Hinsdale Central High School Coach Indicted For Criminal Sexual Assault of a Second Student

DuPage County State’s Attorney Joe Birkett and Hinsdale Police Chief Bradley Bloom announced today that the DuPage County Grand Jury returned a second indictment this afternoon against former Hinsdale Central science teacher and boys varsity basketball coach Robert J. Mueller, 43 (d.o.b. 3/23/61), alleging one (1) count of Criminal Sexual Assault. This new charge involves a different victim than charges previously filed against Mueller last March. Today’s indictment alleges that Mueller engaged in a sexual relationship with the female student during the 1999 through 2001 school years. Mueller, of 1271 Harley Ford Road in Woodridge, had been charged in March 2004 with two (2) counts of Criminal Sexual Assault in connection with an improper relationship with a student under the age of 18 during which he engaged in sexual acts with the victim.

In June of 2000 an anonymous caller reported information about sexual conduct between Mueller and the victim to school officials. The caller was an adult who knew Mueller and the student by name. School officials, including Superintendent Roger Miller and Principal James Ferguson, conducted an investigation without notifying DCFS or law enforcement officials. The school closed their investigation despite the fact that the alleged victim was never interviewed by anyone other than her own parents, a situation in which denial is commonplace. State’s Attorney Birkett strongly disagreed with the decision not to make a report to DCFS despite the beliefs of the school officials that the anonymous report was false. DCFS and law enforcement officials were notified of the 2000 allegations during the 2004 investigation. School officials cooperated fully in 2004 and furnished documents regarding the 2000 case.

The original investigation against Mueller began in late February of 2004 when school officials and the school resource officers received an anonymous letter alleging an improper relationship between Mueller and a female student under age 18. DCFS and the Children’s Advocacy Center, along with the Hinsdale Police Department, conducted the investigation which led to the first set of charges.

As a result of this investigation, School District 86 and Dr. Miller have agreed to enter into an intergovernmental agreement with DCFS, the State’s Attorneys Office and local law enforcement, which will require cooperation, planning, policy reform and system wide education of all school personnel regarding their duties and responsibilities under the Abused and Neglected Child Reporting Act (ANCRA). We have a commitment from the Regional Superintendent of Schools, Dr. Darlene Ruscitti as well as the administrators at the local office of DCFS to help implement this agreement.

According to State’s Attorney Birkett, once school personnel "suspect" sexual abuse of a child, they must report that suspicion immediately to DCFS. They may conduct an investigation, but the reporting requirement may not be delayed while that internal investigation is conducted. As the Second District Appellate Court said in a similar case, "If school personnel were allowed to determine whether reasonable cause existed or whether such abuse actually occurred before reporting the matter to DCFS, the goal of protecting children from sexual abuse would be undermined." Doe v. Dimovski, 783 N.E.2d 193 (2nd Dist. 2003). The case charged today is clearly such an example.

"We are confident that even though the consequences in this case are devastating, this intergovernmental agreement will bring about dramatic change and create an effective partnership to provide protection and justice for children," said State’s Attorney Birkett.

State’s Attorney Birkett and Chief Bradley Bloom as well as school officials are calling upon the anonymous caller from June 2000 to come forward by calling the DuPage County Children’s Center at (630) 407-2750 or the Hinsdale Police Department at (630) 789-7070. Any other person with additional information is urged to call as well.

Mueller’s attorney has been contacted and it is anticipated that Mueller will surrender immediately. Criminal Sexual Assault is a Class 1 non-probationable Felony carrying a 4 to 15 year prison sentence.

Members of the public are reminded that a complaint contains only charges and is not proof of a defendant’s guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the government’s burden to prove his or her guilt beyond a reasonable doubt.

Members of the media are also requested to respect the privacy of the victims in any and all reporting. Even the use of initials would be an inappropriate violation of their privacy.