Teacher sexual assault case settles for $980K
The suit claimed the school authorities failed to protect the plaintiff when they were aware of the suspect's past indecent behavior.
A civil case over a teacher’s sexual assault of an eighth-grade student settled for $980,000 in Sussex County, N.J., on Feb. 15.
According to counsel for the plaintiff and some defendants, in June 2016, the plaintiff, then 14 and an eighth-grade student at the Hopatcong Middle School, was sexually assaulted by her teacher, Eric Strand. (In 2017, Strand, then 57, pleaded guilty to second- and third-degree charges, and was sentenced to three years behind bars, according to reports.)
Strand’s interaction with the student had begun months earlier, with the exchange of sexually explicit text messages and emails. This led to instances of kissing and groping during school hours and, in one case, at Strand’s home. After the assault, Strand was arrested. The plaintiff, referred to as T.T., claimed that, when her interaction with Strand became public, she was harassed by her peers.
The suit
The girl’s parents sued the Borough of Hopatcong Board of Education, school principal Emil Binotto, and a Hopatcong high school principal, Lewis Benfatti. The lawsuit, filed in Sussex County Superior Court, alleged negligent supervision and violation of the New Jersey Law Against Discrimination. The suit claimed the defendants failed to protect the plaintiff when they were well aware of Strand’s past indecent behavior with students. Counsel also maintained that the school allowed the creation of a sexually hostile education environment. In his report, the plaintiff’s expert in computer software opined that Hopatcong could have installed software in its computer system that would have flagged the inappropriate emails between Strand and the plaintiff.
According to the defense, in May 2016, Strand began communicating with the plaintiff via his school email account and via texts through his personal phone. The messages were not sexual and involved school-related functions and trips, the defense asserted. Strand and the plaintiff kissed and touched several times around June 2016. The defense contended that, following Strand’s arrest, the board of education promptly investigated the allegations, demonstrating that out of the nearly dozen board employees interviewed, none had any knowledge of inappropriate sexual activity by Strand toward the plaintiff or toward any other female student. Strand was immediately suspended and ultimately terminated, the defense contended.
The defense maintained that the board took reasonable steps to supervise, counsel, and protect the plaintiff from any retaliation and harassment from peers. Additionally, the plaintiff rejected the board’s offer to pay for her to attend an out-of-district school. The defense’s educational expert opined that the board was not negligent in its retention and supervision of Strand.
The suit claimed the plaintiff experienced post-traumatic stress disorder, anxiety and depression. She came under the care of a mental health counselor, with whom she treated throughout her high school tenure. The plaintiff was later able to graduate from high school near the top of her class. The defense contended that T.T. has preexisting anxiety.
The parties negotiated a pretrial settlement. Strand, uninsured, agreed to pay $30,000. The board of education’s insurer, the School Alliance Insurance Fund, agreed to pay $950,000 on behalf of Binotto and Benfatti.
The case is T.T. v. Strand.
Editor’s Note: This article is adapted from VerdictSearch reports. The report is based on information that was provided by counsel for plaintiffs, the board of education, Binotto and Benfatti. Counsel for Strand did not respond to phone calls.
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