Trial Magazine

While Doe, 14, was a middle school student, she exchanged sexually explicit text messages and emails with her teacher, Roe, who was in his early 50s. The two later allegedly had sexual contact at school and at Roe’s home. Roe was later arrested and charged with child endangerment and criminal sexual contact, for which he received a prison sentence.

Doe’s peers learned of the situation and harassed her, including chanting Roe’s name in school hallways and calling Doe a slut. The harassment continued after Doe reached high school. Doe has been diagnosed as having post-traumatic stress disorder, anxiety, and depression, which has necessitated counseling.

Doe, through her guardians, sued Roe and the board of education, alleging that Roe had committed assault and that the board was liable for the school district’s negligent supervision of Roe and failure to protect her from Roe despite knowing he had acted inappropriately toward another student. The plaintiff claimed that the school district could have installed computer software that would have flagged Roe’s inappropriate emails.

The defense argued that the alleged interactions between Doe and Roe had not occurred during school hours and that there had been no sexual touching at school. Additionally, the defense argued that it had taken reasonable steps to protect Doe from retaliation and harassment by her peers, including modifying her schedule and providing a security shadow.

The parties settled for $980,000. Roe paid $30,000, and the board of education’s insurer paid the rest.

Citation: Doe v. Roe Bd. of Educ., No. SSX-L-000379-17 (N.J. Super. Ct. Sussex Cty. Feb. 15, 2020).

Plaintiff counsel: Nicholas F. Pompelio and Paul R. Rizzo, both of Warren, N.J.

Plaintiff experts: Bryan Gorczyk, computer software, Livingston, N.J.; Susan Cohen Esquilin, counseling, Montclair, N.J.; and Edward Dragan, administration, Lambertville, N.J.

Defense experts: Tino Kyprianou, computer forensics, Morristown, N.J.; Jamie Savedoff, administration, New York City; and Elizabeth Stilwell, counseling, Livingston.