Herricks school district pays nearly $50 million to end litigation over sexual abuse allegations
The Herricks school district paid nearly $50 million in the past year to former students who accused administrators of not doing enough to protect them from sexual abuse decades ago, records show.
The payments ended 27 lawsuits the district faced, the second most of any Long Island public school system. Herricks paid the money to settle civil litigation filed under the Child Victims Act, a state law clearing the way for people who alleged they suffered sexual abuse as children to file lawsuits.
The school district's settlements drove the total payments by Long Island districts to $87.6 million in 81 Child Victims Act cases, according to a Newsday analysis.
Herricks Superintendent Tony Sinanis declined to comment for this story. A letter Sinanis sent to Herricks residents in June stated: "We have worked tirelessly to bring each of these cases to closure as economically and respectfully as possible for our community, the alleged victims, and our residents."
Former students sued Herricks — and dozens of other Long Island districts — after a state law in 2019 gave people who say they suffered sexual abuse as children a temporary window to seek financial restitution.
Before the law, victims of childhood sexual abuse could not file claims once they turned 23 years old.
The 2019 law removed the age limit for a year — which then-Gov. Andrew M. Cuomo later extended to two years because of the COVID-19 pandemic — and changed the age limit going forward to 55 years old.
Records show Herricks paid $48.3 million in board-approved settlements to 27 former students, the largest total amount paid by a Long Island district, according to Newsday’s analysis. The individual settlements ranged from $50,000 to $5 million and averaged $1.8 million.
In another case, a jury determined the school district wasn't negligent and Herricks didn't pay any money.
"We are pleased to have achieved a settlement for our clients," said attorney Ameer Benno, of Herman Law, which represents 23 former students, in a statement. "While the parties are bound by a confidentiality agreement, we can share that our clients are satisfied with the resolution."
One of the final settlements the Herricks board approved in May called for $35 million to be dispersed among 17 former students, as determined by an arbitrator with no involvement by the attorneys for the former students or the district.
The district and former students agreed to a "group settlement," which is unlike any of the others across Long Island reviewed by Newsday, because it’s "in the interests of achieving a prompt, efficient and cost-effective final resolution of the" 17 remaining cases, the agreement said.
A clause in each of the Herricks settlement agreements said the district denied allegations that they did not do enough to prevent the alleged sexual abuse from occurring.
"The district’s settlement of each of the claims was made for the purpose of avoiding the inherent risk and expense associated with proceeding to trial in each of the remaining lawsuits," the district's letter to Herricks residents said.
Records show Herricks also paid $1.7 million in legal fees over nearly four years defending the district in the Child Victims Act lawsuits. Herricks spent nearly half of their legal fees — about $700,000 — in the case that went to trial.
To fund the settlements, Herricks’ school board approved two bonds this spring totaling $40 million, which are slated to be paid back over 15 years, according to the district’s letter.
Residents of the Nassau community also approved a 2024-25 budget that included a 5.2% year-over-year increase that district officials said was about 2 percentage points higher due to the lawsuit costs and associated legal fees.
The financial fallout of the Herricks’ Child Victims Act lawsuits represents what associations of superintendents and school boards statewide presented as potential worst-case scenarios for districts after state lawmakers passed the law in 2019.
"It’s no longer theoretical, now we’re seeing it happening with districts such as this one having to cover significant settlements," said Jay Worona, deputy executive director of the New York State School Boards Association.
Former students filed more than 200 lawsuits against districts in Nassau and Suffolk before the window closed in 2021, alleging that the districts either knew or should have known about the alleged abuse they suffered decades ago by teachers, principals, coaches and other staffers.
About 100 remain active, including more than three dozen that accuse Bay Shore of not doing enough to stop alleged sexual abuse by former third-grade teacher Thomas Bernagozzi between 1970 and 2000. Suffolk police arrested the 75-year-old in December on criminal charges stemming from those lawsuits.
Bernagozzi and defense attorney Samuel DiMeglio have denied the charges in court.
Bay Shore has settled two of the 45 lawsuits. The financial amount of those settlements is not yet known.
Worona said the state School Boards Association supports victims of childhood sexual abuse receiving financial restitution for the trauma they endured. But his group does not want the payout to come at the cost of educational programming.
Ron Masera, legislative co-chair of the Suffolk County School Superintendents Association, said he’s been giving lawmakers the same messages in hopes of creating a state fund to help districts cover the costs.
"Today’s communities and school districts should not have to pay settlements from generations ago that would hurt today’s students and educational programs," said Masera, superintendent of the Center Moriches school district.
Efforts by Long Island school districts to secure insurance coverage for their settlements have been mixed. School officials said that in many cases so much time has passed since the alleged abuse occurred that it's difficult to locate their insurance policies.
Insurance covered $1.8 million of Herricks’ $48.3 million in settlement payments, records show.
In Harborfields, insurance companies paid about $8 million of the $10.7 million settlements to seven former students. Voters in that district also voted in May to liquidate a capital reserve fund to apply nearly $1.1 million toward the district’s portion of the settlements.
Cold Spring Harbor, which liquidated a capital reserve fund meant for future construction projects to help pay $14.3 million to three former students, is suing three insurance companies to try to recoup some of the settlement money.
"Too many school districts find themselves uninsured, and because school districts are not rolling in cash, they have to take it from somewhere," Worona said. "And we’re fearful that that's going to be educational programming for our current students."
The Herricks school district paid nearly $50 million in the past year to former students who accused administrators of not doing enough to protect them from sexual abuse decades ago, records show.
The payments ended 27 lawsuits the district faced, the second most of any Long Island public school system. Herricks paid the money to settle civil litigation filed under the Child Victims Act, a state law clearing the way for people who alleged they suffered sexual abuse as children to file lawsuits.
The school district's settlements drove the total payments by Long Island districts to $87.6 million in 81 Child Victims Act cases, according to a Newsday analysis.
Herricks Superintendent Tony Sinanis declined to comment for this story. A letter Sinanis sent to Herricks residents in June stated: "We have worked tirelessly to bring each of these cases to closure as economically and respectfully as possible for our community, the alleged victims, and our residents."
WHAT TO KNOW
- The Herricks school district paid $48.3 million to 27 former students to settle lawsuits that accused administrators of not doing enough to protect them from sexual abuse decades ago.
- The former students filed the lawsuits after a 2019 state law gave people of any age who say they were sexually abused as children a temporary opportunity to seek damages. Previously, the law banned them from doing so once they turned 23.
- More than 200 lawsuits named Long Island school districts. Herricks faced the second most suits after Bay Shore, a defendant in 45 cases.
Former students sued Herricks — and dozens of other Long Island districts — after a state law in 2019 gave people who say they suffered sexual abuse as children a temporary window to seek financial restitution.
Before the law, victims of childhood sexual abuse could not file claims once they turned 23 years old.
The 2019 law removed the age limit for a year — which then-Gov. Andrew M. Cuomo later extended to two years because of the COVID-19 pandemic — and changed the age limit going forward to 55 years old.
Records show Herricks paid $48.3 million in board-approved settlements to 27 former students, the largest total amount paid by a Long Island district, according to Newsday’s analysis. The individual settlements ranged from $50,000 to $5 million and averaged $1.8 million.
In another case, a jury determined the school district wasn't negligent and Herricks didn't pay any money.
"We are pleased to have achieved a settlement for our clients," said attorney Ameer Benno, of Herman Law, which represents 23 former students, in a statement. "While the parties are bound by a confidentiality agreement, we can share that our clients are satisfied with the resolution."
One of the final settlements the Herricks board approved in May called for $35 million to be dispersed among 17 former students, as determined by an arbitrator with no involvement by the attorneys for the former students or the district.
The district and former students agreed to a "group settlement," which is unlike any of the others across Long Island reviewed by Newsday, because it’s "in the interests of achieving a prompt, efficient and cost-effective final resolution of the" 17 remaining cases, the agreement said.
A clause in each of the Herricks settlement agreements said the district denied allegations that they did not do enough to prevent the alleged sexual abuse from occurring.
"The district’s settlement of each of the claims was made for the purpose of avoiding the inherent risk and expense associated with proceeding to trial in each of the remaining lawsuits," the district's letter to Herricks residents said.
Records show Herricks also paid $1.7 million in legal fees over nearly four years defending the district in the Child Victims Act lawsuits. Herricks spent nearly half of their legal fees — about $700,000 — in the case that went to trial.
To fund the settlements, Herricks’ school board approved two bonds this spring totaling $40 million, which are slated to be paid back over 15 years, according to the district’s letter.
Residents of the Nassau community also approved a 2024-25 budget that included a 5.2% year-over-year increase that district officials said was about 2 percentage points higher due to the lawsuit costs and associated legal fees.
The financial fallout of the Herricks’ Child Victims Act lawsuits represents what associations of superintendents and school boards statewide presented as potential worst-case scenarios for districts after state lawmakers passed the law in 2019.
"It’s no longer theoretical, now we’re seeing it happening with districts such as this one having to cover significant settlements," said Jay Worona, deputy executive director of the New York State School Boards Association.
Former students filed more than 200 lawsuits against districts in Nassau and Suffolk before the window closed in 2021, alleging that the districts either knew or should have known about the alleged abuse they suffered decades ago by teachers, principals, coaches and other staffers.
About 100 remain active, including more than three dozen that accuse Bay Shore of not doing enough to stop alleged sexual abuse by former third-grade teacher Thomas Bernagozzi between 1970 and 2000. Suffolk police arrested the 75-year-old in December on criminal charges stemming from those lawsuits.
Bernagozzi and defense attorney Samuel DiMeglio have denied the charges in court.
Bay Shore has settled two of the 45 lawsuits. The financial amount of those settlements is not yet known.
Worona said the state School Boards Association supports victims of childhood sexual abuse receiving financial restitution for the trauma they endured. But his group does not want the payout to come at the cost of educational programming.
Ron Masera, legislative co-chair of the Suffolk County School Superintendents Association, said he’s been giving lawmakers the same messages in hopes of creating a state fund to help districts cover the costs.
"Today’s communities and school districts should not have to pay settlements from generations ago that would hurt today’s students and educational programs," said Masera, superintendent of the Center Moriches school district.
Efforts by Long Island school districts to secure insurance coverage for their settlements have been mixed. School officials said that in many cases so much time has passed since the alleged abuse occurred that it's difficult to locate their insurance policies.
Insurance covered $1.8 million of Herricks’ $48.3 million in settlement payments, records show.
In Harborfields, insurance companies paid about $8 million of the $10.7 million settlements to seven former students. Voters in that district also voted in May to liquidate a capital reserve fund to apply nearly $1.1 million toward the district’s portion of the settlements.
Cold Spring Harbor, which liquidated a capital reserve fund meant for future construction projects to help pay $14.3 million to three former students, is suing three insurance companies to try to recoup some of the settlement money.
"Too many school districts find themselves uninsured, and because school districts are not rolling in cash, they have to take it from somewhere," Worona said. "And we’re fearful that that's going to be educational programming for our current students."
Jim Baumbach is an award-winning investigative reporter at Newsday, where he has worked since 1998. He spent two decades in the sports department, where he covered every professional team and league, including events such as the Super Bowl and World Series.
