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Fair Dist. 12 pays $720,000 in lawsuit
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The ruling comes after a jury determined on August 14, 2007, that Bensy had been fired in retaliation for her filing of a complaint about the district’s former interim superintendent, Anthony Pecorale Jr., and awarded her $100,000 for emotional distress. The jury in the case, Mary Lou Bensy v. Malverne Union Free School District, dismissed a charge that Pecorale sexually harassed Bensy, but found the district liable for unfairly firing her after she accused Pecorale of the harassment.
“My client was originally awarded $100,000 for emotional damages, but she was still entitled to compensation for her financial losses and attorneys’ fees,” said Rick Ostrove, one of Bensy’s attorneys. “That was assessed by the judge and we were able to reach a settlement with the district.”
The case began in March 2004, when Bensy, a longtime Malverne resident, was fired from her position as the district’s director of special education. The school district maintained that she was fired after an independent consultant evaluated her job performance and filed a negative report. Months earlier, however, Bensy had filed a complaint against Pecorale, claiming that he sexually assaulted her twice over a period of three months, pinning her against a wall and groping her.
Bensy’s lawyers, Ostrove and Thomas Ricotta, argued that the evaluation of Bensy’s performance was anything but independent. The consultant, Charles Althoff, had been Pecorale’s assistant superintendent in the Connetquot School District for two years and, Bensy’s lawyers maintained, was hand-picked by Pecorale to conduct the evaluation of Bensy.
During the trial, Pecorale admitted that he worked with Althoff between 1997 and 1999. Ostrove described Pecorale’s hiring of Althoff to evaluate Bensy as “a clear conflict of interest.”
The district, however, contended that Bensy was “fired solely because of her poor evaluations.” The jury disagreed, and awarded Bensy $100,000.
The post-trial motions for the latest judgment began in September 2007 and an agreement was reached in December, officials said. Ostrove said the district paid the $720,000 last week, and he is pleased that his client “has finally been vindicated.”
“I hope that this settlement allows my client to move forward with her life in a positive direction,” Ostrove said. “I hope it also lets the people of the Malverne School District know that while she worked for the school district, she did a great job.”
Ostrove also said that this is the largest employment settlement in District 12’s history, though this could not be confirmed, because the district declined to comment on the lawsuit.
Comments about this story? DWilliams@liherald.com or (516) 569-4000 ext. 205.
“My client was originally awarded $100,000 for emotional damages, but she was still entitled to compensation for her financial losses and attorneys’ fees,” said Rick Ostrove, one of Bensy’s attorneys. “That was assessed by the judge and we were able to reach a settlement with the district.”
The case began in March 2004, when Bensy, a longtime Malverne resident, was fired from her position as the district’s director of special education. The school district maintained that she was fired after an independent consultant evaluated her job performance and filed a negative report. Months earlier, however, Bensy had filed a complaint against Pecorale, claiming that he sexually assaulted her twice over a period of three months, pinning her against a wall and groping her.
Bensy’s lawyers, Ostrove and Thomas Ricotta, argued that the evaluation of Bensy’s performance was anything but independent. The consultant, Charles Althoff, had been Pecorale’s assistant superintendent in the Connetquot School District for two years and, Bensy’s lawyers maintained, was hand-picked by Pecorale to conduct the evaluation of Bensy.
During the trial, Pecorale admitted that he worked with Althoff between 1997 and 1999. Ostrove described Pecorale’s hiring of Althoff to evaluate Bensy as “a clear conflict of interest.”
The post-trial motions for the latest judgment began in September 2007 and an agreement was reached in December, officials said. Ostrove said the district paid the $720,000 last week, and he is pleased that his client “has finally been vindicated.”
“I hope that this settlement allows my client to move forward with her life in a positive direction,” Ostrove said. “I hope it also lets the people of the Malverne School District know that while she worked for the school district, she did a great job.”
Ostrove also said that this is the largest employment settlement in District 12’s history, though this could not be confirmed, because the district declined to comment on the lawsuit.
Comments about this story? DWilliams@liherald.com or (516) 569-4000 ext. 205.
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