Three lawsuits alleging that the district was responsible for the alleged sexual abuse of former students by a teacher in the band during the 1980s and 1990s are being dismissed by the city’s Board of Education.
Former students are suing Dwight Cooper, a former music teacher in the school system, for damages.
However, the board claims that it is protected by revised state statutes.
In their respective lawsuits, the women identified themselves as J.B., A.M., and Bernadette Denis, claim Cooper abused them multiple time in the 1980s when they were teenagers. J. Silvio Mascolo filed the lawsuits in Cumberland County Superior Court, between 2021-2022.
According to the lawsuits the incidents occurred during sanctioned activities in the district, “including when Dwight Cooper was mentoring and teaching them.”
Meg Finney is the district’s public information officer. She stated that while it is against policy to comment on pending litigation, the district places safety first. Finney stated that the district takes safety, health, and welfare very seriously.
According to court records, all three cases were scheduled for hearings Friday. However, MaryAnn Spoto, a court spokesperson, said that they have been postponed until a date yet to be determined.
Cooper pleaded guilty to sexual molestation charges in December 1993. He admitted that he had abused three students aged 13-16 in his class between 1991-1993. In February 1994, Cooper was sentenced to four-months in prison and five years probation.
He was a 26-year-old teacher and band director at that time. He was eventually charged and resigned in May 1993.
The school board is accused of concealing Cooper’s abuse in order to cover its failure to protect Cooper’s students.
“At the time Plaintiff sexually abused Dwight Cooper, Defendants knew, or should have known, that Dwight Cooper posed an imminent danger to Plaintiff, but they failed take reasonable steps to protect Plaintiff from such harm,” all three lawsuits state.
Suzanne Turpin, the district attorney, stated in court filings that the board is not liable.
According to Jan. 11’s motion for dismissal, courts ruled that public school entities like the school board don’t qualify under the “household” definition, which means they are not subject to liability as passive abusers.
Gov. Phil Murphy signed legislation in May 2019 that makes it easier to file ligation against alleged attackers or other entities for victims of sexual abuse.
Mascolo argued that the law’s “household” component was not removed and that the change didn’t apply retroactively to events occurring before the Dec. 1, 2019, effective date.
“This conclusion is based upon several fundamental principles of statutory construction and on the legislative history that accompanied it, as well as the growing chorus of New Jersey judges who have agreed that the amended is not retroactive,” the motions state.
