Mamaroneck Schools Sued; Teacher's Sentencing Postponed

by Judy Silberstein

(January 10, 2007) Law suits were filed in federal court on January 5 against a former music teacher, the Mamaroneck School district and three of its administrators on behalf of two families of Hommocks girls who allege the teacher repeatedly seized them, held them on his lap and tickled them.

The teacher, Omar Rodriguez, plead guilty in October to statutory rape of a 16-year-old teen and one count of endangerment involving inappropriate touching of a Hommocks girl. The plea came with a 10-year sentence of "shock probation" that includes up to 6 months in jail. Formal sentencing was to be on January 11, but at the request of the defense attorney, sentencing has now been moved to Feburary 8. (Former Hommocks Teacher Pleads Guilty to Statutory Rape.)

The civil suits against Superintendent Dr. Paul Fried, Assistant Superintendent for Administration and Personnel Rosemarie Coletti, and Hommocks Principal Dr. Seth Weitzman allege that they were responsible for the hiring, training and supervision of Mr. Rodriguez, which led to “sexual assault and battery” of the girls and the violation of their rights under the Fourteenth Amendment to be “let alone; to attend school without being physically abused and to be afforded bodily security.”

The two families, whose girls were 12 when the abuses allegedly began, are represented by separate Mamaroneck-based attorneys, Lisa Fantino and Paul Noto, a former Mamaroneck mayor and Westchester legislator. Another family originally represented by Mr. Noto declined to pursue the suit.

The plaintiffs are asking for monetary damages and changes in school policies. “We will leave the money up to the jury,” said Ms. Fantino. The policies are “to not only educate teachers and administrators with regard to antidiscrimination policy but to implement them as well.”

At their regular meeting on Tuesday, January 9, the Mamaroneck School Board accepted recommendations from the district’s insurance carrier, the New York Schools Insurance Reciprocal (NYSIR), to retain the law firm Congdon & Flaherty to represent the district and the three administrators. Costs of defending the suit will be covered by insurance.

Timing of the Suit

The filing of the suit is only coincidentally occurring in the same week that Mr. Rodriguez was to be sentenced. According to Mr. Noto, in the last few months he was able to obtain a number of documents to support claims that school authorities knew what was happening but ignored the situation. “It’s obvious they knew what was going on – the jokes, the tenor," said Mr. Noto. “Dr. Weitzman didn’t seem to care.”

The documents include a confidential sexual harassment allegation investigation report prepared by Ms. Coletti and submitted to Dr. Fried following a Hommocks girl's complaint on December 15, 2005. There are also statements to the Mamaroneck Town Police by students and staff recorded in April and May of 2006 after Mr. Rodriguez’s removal from the classroom.

The police records were obtained through requests under the Freedom of Information Law (FOIL). Mr. Noto said he “worked through other channels” to get the school report, which is not subject to FOIL. The documents provide details - previously unreported - on the timing of school district investigations and responses. (See: Two New Charges Filed Against Hommocks Teacher: Timing of the Investigation)

Confidential Report by Assistant Superintendent Coletti:

According to the report, the girl complained to a teacher and a guidance counselor that when she accompanied Mr. Rodriguez to his room for an internet search of holiday gifts, the teacher turned off the lights, blocked the door window with a portable chalkboard and later pulled her onto his lap, typed at the computer with his arms around her, hugged her and briefly rubbed her knee. Mr. Rodriguez told Ms. Coletti that it was the student who sat down on his lap. He denied moving the chalkboard or touching her knee, but “acknowledged that he is generally very affectionate with all of the students” in “very playful ways” to make them comfortable with him.

The assistant principals said they had not received other similar complaints, but acknowledged the teacher often hugged students. Assistant Principal Larry Keane recalled telling Mr. Rodriguez in 2004 or 2005 that “he needed to be careful that people didn’t misinterpret what he was doing.”

Ms. Coletti concluded, “while Mr. Rodriguez may have engaged in inappropriate behavior” the evidence did not support a determination that “the behavior rose to the level of sexual harassment.” She recommended issuing a counseling memorandum.

The district did not report the December 15 incident to the police.

Police were contacted on April 4 following a school investigation triggered when students found suggestive photographs in the teacher’s room on March 23. Mr. Rodriguez was removed from the classroom on March 29 and ultimately charged with child endangerment of 9 Hommocks students as well as statutory rape of the Connecticut teen. Police conducted their own investigation in April and May that led to the arrest of Mr. Rodriguez on charges of child endangerment. (See: Hommocks Teacher Charged With Child Endangerment.)

Police Reports from Students & Staff

Among the police reports was a strongly worded statement from Michael Kollmer, an experienced music teacher at Hommocks assigned to mentor Mr. Rodriguez, which opened with praise for the younger man’s teaching talents but said, “He exhibited problematic behaviors from the beginning of his employment in the school." These included “not maintaining a professional distance with students… most obvious in his habit of hugging children in the school.” The behaviors continued despite numerous warnings from Mr. Kollmer and other staff members that they could be misinterpreted. Mentors’ opinions are not part of the tenure process, but Mr. Kollmer “was amazed” that Mr. Rodriguez received tenure in 2005.

Further, Mr. Kollmer reported numerous “vulgar” and “unrelated sexual comments” by Mr. Rodriguez to staff, including a “disturbing joke” about female students: “If there is grass on the field, it is time to play.”

Statements to the police from students described multiple occurrences, from as early as 2002, of Mr. Rodriguez pulling girls onto his lap, holding their waists so they could not get up and stroking their backs. In some cases, the girls said Mr. Rodriguez touched their chests or sides of their breasts. One girl supplied transcripts of an Instant Message exchange with the teacher in which he said “no one should know you have my SN [screen name]" and she referred to him as “creepy.” A recurring comment from the interviewed girls: “it made me feel uncomfortable.”

According to Mr. Noto, the students were targeted because of their gender and the district had knowledge of it. “At least 20 kids were involved and none were boys,” he said.

Ms. Fantino said her client “has suffered emotionally - she doesn’t know which adults to trust anymore.” The parents are “outraged that the people they trusted the care of their daughter to were not worthy of that trust. The schools failed to make the grade when it came to protecting these students."

District Response

"This situation has caused us to consider what else we, as an organization, can do to be even more vigilant in providing a safe environment for our students," said Dr. Fried in a release issued Wednesday, January 10. He described a June 2006 district training session for all staff on reporting requirements of child abuse and sexual harassment and said the district will continue to review its policies and practices. "Of vital importance is ensuring that students and parents feel secure in coming forward whenever a student is made to feel uncomfortable in any setting," he added.

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