Appellate Division of the Supreme Court of the State of New York July 5, 2012 (S.C. v. New York City Department of Education)

The plaintiff S.C. attended I.S. 59 in Queens for the sixth, seventh, and eighth grades. Elmer Hammond, a paraprofessional employed at the school, was S.C.’s sixth-grade music teacher. Hammond also worked with at-risk students, such as S.C., and he began regularly eating lunch with S.C. in the chorus room, sometimes paying for S.C’s lunch.

In January 2007, during S.C.