillips and the 15-year old student — I just do not understand why someone didn’t say something.

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Justice: Former TE School District Aide Receives 10-20 Years for Sexual Abuse of 15-Year Old Conestoga High School Student – Where Do We Go From Here?

It seems that in the aftermath of the scandal surrounding movie producer Harvey Weinstein, allegations of sexual harassment and assault against powerful men are flying left and right.

Actors, politicians, lawmakers, newscasters – each day brings new complaints alleging “inappropriate sexual behavior in the workplace”. From Hollywood to the White House, prominent men are accused of using their status to take advantage of women in unconscionable ways.

The men accused of sexual misconduct with adult women are very, very wrong. Alabama senate candidate Roy Moore is accused of inappropriate sexual conduct with children. This is not the same thing. They are not comparable. When an adult in power – whether a teacher, clergy member, coach, or in the local TE School District case an instructional aide —initiates sexual contact with a minor child, the incident is child sexual abuse, period.

Sixty-seven year old Arthur Phillips, a former instructional aide in Conestoga High School’s television production studio, sexually abused his 15 year old female victim for months. According to the police investigation, the alleged victim said that Phillips sexually assaulted her from January until April of this year on more than 10 occasions in various areas in Tredyffrin, despite saying no. Investigators alleged that Phillips made the student have sex with him. Police said that Phillips would grope, touch and kiss the student in his office at the high school. The investigation revealed that Phillips and the victim talked about “sexual issues” via text messages and at least once, he sent her a picture of his genitals.

In April, Chester County District Attorney Tom Hogan criminally charged Phillips with 100 counts including statutory sexual assault, involuntary deviate sexual intercourse and endangering the welfare of a child, among other related charges.

In June, a Federal lawsuit was filed against the TE School District by the parents of the victim, seeking at least $75K in damages and calling for the resignation of Conestoga’s Principal Dr. Amy Meisinger. The lawsuit claims that the District was aware of the improper conduct of Phillips and “created an environment that allowed the assaults to occur”.

According to the lawsuit, a Visual and Performing Arts teacher at the high school was aware of the ‘relationship’ between Phillips and his 15-year student and that with her husband, “double-dated” for dinner to celebrate the victim’s birthday.  The lawsuit contains the names of 14 District administrators, teachers and aides who were aware of Phillips’ inappropriate relationship but took a “blind eye” and failed to take steps to investigate or halt the conduct. The Performing Arts teacher lost her job in the District last month.

We learned from Caroline O’Halloran’s Savvy Mainline that the District has responded to the lawsuit against it and Principal Meisinger on August 14 with a 28-page “motion to dismiss”.  The court has yet to rule.

Last week Phillips had his day of reckoning before Chester County Court of Common Pleas Judge Patrick Carmody.  As a former Chester County Assistant DA, Carmody has handled thousands of cases from white crime to homicide and we now know he has no tolerance for child sex offenders. We learned from the Daily Times, that Phillips pleaded guilty to charges of involuntary deviate sexual intercourse, aggravated indecent assault, institutional sexual assault, and corruption of minors and in a plea agreement was given a sentence of 10-20 years in state prison.  Phillips will also be required to register as a sex offender for the rest of his life.

According to the Daily Times article, Judge Carmody was particularly incensed that Phillips apologized to his wife, his daughter, his son-in-law, and to his friends but not to his victim.

The judge told Phillips, dressed in a plaid shirt and a black jacket and speaking in a nervous whisper,  that the only reason that he was accepting the proposed plea agreement and sentence offered by the prosecution and defense was that its specifics amounted to a near life term for the 67-year-old. If not for Phillips’ age, he would reject the agreement as too lenient, he said.

“You may never leave jail, you understand that?” Carmody asked. “You’re going to be sitting in jail for at least the next 10 years.”

As the accusations of sexual harassment and assault fill the national news daily, there is much talk of “fixing the problem”.  What about the outstanding federal lawsuit against the TE School District and Principal Meisinger.  Having read the lawsuit filed by the parents of the Conestoga student, it certainly appears to provide substantial evidence. I do not claim to be an attorney but it seems to me that the Phillips guilty verdict will only strengthen the case against the school district and the principal.

So the question is, where do we go from here? Although it remains to be seen how Phillips’ guilty verdict will impact the federal lawsuit,  shouldn’t the larger issue be, has the school district “fixed the problem”? Are there policies now in place to prevent this sort of thing from ever happening again? Are our children safe?

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Conestoga High School Student Sexual Assault Case: Federal Lawsuit Filed — Lawsuit in Separate Case Pending

This is a follow-up post to my last post “TE School District served with another lawsuit” dated June 8. After posting the previous article, I was emailed a copy of the federal lawsuit and  press release from Ross Feller Casey, the Philadelphia law firm who filed the lawsuit on behalf of the parents of the 15-year-old victim in the case.

In the Ross Feller Casey press release, it states that the law firm, “filed a federal lawsuit against the Tredyffrin/Easttown School District and the principal of Conestoga High School alleging administrators and teachers at the High School created and tolerated a culture that emboldened Arthur Phillips, a 67-year old instructional aide, to repeatedly sexually abuse a female student.”

Among other things, the federal lawsuit alleges that “Phillips, an instructional aide in the television production studio at Conestoga since 2006, engaged in a classic yet disturbing pattern of sexual grooming and assault against a student starting when she was only 15 years old.”

Chester County District Attorney Tom Hogan has criminally charged Arthur Phillips with over 100 counts, including 10 felony charges of statutory sexual assault and 10 felony charges of involuntary deviate sexual intercourse. According to the lawsuit, the sexual assaults were daily between January and mid-April of this year and allegedly “took place in various locations at Conestoga High School, including the school’s TV studio, Phillips’ office, Conestoga’s parking lot and in Phillips’ automobile”.

According to Pennsylvania state law, “Statutory sexual assault becomes a first-degree felony offense in cases when the accused is 11 years, or older, than the minor. If convicted of this charge, a person could face a prison sentence of up to 20 years. Additionally, he or she may be fined up to $25,000.” The minor in this case is a 15-year old female and the accused is a 67-year old male, 52 years her senior.  And remember, the ten counts of statutory sexual assault is only one of the criminal charges against Phillips – if convicted, this man is going to prison for a very, very long time.

The lawsuit is against TE School District and Conestoga Principal Dr. Amy Meisinger, but numerous other CHS teachers and administrators are identified in the 36-page lawsuit.  The lawsuit is a public document but because 14 different CHS teachers or administrators (in addition to Meisinger) are identified by name, I will not upload it to Community Matters. To be clear, the only T/E School District administrator being sued in this lawsuit is Meisinger.

I have read the lawsuit several times. It contains many graphic and sexually explicit details that do not need to be repeated here. As the mother of a daughter, I cannot imagine the horror of this situation for the girl and her family.

What is remarkable is the level of detail contained in the lawsuit of places that Phillips took the student during school hours and after school including Berwyn Pizza, Handel’s Ice Cream and restaurants such as Estia (Radnor), Christopher’s in Wayne and City Works Eatery and Pour House (King of Prussia). Phillips and the student went to multiple Wawa convenience stores in the area including Malvern, Paoli, King of Prussia, Audubon and Norristown. Additionally, Phillips took her on shopping trips to the King of Prussia Mall and ice skating in Dilworth Park outside of City Hall in Philadelphia, and to the IFly Indoor Skydiving Center and to Valley Forge Casino.  Phillips gave the student numerous items, including gift cards.

My guess is there would be security cameras, date and time stamped credit card processing receipts, etc. from most of these locations. According to the lawsuit, “many of Phillips contacts with Plaintiff are documented on Conestoga’s video monitoring system, including those cameras used to observe school entrances and exits and around the bus drop-off/pickup location.”  The lawsuit claims that the school district “failed to review the camera footage and failed to intervene in the outwardly inappropriate and illegal behavior of Phillips” which therefore constitutes a “systematic violation of school district policies”.

To celebrate her birthday, Phillips and the student ‘double-dated’ with a Conestoga teacher and her husband at Paladar Latin Kitchen and Rum Bar in King of Prussia. According to the lawsuit, “numerous district officials and teachers were aware of Phillips’ inappropriate relationship with the girl but failed to take steps to investigate or halt the conduct”.  Further, the lawsuit alleges that Phillips’ office was decorated with homemade signs that included the girl’s initials, her first name and the word “love”.

The lawsuit alleges that Phillips continually wrote ‘hall passes’ for the student to miss class when school district policy only permits a teacher (not an aide) to write these passes.  It is alleged that “none of the teachers who received these ‘hall passes’ filled out by Phillips took any action to investigate, manage, question or stop said absences or tardiness”.  Between January and mid-April of this year, the student missed over 20 English classes yet the teacher (allegedly) never discussed the absences with the parents.

Ross Feller Casey is also representing the parent of the 17-year old male CHS student who was sexually abused by another Conestoga staff member, 26-year-old teacher’s aide Christine Towers. Towers was convicted earlier this year and is currently serving time for the crime. The law firm is investigating a separate federal lawsuit against TE School District in that case. In both the Towers case and the Phillips case, the parents of the two abused students are calling for the resignation of the Conestoga principal.

In the Ross Feller Casey press release, attorney Matt Casey stated, “The heartbroken parents I represent, and their children, are demanding accountability on the part of the Tredyffrin/Easttown School District, something that has yet to be achieved despite repeated, shocking instances of sexual abuse at Conestoga High School. The already-known facts lay bare a school district custom of deliberately turning a blind eye to criminal acts in its midst.”  To support this claim, the lawsuit includes the middle school sexting scandal, the football hazing incident and the teacher’s aide who sexually abused the male student case prior to this latest criminal investigation – all occurring in the last couple of years.

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The school board meeting is tomorrow, Monday, June 12, 7:30 PM at Conestoga High School and includes the adoption of the 2017-18 final budget. The meeting agenda continues to list the teachers’ contract (TEEA), the non-instructional contract (TENIG) and Act 93 Agreement (administrators) as ‘TBD’ in the proposed final budget. The contracts constitute 70% of the District budget yet the budget includes no contingencies.  However, it is noted that on page 293 of the agenda, we see that the school board will take a vote on giving administrators a 1.7% increase to their 2016-17 base salary plus a one-time bonus of 1% to be paid in June 2018.

Since the last regular meeting of the school board, there have been two lawsuits filed against the District … the agenda makes no mention of either.

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It’s happened again – Student sexually assaulted by Aide at Conestoga High School

Is it me or does there seem to be an upswing in teachers/aides crossing the line with their students?

In the Philadelphia Inquirer last month we read, “Ex-Aide of Conestoga High School gets jail time for sex with student”. The public learned that Christine Towers, age 26, a former teacher’s aide and coach at Conestoga High School was sentenced to 11 to 23 months in jail for having a sexual relationship with a 16-yr. old T/E student who she tutored. Towers had a month-long affair with the learning disabled student in 2016.

A paraeducator and middle school and high school coach, Towers was an employee of T/E School District from August 2014 until April 2016, when she was arrested.

Our community was greeted a few days ago with the headline, “Conestoga High School staffer sexually assaulted student”. This time around it is a male aide at the high school who is arrested for having sex with one of his students.

Arthur Phillips, age 67, a male instructional aide in the television production studio of Conestoga High School was charged with having sex with a female student from January to April of this year.  According to the victim, they had sex on more than 10 occasions and that Phillips would also grope and sexually assault her. Hundreds of text messages of sexual nature were found on both of their cell phones, including a picture that Phillips texted the victim of his genitals.

The victim alleges that the incidents happened in Phillips’ office at Conestoga High School and in his car. Another disturbing element in this case, is that Phillips has been with T/E School District since 2006 – eleven years! Knowing that many students pass through the television production studio of the high school, it has to make you wonder was this young girl Phillips’ only victim?

Remember these latest scandals are on the heels of the Valley Forge Middle School sexting scandal where four male T/E students sent sexually explicit videos and images of a fellow female student. And then there was the story that made the national news of the Conestoga High School football players accused of hazing a younger player by sodomizing him with a broomstick.

As is the District’s policy, Superintendent Dr. Richard Gusick and Conestoga High School Principal Dr. Amy Meisinger sent the obligatory letter of notification to T/E families after the recent arrest of Arthur Phillips. Sadly, the regularity of these incidents has created an almost ‘boilerplate’ explanation from the school administration … just another educator having sex with a student.

Where is the outrage?  Where is the demand for accountability?  Monday night, April 24 is the regular meeting of the T/E School District, 7:30 PM at Conestoga High School – can we expect answers?

School Board, please don’t sweep this latest sexual assault under the carpet and turn a blind eye. Top-ranked Tredyffrin Easttown School District must be more than just high SAT scores and a good football team.

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