Andreozzi + Foote has filed a civil lawsuit in the Court of Common Pleas of Adams County (Case No. 2026-SU_0353) on behalf of two minor girls, alleging that they were sexually abused while receiving therapy services through Gettysburg Montessori Charter School.
The lawsuit names Gettysburg Montessori Charter School, Mitchell Counseling, LLC, and therapist David Mitchell as defendants. According to the complaint, the school hired Mitchell and his counseling practice in 2021 to provide individual counseling, group counseling, and consultation services to students. The lawsuit alleges that he used this role to sexually abuse two six-year-old students during therapy sessions.
According to the complaint, in 2024, Mitchell provided one-on-one and group art therapy to one of the victims at the school. During these closed-door sessions, Mitchell would sexually abuse the victim. As a result of this, the victim's parents removed her from the school.
The lawsuit alleges that in 2024 and 2025, Mitchell provided art therapy services to another child. Her mother discovered his services through an advertisement on the school’s website and enrolled her in the program. During these sessions, he allegedly sexually abused the child.
The complaint alleges that in January 2025, the child’s mother received notice from Gettysburg Montessori stating that Mitchell would begin working with an assistant and that art therapy sessions would be videotaped moving forward. She later learned that three different girls had accused Mitchell of sexual abuse at his home office in 2024.
According to the lawsuit, the school was aware of these accusations but did not immediately remove Mitchell from his role at the school. The complaint further alleges that the child’s mother continued to receive emails from Mitchell until the end of January 2025, indicating that he was still employed by and operating within the school well after the allegations had surfaced. As a result of this abuse, the child was removed from the school.
Mitchell later pled guilty to three counts of indecent assault of a juvenile and one count of institutional sexual contact. On March 9, 2026, Mitchell was sentenced to 22 to 56 months of confinement at SCI Camp Hill and nine years of parole. Additionally, he was classified as a sexually violent predator and ordered to lifetime registration.
Civil Lawsuit Alleges Institutional Liability
The lawsuit asserts claims for negligence, gross negligence, carelessness, and recklessness against Gettysburg Montessori Charter School and Mitchell Counseling, LLC.
According to the complaint, both the school and Mitchell Counseling, LLC, had a duty to protect students from sexual abuse but failed to do so.
The lawsuit alleges failures in how the defendants screened, trained, and supervised individuals working with minors, including ignoring warning signs and failing to take adequate steps to prevent abuse. The lawsuit also alleges that the defendants failed to report Mitchell to the appropriate authorities and violated Pennsylvania’s Child Protective Services Law by not promptly reporting suspected sexual abuse of children. These failures, the complaint asserts, directly led to the abuse of the victims.
The lawsuit also asserts claims against David Mitchell for assault, battery, and intentional infliction of emotional distress, alleging that he intentionally engaged in harmful sexual contact and acted with reckless disregard for the children’s safety. The complaint states that his actions caused severe physical pain, emotional distress, and other damages. According to the complaint, Mitchell knew the likelihood that his actions would cause severe emotional distress to the victims.
According to the lawsuit, Mitchell’s conduct was extreme, outrageous, and utterly intolerable in a civilized community.
“These allegations raise serious concerns about who is permitted to work closely with children,” Nathaniel Foote, Partner at Andreozzi + Foote, said. “When institutions ignore warning signs, they put children directly in harm’s way. Basic safeguards exist for a reason, and when they are disregarded, the consequences can be life-altering.”
Attorneys encourage anyone who may have experienced similar harm involving Gettysburg Montessori Charter School, Mitchell Counseling, LLC, or David Mitchell to come forward. Information shared by survivors can play a critical role in identifying patterns, preventing further harm, and holding institutions accountable. Individuals may contact the firm at info@vca.law.
About Andreozzi + Foote
Andreozzi + Foote is one of the nation’s leading sexual abuse law firms with a history of representing survivors in cases against large and powerful organizations including Penn State University, the Boy Scouts of America, and the Catholic Church. The trauma-informed Pennsylvania-based sexual abuse lawyers at Andreozzi + Foote are committed to obtaining life-changing results for victims and their families. Managing Partner Ben Andreozzi hosts "Justice Interrupted," a podcast that gives survivors of child abuse and their advocates a national platform. For more information, visit www.victimscivilattorneys.com.
Media Contact
Maria Smith
Andreozzi + Foote
marias@vca.law
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