Article: Schuylerville settles sex abuse case
by: MICHAEL GOOT mgoot@poststar.com
SCHUYLERVILLE: Schuylerville Central School District is paying $95,000 to settle a threatened lawsuit from a parent who said inadequate staff supervision allowed her 5-year-old child to be sexually assaulted by a 14-year-old student on a school bus over the summer.
The incident took place Aug. 12 while on a school bus in the school parking lot. The bus was preparing to depart from the summer school program.
The victim’s mother faulted the district because staff members on the bus failed to provide adequate supervision, which allowed her son to be sexually assaulted.
State Police investigated the matter and declined to file any criminal charges, according to spokesman Mark Cepiel. Both the victim and alleged perpetrator are special needs students.
“The students involved here have diminished mental capacity well below their actual age. The criminal capability wasn’t there,” he said.
Attorney Gerard Amedio on Nov. 3 filed a notice of claim, the precursor to a lawsuit, against Schuylerville Central School District, Superintendent Ryan Sherman, Principal Gregg Barthelmas and unnamed employees.
The notice of claim was for “negligence, failing to supervise and protect, and negligent hiring.”
It says there are physical and mental health injuries resulting from battery, public humiliation and health impairment.
That document, released by the district on Nov. 24 under a Freedom of Information Law request, blacked out the name of the child and his parents and the specific time, place and nature of the complaint.
District officials cited the Family Education Rights and Privacy Act as the justification for withholding that information.
Robert Freeman, executive director of the New York State Committee on Open Government, said the school district was within its legal rights to redact the information. However, he said if the notice of claim led to a lawsuit, the names would become public because courts are not bound by FERPA.
The victim had already been receiving counseling before the incident and is being treated for the assault.
The victim’s mother decided to settle the case because she did not want her son, now 6, to have to testify at trial.
The parties were in settlement talks and initial court paperwork was filed Dec. 17 in state Supreme Court of Saratoga County. Judge Thomas D. Nolan Jr. approved the settlement on Jan. 25.
The victim’s mother will receive $63,032 from the settlement, which will be placed into a trust for the child to access upon his 18th birthday. Amedio will receive $31,663 for attorney fees and $305 for filing costs.
The documents initially were not publicly accessible because they had to be redacted to protect the privacy of the victim. The Post-Star made a request to Nolan for the information, and attorney Amedio released the paperwork on Thursday.
Amedio sai his client is satisfied with the resolution of the case. The boy is doing as best as can be expected in dealing with such a difficult situation.
“He’s going to need a lot of treatment going forward,” he said.
Two special education teachers resigned because of the issue. Matt Becht and Rebecca Lockwood are out of the classroom but will be paid until the end of the 2015-16 school year. Both have been with the district since 2007.
Becht is earning a salary of $53,034 and Lockwood is making $56,351. They will continue to be covered under the district health insurance plan.
The district said previously that both teachers are working on curriculum development and instructional strategies and would be placed on paid administrative leave officially at the end of the first semester in January 2016.
Schuylerville officials would not comment on the reasons for their resignations in September, citing only that “certain differences of opinion arose between the teachers and the district regarding professional performance matters.”
Both teachers have tenure, so a lengthy process with the state would have been required to terminate them.
In response to a request seeking comment about the settlement, district spokesman Stacey Rice issued the following statement:
“The Schuylerville Central School District Board of Education accepted the resignation of two teachers during its meeting on Monday, Sept. 14, 2015, after certain differences of opinion arose between the teachers and the district regarding professional performance matters,” she wrote in an email. “As is the case in most school districts across the state, the Schuylerville Central School District does not publicly comment or discuss personnel matters.
“The district’s top priority is ensuring student safety and wellness. Procedures related to this matter have been reviewed and increased training has been instituted.”
School officials did not elaborate on what training and procedures were instituted. They also have not said whether anyone else was disciplined or terminated.
