A former student of Union City’s Emerson High School is suing the board of education and several current and former employees for allegedly allowing her to have a sexual relationship with her math teacher, who subsequently went to jail for his actions.
By John Heinis/Hudson County View
The eight-count lawsuit, filed in Hudson County Superior Court one week ago by a plaintiff identified only as GR, named the BOE, then-Emerson Principal Robert Fazio, then-Assistant Principal Edwin Marinez, Francisco Lindo, and six other teachers as defendants.
“While in the care, custody, and control of the Defendants … Defendant Francisco Lindo did sexually groom, contact, abuse, and molest Plaintiff, who was a minor at the time. Such conduct was done for Defendant Francisco Lindo’s sexual gratification, and was performed on Plaintiff without her free consent, as Plaintiff was a mere minor and thus unable to give valid, legal consent to such sexual acts,” the court filing contends.
“These actions upon Plaintiff constituted conduct in violation of New Jersey state laws and Defendant Francisco Lindo was charged with sexual assault and pled guilty to second degree endangering the welfare of a child and was sentenced to five-years in prison.”
Lindo, now 47 years old, was arrested by the Passaic County Prosecutor’s Office in 2009 on allegations related to sexually assaulting a 17-year-old student, allegedly the plaintiff in this new civil case.
He pled guilty to endangering the welfare of a child back on August 2nd, 2011 and was sentenced to five years imprisonment and parole supervision for life upon release when he was sentenced on December 13th, 2011, according to public records.
The New Jersey Department of Corrections database shows that Lindo reported to the Mid-State Correctional Facility in Fort Dix on December 13th, 2011 and was released on August 12th, 2013.
The lawsuit, where GR is represented by Northfield-based Castellani Law Firm Founder David Castellani, claims that Lindo had sex with the plaintiff in his classroom after he had groomed her, which was “common knowledge throughout Emerson High School.”
“It is further alleged that the sexual grooming, harassment and assaults occurred in the presence of the other individually named Defendants and other teachers, students, and staff members, yet nothing was done to stop or prevent the conduct from continuing,” the lawsuit asserts.
“In or around the Plaintiff’s 11th and 12th grade years in Union City School District, she was subjected to continued grooming, harassment, sexual assault, sexual harassment, from other male teachers as well, not just Defendant Lindo. Defendants Francisco Lindo, Edwin Marinez, Steve Hanak, Mark Ryan, Dennis McMullen, Craig Lapierre, Greg Campbell, and George Morales all engaged in inappropriate and predatory behavior …”
Further, the suit claims that Hanak lifted up GR’s shirt and made sexual comments about her body, Ryan recorded a video between her legs and shared it with other teachers, while McMullen told her “he had erectile dysfunction and she may be able to help him with that.”
GR, through the suit, also asserts that the superintendent at the time (who is not named), Fazio, and Marinez all didn’t take action to stop this inappropriate behavior, with Marinez also accused of making advances towards her that were rebuffed.
“Furthermore, it was common knowledge throughout Emerson High School that Defendant Lindo had an improper sexually charged relationship with another minor student,” the lawsuit states.
“Throughout the remainder of Plaintiff’s education, she suffered from severe emotional distress and was targeted even through college. Plaintiff became a ‘walking poster’ as everyone pointed at her and said that’s the girl, in reference to Defendant Lindo sexually assaulting her.”
The plaintiff also alleges that her sexual relationship with Lindo followed her through college, with fellow Emerson High School alumni bringing it up to new classmates at Fairleigh Dickinson University.
As a whole, GR is alleging she suffered gross negligence, negligent supervision, negligent hiring and retention, intentional infliction of emotional distress, and violation of the New Jersey Civil Rights Act.
“The harassment, intimidation, and bullying suffered by the Plaintiff at the hands of her fellow students and teachers including Defendants Lindo, Hanak, Ryan, McMullen, Morales, Campbell, Marinez, and Lapierre, was as a result and because of her gender and being sexually assaulted by Defendant Lindo who was under the Defendant’s control and supervision and was motivated by the same,” according to the civil suit.
“The harassment, intimidation, and bullying were also sexually based and involved the referencing and touching of intimate body parts, inappropriate touching, and sexual references, all creating a hostile school environment for the Plaintiff. Despite the numerous complaints and notice of such, no action was taken to prevent and/or cause the aforementioned harassment and intimidation of the Plaintiff to cease.”
As a result, GR is seeking a jury trial to determine both past, present, and future general and special damages, as well as punitive, exemplary, and statutory damages, costs of suit, attorneys’ costs and fees, along with any relief the court deems just and equitable.
A Union City BOE spokesman did not return an email seeking comment, but the district typically does not comment on pending litigation.