A former substitute teacher who worked in multiple Chicago-area Catholic schools is now facing criminal charges and a civil sexual abuse lawsuit, raising serious questions about screening and oversight within the Archdiocese of Chicago.
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Brett J. Smith, 43, was fired after church officials learned of his prior history involving child sexual abuse allegations and convictions in other states. He is now charged in Cook County with aggravated criminal sexual abuse related to allegations involving a minor, and a separate civil lawsuit has been filed in Cook County Circuit Court. The lawsuit names Smith, the Archdiocese of Chicago, and school leadership at Queen of Martyrs Catholic School in Evergreen Park as defendants.
The allegations stem from conduct that allegedly occurred while Smith was working as a substitute teacher and private tutor. Investigations remain ongoing.
Ankin Law Is Investigating Catholic School Sexual Abuse Cases in Chicago
When children are placed in the care of schools and religious institutions, safety is not optional. It is a legal duty.
Ankin Law is actively investigating allegations involving clergy, substitute teachers, private tutors, and institutional oversight failures within Chicago-area Catholic schools. If your child was harmed, call 312-600-0000 for a confidential, free consultation.
You will not be pressured to file a lawsuit. You will get clear answers about your legal rights and whether the institution responsible may be held accountable.
What We Know About the Criminal Sexual Abuse Charges
According to prosecutors, Smith is charged with aggravated criminal sexual abuse involving a minor in Cook County. Separate allegations also involve conduct during private tutoring sessions in the south suburbs. A judge ordered him detained pending further proceedings.
The criminal case focuses on Smith’s alleged actions. Prosecutors must prove guilt beyond a reasonable doubt. Those proceedings will determine whether he faces conviction and sentencing.
But criminal cases only address part of the picture.
The Civil Lawsuit Against the Teacher and Archdiocese
The civil lawsuit filed in Cook County alleges that Smith groomed and inappropriately touched a child while working at Queen of Martyrs Catholic School. The complaint names:
- Brett J. Smith
- The Archdiocese of Chicago
- School administrators
Civil lawsuits operate under a different legal standard than criminal cases. Instead of proving guilt beyond a reasonable doubt, plaintiffs must show by a preponderance of the evidence that misconduct occurred, and that responsible parties failed in their duty of care.
In cases involving schools or religious institutions, that duty may include:
- Proper background screening
- Adequate supervision of staff
- Prompt investigation of complaints
- Compliance with mandatory reporting laws
- Policies that prioritize child safety
When an institution is named in a lawsuit, the question is not only whether abuse occurred, but whether it could have been prevented.
How Did a Teacher With Prior Allegations Pass Screening?
One of the most troubling aspects of this case is the issue of background checks.
Public reporting indicates that Brett Smith had a prior criminal history in other states, including at least one conviction involving sexual misconduct with a minor. He also had prior allegations involving inappropriate conduct over the years.
The Archdiocese of Chicago has stated that Smith passed state background and fingerprint checks before being hired as a substitute teacher.
That disconnect raises difficult but necessary questions:
- Were out-of-state convictions properly captured in screening systems?
- Were background checks limited to Illinois records?
- Were prior allegations disclosed or discoverable?
- Were internal hiring safeguards sufficient?
These are precisely the types of issues civil litigation is designed to examine.
Institutional Responsibility in Sexual Abuse Cases
Sexual abuse cases involving schools and churches are not limited to the conduct of one individual. When institutions are entrusted with children, they assume legal obligations that extend beyond classroom instruction.
Illinois law recognizes claims such as:
- Negligent hiring
- Negligent retention
- Negligent supervision
- Failure to warn
- Failure to protect
If administrators knew or should have known about a risk and failed to act, liability may extend beyond the individual offender.
Accountability does not stop with the person accused. It includes examining systems, policies, and leadership decisions.
Why These Cases Matter in Chicago
Chicago has confronted clergy and school-related sexual abuse cases before. Each time, the community expects stronger safeguards. Each time, parents assume lessons were learned.
When new allegations surface, especially involving someone with a documented past, the public rightfully demands transparency.
Parents deserve to know:
- How screening is conducted
- What safeguards are in place
- How complaints are handled
- Whether policies have changed
The safety of children cannot be an afterthought.
Legal Options for Families
If your child was harmed in a school setting, you may have legal options under Illinois law. Those options can include:
- Filing a civil lawsuit against the individual offender
- Pursuing claims against institutions that failed to protect
- Seeking compensation for emotional trauma, therapy costs, and related damages
Illinois has expanded the rights of survivors of childhood sexual abuse, allowing many victims to bring civil claims even years after the abuse occurred.
What Families Should Do Now
If you are concerned that your child may have been affected:
- Document what your child shares with you.
- Preserve any communication from the school or institution.
- Avoid direct discussions with administrators or insurers without counsel.
- Report suspected abuse to law enforcement or DCFS.
- Seek trauma-informed counseling support.
Early documentation can make a significant difference later.
Can a school or Archdiocese be held responsible for a teacher’s abuse?
Yes, under certain circumstances. If an institution failed to properly screen, supervise, or respond to warning signs, it may face civil liability for negligent hiring, supervision, or retention.
What is the difference between criminal charges and a civil lawsuit?
Criminal charges are brought by the state and focus on punishing the accused. A civil lawsuit is filed by the victim or family and seeks accountability and financial compensation from responsible parties, including institutions.
What if the teacher passed a background check?
A passed background check does not automatically shield an institution from liability. Courts may examine whether screening procedures were adequate and whether administrators knew or should have known about risks.
How long do families have to file a lawsuit in Illinois?
Illinois law has expanded the time limits for survivors of childhood sexual abuse. In many cases, claims may still be filed years later. Specific deadlines depend on individual circumstances.
Do I have to file a police report before contacting a lawyer?
No. You can speak with an attorney to understand your legal options without filing a police report. Many families explore their rights before deciding how to proceed.
When Institutions Fail, Someone Must Stand Up
Children deserve protection. Parents deserve honesty. Institutions entrusted with young lives must meet the highest standard of care.
If you believe your child was harmed or that a school failed to act on warning signs, call Ankin Law at 312-600-0000 for a confidential, free consultation.
We do not make empty promises. We investigate. Our sex abuse lawyers demand answers. And when accountability is warranted, we pursue it.
