The Abington Heights School District agreed to a $950,000 settlement of a federal lawsuit filed by a former teacher who was fired despite being acquitted of charges he assaulted a student.
William Yelland, 35, of Dalton, will receive $640,000, with the remainder going to legal fees to his attorneys. He also agreed to resign. In exchange, the district will withdraw its recommendation he be terminated and withdraw a misconduct report it filed against him with the state Department of Education.
The settlement ends Yelland’s battle with the district over the decision to fire him following an April 8, 2015, incident involving then-13-year-old Trey Koehler.
“It’s been a difficult three
years,” said Jason Gosselin of Philadelphia, one of Yelland’s attorneys. “This settlement gives him some resources to start fresh and move on with his life.”
Yelland was charged in May 2015 with simple assault and endangering the welfare of a child after district officials reported he placed Koehler in a choke hold, injuring his neck. A Lackawanna County jury deliberated just 10 minutes before finding him not guilty of both charges in November 2015.
The lawsuit, filed in October 2016, alleged district officials were pressured into seeking charges by Koehler’s mother, Margaret Koehler, a board member of the Children’s Advocacy Center. It also alleged they withheld key information from authorities, including statements of numerous students who supported Yelland’s claim the incident was innocent horseplay.
The civil case was set to go to trial next week,but a settlement was reached Aug 22. The school board voted unanimously Wednesday to approve the agreement.
The settlement resolves all claims against the district and individual defendants, Superintendent Michael Mahon, Ph.D, middle school Principal Michael Elia and Vice Principal Eduardo Antonetti.
William McPartland of Moosic, attorney for the district, said there is no admission of wrongdoing. The entire settlement will be paid by the district’s insurance carrier.
“We had an insurance company willing to pay. After discussing it with the defendants and their personal attorneys, we decided this was the best course of action,” he said.
Yelland had sought reinstatement to his teaching position. The school board held two hearings in June and July to determine if his firing should stand or to issue a lesser punishment. The settlement ends that process.
Gosselin said Yelland now works for a trucking company. He hopes to someday teach again, but decided he could not return to Abington Heights given Mahon’s conduct during the litigation.
“The superintendent continued to press his claims that Bill engaged in assaulting a student. That absolutely was not true,” Gosselin said. “He never reconsidered once the evidence showed he was wrong.”
Told of Gosselin’s comments, Mahon said he stands by the position he took.
“Mr. Yelland is resigning without any party admitting fault,” Mahon said. “That is what the settlement is all about.”
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