Clarkstown school sexual misconduct accusations lead to lawsuitPosted: Updated:
Accusations of a Clarkstown high school security guard having sexual contact with a student and another employee have led to a lawsuit against the district.
Another security guard who says he helped report the alleged incidents is now claiming retaliation.
According to the lawsuit filed against the Clarkstown Central School District, a staffer claims he was retaliated against after reporting that a security guard had unwanted sexual contact with a cafeteria worker and an underage student. The incidents allegedly occurred in 2014 at Clarkstown High School North.
The suit claims that Carlos Martinez, also a security guard, was told by a female cafeteria worker that the defendant had repeatedly grabbed her.
"Mr. Martinez, who had been making a big deal of this being reported, was then reassigned from Clarkstown South to Clarkstown North," says attorney Stephen Barry.
Barry claims that transfer was done in retaliation. He says the district only suspended the security guard for 30 days, and then rehired him at Clarkstown South. Martinez, a retired NYPD officer who served during the Sept. 11 terror attacks, says the district also stopped letting him use sick days to get his medical treatments.
"He has endangered his health and his emotional well-being," Barry says. "They are penalizing him while they rehire a security guard who has engaged in a pattern and practice of abusive behavior."
Parents say they blame the district for not acting more quickly.
"They're supposed to be taking care of our children," says parent Antonio Larraz. "They should be in a safe environment."
The school district declined to comment. It has 20 days to answer the complaint.