Bay Shore school district reaches tentative settlement in 12 sex-abuse suits involving former teacher Thomas Bernagozzi
Former Bay Shore teacher Thomas Bernagozzi at an arraignment in June. Credit: /John Roca
Settlements have been reached "in principle" in 12 lawsuits brought against the Bay Shore school district by former students who allege they were sexually abused decades ago by elementary school teacher Thomas Bernagozzi, the district and an attorney for the plaintiffs confirmed Wednesday.
The terms of the settlements have yet to be finalized, Superintendent Steven J. Maloney said in a message shared with the school community. The school board is expected to approve the settlements at a future meeting "upon receipt of the signed agreements," Maloney said.
All 12 Child Victims Act cases are uninsured, and district officials did not say how much the settlements would cost.
“The Board of Education and District remain committed to proceeding with compassion and fairness for all those who have been affected by claims filed pursuant to the Child Victims Act,” Maloney’s statement read in part. “This commitment is also guided by the Board’s fiscal responsibility to the entire Bay Shore-Brightwaters community and its mission to ensure the District continues to thrive."
Andrew Silvershein, an attorney with Herman Law, which is representing the plaintiffs, also confirmed the tentative settlements. He declined to comment further until they are finalized by the board.
In all, the South Shore district faced 45 Child Victims Act lawsuits, the highest of any district on Long Island. They all involve Bernagozzi.
Suffolk County police arrested Bernagozzi, 76, of Babylon, in December 2023. Prosecutors have charged him with sodomy, sexual conduct against a child, and possession of child sexual abuse material. He pleaded not guilty and is being held at Suffolk County Jail while awaiting trial. He has denied abusing children.
The lawsuits were filed under the Child Victims Act, a state law passed in 2019 that opened a temporary window for victims of sexual abuse to file claims. The window closed in August 2021. Prior to the law’s passage, survivors could not file suit once they turned 23.
The suits accuse Bernagozzi of sexual abuse and the school district of failing to protect his alleged victims. A Newsday investigation published earlier this year — which included interviews with seven of Bernagozzi’s accusers and three administrators who oversaw the former teacher, as well as a review of thousands of pages of court and school documents — found the district kept Bernagozzi employed despite sexual abuse allegations that spanned decades. Bernagozzi retired in 2000 after a 30-year teaching career.
The latest tentative settlements include a suit that was set to go on trial this past Monday.
If the school board approves the agreements, it will bring the number of resolved cases to 20. Three suits were resolved through insurance and five through settlements totaling $20 million.
One suit went to trial and ended Oct. 31 with a jury verdict that found the district liable. The jury in that case awarded the plaintiff $25 million the following day.
Louis R. Bettinelli, the school board president, said at a work session Wednesday night that the district has filed a motion to set aside the verdict and taken steps to “preserve the district's right to pursue an appeal.”
“We will continue to provide you with updates as legally permissible,” Bettinelli read from a statement. “And we will continue to work together as a community to support our former, current and future students.”
The district's legal bills alone ballooned to $1.7 million through September, not including the trial cost or remaining work on the pending cases, according to a tally of invoices Newsday obtained through public records requests.
Across the Island, 98 Child Victims Act cases are costing districts more than $128 million. Several other cases have been settled as well, but the districts have not yet disclosed the cost of those agreements.
With Grant Parpan
