Need to Know
- Nearly 2,000 New York Child Victims Act cases involve accusations of abuse by educators or other school personnel.
- An investigation by The 74 and Mother Jones found that some schools were accused of failing to act on abuse reports or allowing accused educators to remain around students.
- New York's Child Victims Act extended the civil statute of limitations for some child sexual abuse claims and created a temporary lookback window.
- Survivors can have legal options against a perpetrator and, depending on the circumstances, a school or other institution.
A new investigation by The 74 and Mother Jones found that New York schools have been the subject of nearly 2,000 sexual abuse claims, some dating back to the 1950s. The reporting describes cases in which schools are accused of failing to respond to abuse or allowing accused educators to remain around students. It also examines how the Child Victims Act (CVA) affected survivors who had previously run out of time to sue. The 2019 state law extends the civil statute of limitations for some child sex abuse cases, making it possible for some people who endured abuse in schools to pursue legal action against the perpetrator, the school system, or both, even if the abuse happened decades ago.
What the New Report Says About Sexual Abuse and New York Schools
The 74 identified at least 1,973 Child Victims Act complaints accusing a school, educator, or other school personnel in New York. Nearly 11,000 cases have been filed statewide under the CVA, meaning more than 18% of cases brought under the law involve educators or other school staff members—a higher percentage than previously thought.
The investigation also identified gaps between New York's laws and protections adopted elsewhere, particularly those addressing educator sexual misconduct and grooming. Unlike many states, New York doesn’t have a law specifically criminalizing sexual relationships between educators and students who have reached the state's age of consent, which is 17.
Additionally, some states make educator disciplinary records easy to find, but in New York, the information isn’t readily available to the public, according to The 74.
How New York Schools Failed to Respond to Sexual Abuse
The report describes numerous cases in which former students say school officials failed to respond after students or parents reported abuse. In one case, a man identified only by his initials said his third-grade teacher, Thomas Bernagozzi, showed favoritism and treated him differently from other students before sexually abusing him. After the child told his mother, she reported the abuse to the principal, and the abuse stopped — but Bernagozzi wasn’t fired or removed from his position. Decades later, Bernagozzi was convicted of sexually abusing three former students and sentenced to 33⅓ to 50 years in prison.
Claims involving former school psychologist Vincent Festa raise similar questions about what school officials knew and how they responded. One lawsuit says students gave Festa a nickname referencing the accusations against him and even created a song about him that was sung in front of staff members. The 74 and Mother Jones found that students and parents had reportedly complained about Festa during the 1970s and 1980s, but he remained employed. One former student said a vice principal accused him of lying after he reported the abuse. Festa remained in his position until his 1993 arrest on child sexual abuse charges.
The complaints reviewed by The 74 describe other circumstances that gave educators access to children, including pulling students out of class, taking them to secluded classrooms or offices, offering rides home, and keeping them after school under the guise of providing extra help. The investigation also identified cases in which accused educators left one school for another, giving them access to a new group of students.
The accounts raise questions about schools’ reporting responsibilities. Educators and other school personnel are mandated reporters under laws that vary by state. In New York, teachers, school administrators, guidance counselors, school psychologists, and school nurses are among the professionals required to report suspected child maltreatment when the applicable legal requirements are met.
Marci Hamilton, founder of Child USA, told The 74 that schools may sometimes shield accused abusers from accountability to protect their reputations. School sexual abuse lawsuits can help uncover what institutions knew and how they responded, but historically, many survivors were unable to bring claims because the statute of limitations had already expired.
How New York Lookback Laws Affect School Sexual Abuse Claims
The New York Child Victims Act set a new standard. Signed into law seven years ago, the legislation extended timelines for survivors who were sexually abused as children. Before the CVA, the statute of limitations for many civil child sexual abuse claims generally expired when a survivor turned 21. The law extended the deadline for qualifying claims until age 55. It also created a temporary “lookback window” that allowed survivors to file previously time-barred civil claims regardless of how long ago the abuse occurred. That window closed in 2021.
“Lookback windows can give survivors an opportunity they may have thought was permanently lost,” said Jessica Pride, a nationally recognized sexual assault attorney. “Childhood sexual abuse often isn't disclosed until years or even decades later. By reopening claims that were previously barred by the statute of limitations, these laws recognize that delayed disclosure is common and give some survivors another opportunity to seek accountability.”
Child sexual abuse can be difficult for survivors to process, with some not recognizing or disclosing what happened until long after the abuse ended. Guilt and shame are common responses, and survivors are at a higher risk for anxiety, depression, eating disorders, and post-traumatic stress disorder. Survivors can blame themselves even though they aren’t at fault for what happened, and they may hesitate to come forward for that reason. Sometimes, a child worries that they’ll get in trouble if they disclose abuse. Lookback windows and extended statutes of limitation have been applauded for recognizing the complexities of breaking silence and how long it can take survivors to open up.
What Survivors Should Know About Reporting and Legal Claims
A survivor may be able to bring a civil lawsuit against a perpetrator and, depending on the circumstances, a school or other institution that could bear legal responsibility for the abuse, even without a criminal conviction. Criminal and civil deadlines differ by state, so it’s important to talk to an attorney if interested in pursuing legal action related to child sexual abuse. A lawsuit may result in damages to cover financial losses like medical expenses, therapy costs, and lost wages. It can also provide compensation for non-economic losses, like pain and suffering or loss of enjoyment of life. Consulting with a sexual assault attorney can help you understand whether your situation falls within the statute of limitations and whether you may have a viable claim.
