Investigation into complaints against School Committee member concludes no policy violation; separate calls continue for outside probe into alleged past cover‑u

An outside law firm reported to the Fall River School Committee on May 12 that evidence collected in two complaints did not support findings that Committee member Kevin Aguilar violated the district’s anti‑harassment or anti‑bullying policies.

Robert Hillman of Valerio, D’Aminello & Hillman, who conducted the investigation, told the committee his work included interviews with the complainants, interviews of witnesses, and a meeting with Aguilar. Hillman concluded the district’s anti‑bullying policy applies only to students and the anti‑harassment policy applies to harassment tied to a protected characteristic; he said the statements at issue were not shown to be directed at a protected characteristic and therefore did not rise to a policy violation.

Hillman recommended that the committee issue notices of outcome to the complainants and to Aguilar documenting the result. The committee voted to adopt the investigator’s conclusion and to direct counsel to issue the notices. The vote carried after public debate and multiple procedural motions.

The meeting also included multiple public comments and extended committee discussion about other, broader allegations that had been raised publicly about Durfee High School and whether an independent investigation should be launched. During citizen input, Kevin Aguilar (the committee member who had placed the item on the record) and other speakers said a former school resource officer had alleged that former Durfee administrators had “covered up” inappropriate conduct; an attendee said he had asked police and Department of Children and Families officials to investigate. Several committee members and legal counsel stressed that any allegation of criminal conduct must be reported to law enforcement, and that the committee itself lacks subpoena power and cannot conduct criminal investigations.

Legal counsel advised the committee that discussing allegations about individuals not on the posted agenda could violate the Open Meeting Law and could expose the district to legal risk, particularly where complainants engaged in protected activity. Attorney Hillman and the committee’s counsel warned members to avoid discussing complaints about other individuals who had not been properly noticed for executive session protections. Committee members responded with differing views: some said the matter should be moved to an outside investigation to ensure transparency; others said the investigator’s report concluded there was no policy violation by Aguilar and the committee should act on that outcome.

The committee’s formal action was limited to adopting the investigator’s conclusion on the complaints directed at Aguilar and directing counsel to issue outcome notices. Separately, a number of members requested follow‑up steps — including potential outside investigations or state advisory opinions — so the district could clarify procedures for handling similar allegations in the future.

No new discipline or other personnel action was taken against Aguilar at this meeting.