Final defendant to plead guilty in Brownsburg vomit case

HENDRICKS COUNTY, Ind. - The final defendant in a case involving a special needs student who was told to eat his own vomit will appear in court for sentencing on Tuesday.




Debra Kanipe has a change of plea and sentencing hearing scheduled for 1 p.m., according to an attorney representing the child's family.

Kanipe was an aide at Brown Elementary School. She was in the lunchroom on Feb. 16, 2023, when a former Life Skills teacher, Sara Seymour, warned the then-7-year-old student that if he vomited, he would have to eat whatever he threw up.

When the boy vomited, Kanipe provided him with a spoon. She, Seymour and other staffers watched as he ate a portion of it and then used paper towels to clean up what was left.




Three other staff members were involved in the incident or witnessed it, according to an investigation by the Brownsburg Police Department. No one reported it to school administrators.








The district didn't find out about it until April 12, 2023, leading to the police investigation. The Hendricks County Prosecutor's Office filed criminal charges against five people, including Kanipe and Seymour.




Both were fired, as was a third employee. A fourth resigned and a fifth person could not be disciplined by the district because she was a contractor.








Kanipe is charged with a felony count of neglect of a dependent and a misdemeanor count of failure to make a report.




In a victim impact statement obtained by FOX59/CBS4, the victim's mother said her son's "dignity was stripped from him." She asked the court to hold Kanipe accountable for her actions.




Here's a portion of the statement:

Ms. Kanipe did not act in ignorance. She was not new or untrained. With nearly 30 years of experience working with children with disabilities, she understood better than most the vulnerability and innocence of the children in her care. And yet, on that day, she not only failed to stop a monstrous act, she participated in it.




It is not enough to say she was "just an aide" or "following instructions." We are all responsible for the choices we make in moments of moral consequence. And when the order is to harm a child, when the instruction is to degrade and demean someone defenseless, it is not only a right but a duty to say no. Ms. Kanipe had that choice.




I do understand that in that moment she might have been confused, scared, or felt intimidated by the teacher. What I don't understand is her silence. She could have used her voice. She could have reported what happened. But she remained silent, both in the moment and in the weeks that followed. For 56 days, the truth of what was done to my son was buried in silence while those responsible walked the halls of a school as if nothing had happened.




The result of her choices is not theoretical. My son, who cannot fully express himself, began crying without explanation. He became afraid of food. His trust in adults regressed. He was terrified, and he couldn't tell me why. But I saw it. I saw the trauma settle into his little body. I saw how the light in him dimmed. And later, I learned why, because while he was crying out, the adults in the room were laughing.

Victim impact statement

Last month, Seymour pleaded guilty to one count of neglect of a dependent as a misdemeanor charge. She was sentenced to a year of probation.




In the other three cases, the individuals avoided jail time after pleading guilty to failure to make a report.



via: https://fox59.com/indiana-news/final-defendant-to-plead-guilty-in-brownsburg-vomit-case/