Howd & Ludorf, LLC Wins Summary Judgment for Stratford Board of Education in Teacher/Student Sexual Assault Case

By: Thomas R. Gerarde

tgerarde@hl-law.com

860-249-1361 Ext. 143

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Howd & Ludorf, LLC partners Thomas R. Gerarde and Kristan M. Maccini recently won summary judgment for the Stratford Board of Education in a suit involving the sexual assault of a student by a teacher. In Doe v Sulzicki et al, brought in the Fairfield Judicial District, the plaintiff/student claimed that his teacher sexually assaulted him at his family home during informal tutoring sessions. Plaintiff also alleged there was physical contact including kissing that contact occurred on school grounds, but in hidden locations.  Plaintiff sued the Stratford Board of Education for negligent supervision of the offending teacher. The board responded by moving for summary judgment based on governmental immunity.  The court granted the Board’s motion for summary judgment, finding that the supervision of students and employees involved judgment and discretion on the part of the administration.  Furthermore, plaintiff could not qualify for an exception to immunity because it was not apparent to any school leader that the student was at risk of being imminently harmed by the teacher.