HCS special ed teacher arrested had history of aggression toward students, suit says

A former special education teacher for Horry County Schools arrested last year had a history of aggressive behavior toward students, according to a recently filed lawsuit.

Gabriel Hernandez was arrested on April 14, 2023, and charged with cruelty to children , a misdemeanor, while working at St. James Intermediate School. That case is still pending, and an attorney representing Hernandez did not immediately return a voicemail seeking comment.

Hernandez had dragged a child by his arms across the room and put all of his body weight on the boy’s legs by sitting on him for about 30 seconds before picking the boy up and slamming him into a chair, according to the Horry County Police incident report.

That student’s mother, who previously told The Sun News that the incident left her son afraid to return to school, filed a lawsuit against Hernandez for the assault and HCS for negligent supervision and training.

Horry County Schools declined to comment on the pending litigation, according to spokeswoman Lisa Bourcier.

Before the incident that led to his arrest, Hernandez was accused in 2021, while working at Waccamaw Elementary, of grabbing and squeezing a student’s neck, the lawsuit states.

After being transferred to St. James Intermediate, Hernandez was accused in 2022 of holding a student down by their shoulders, inappropriate conduct not in line with proper training, and stepping on a student’s hand, according to the complaint.

The allegation of Hernandez stepping on a student’s hand during Oct. 2022 led to questioning by HCPD and the teacher being placed on administrative leave. But police deferred to the district’s internal investigation, and Hernandez was allowed allowed to return to work a few weeks later with no discipline , the suit states.

The letter from HCS informing Hernandez he can return to work, obtained by The Sun News through open records request, states:, “Although you are allowed to return to work, it is imperative that you understand that conduct of this nature will not be tolerated and could place your employment in jeopardy.”

Hernandez was later placed on administrative leave again during March 2023 after the alleged assault that led to his arrest. He resigned Apr. 17, 2023, three days after his arrest, for “personal reasons,” his email to district officials states.

Hernandez was the third HCS employee arrested last school year on charges related to alleged abuse of special education students. An Ocean Bay Elementary School teacher pled guilty to charges involving child neglect , while charges were later dropped against Ocean Bay’s principal, who was accused of failing to report that neglect.

The district has also faced more than a dozen other lawsuits filed since 2018 alleging damages suffered by students receiving special education services, The Sun News has previously reported.