Posted at: 03/01/2013 3:43 PM
Updated at: 03/01/2013 10:30 PM
By: Brittany Lewis
(ABC 6 News) -- Jade Werth says she's outraged the man seen on camera being so rough with her son won't be charged.
The Olmsted County Attorneys Office said Friday it reviewed the case, but didn't find probable cause to charge a former paraprofessional at Century High School with malicious punishment.
ABC 6 is not identifying him, because at this point, he faces no criminal charges.
He was accused of malicious punishment after video appears to show him pushing an autistic child into a window.
The Rochester School District first began investigating the incident after some other students came forward.
School leaders took action, changing the employees job description. He's no longer a para professional, but works with the district in a role not having direct contact with kids.
Werth says prosecutors used her son's autism and how its handled as an excuse.
"Mr. Mark Ostrem used that as a weapon, as a shield to cover this up saying, well Austin does require physical dependence and hand on hand instruction," says Werth, "are you kidding me, I'm insulted, I'm disgusted, as a parent, how dare they."
Although not to the level of a crime, the county attorney does acknowledge the actions of the former para were inappropriate.
Werth says she won't stop here. She's planning on moving forward with a civil case. She also tells us she is planning to rally at the school board meeting next Tuesday.