Parents of eight-year old schoolchildren file sexual abuse lawsuit in federal court against alleged previous offender in Pennsylvania area school system, claim school knew, failed to protect

PHILADELPHIA, Feb. 24, 2015 /PRNewswire-USNewswire/ -- Two families of eight year old schoolchildren filed a lawsuit yesterday at the U.S. District Court for the Eastern District of Pennsylvania claiming Southeast Delco school system administrators failed to protect their children from the abuse by a teacher who has previously been investigated.

In court documents, the families say their children were abused on multiple occasions by Darby Township School teacher Paul E. Hochschwender of Broomall, 55, during the 2013-2014 school year including inappropriate, criminal physical contact, including but not limited to touching the second grade students' chests, buttocks, legs and vaginal areas.

The parents allege in their complaint that the school system was negligent in not conducting an appropriate background check nor did it make any attempt to consult or obtain the readily available records documenting Hochschwender's previous misconduct, and made no inquiry regarding the reasons for his departure from his earlier teaching position.

They also claim the teacher had a previous history of abuse of grade schoolchildren that although reported by parents, did not result in disciplinary action.

"This kind of inappropriate conduct betrays the trust that families place in teachers and school officials for the well-being of their children," says attorney for the families Gerald J. Williams of the Philadelphia law firm Williams Cuker Berezofsky. "No lawsuit can completely undo the harm it does to kids, but it can shine a light on what happened here, and maybe keep it from happening to other children."

According to the complaint, similar allegations were made by students and families at a previous Delaware County school between 1993 and 2000. The lawsuit further alleges Hochschwender abused children in 2006-2007 and 2011-2012 at the Darby Township school.  In the 2006-2007 incident, no disciplinary action was taken. Neither the school administration nor employees with knowledge reported the incidents to law enforcement or other authorities, which violated the Pennsylvania Child Protective Services Law in effect at the time.

"It is incumbent upon us all, whether we are helping professionals or concerned community members, to be 'watchdogs' over suspicious behavior of those adults who may have the inclination to sexually abuse children," says Deb Castaldo, Ph.D., therapist and author of a book on assessment of sexually abused children. "It is our duty to report suspected abuse immediately."

In 2011-2012, there was an investigation at the school level, and Principal Michael A.P. Jordan reported the incidents only within the school system. The families in the lawsuit claim that due to the inaction and failure to report to the authorities the previous abuse, Hochschwender was "enabled in his persistent pattern of abuse of female students."

"We do expect more people to come forward, unfortunately," Delaware County District Attorney Jack Whelan said during a March 2014 press conference. "This investigation is far from over."

Hochschwender, the Southeast Delco School District, Superintendent  Stephen D. Butz, Assistant Superintendent Jeffrey Ryan and former principal Michael A.P. Jordan are named as defendants in the lawsuit. D.A. Whelan said in March 2014 that the circumstances surrounding the handling of all allegations against Hochschwender were under review. The Delco Times reports that the review is ongoing as of January 6 this year. (DELCO TIMES Mar 2014, Jan 2015)

The teacher was first arrested in March of 2014, with additional arrests in April and May of the same year. In January of this year, he pleaded "no contest" in three cases of abusing  at least nine schoolchildren. The charges in these cases are two counts of institutional sexual assault, a felony of the third degree, and four counts each of indecent assault and corruption of minors according to reporting by the Delco Times. (DELCO TIMES Jan 6,7,9, 2015)

Hochschwender, father of two, is in prison awaiting sentencing on April 7th of this year pending a state Sexual Offenders Assessment Board evaluation to determine if he is a sexually violent predator according to an article in the Delco Times. (DELCO TIMES Jan 6, 2015)

The lawsuit is being filed pursuant to federal civil rights statutes. The plaintiffs are asking for a jury trial and general, compensatory, and punitive damages, attorney's fees, and other relief as deemed appropriate by the Court.

The case is U.S. District Court for the Eastern District of PA, Civ. No. 15-6801 (electronic filing document available to media).

About Williams Cuker Berezofsky
Williams Cuker Berezofsky is committed to protecting the personal and civil rights of individuals. Founded in 1985 with offices in Philadelphia, Pennsylvania and Cherry Hill, New Jersey, the firm represents and litigates on behalf of clients both locally and nationally.

Championing the rights of individuals, the firm investigates matters involving abuse, discrimination and civil rights violations.

The firm also represents citizens affected by environmental contamination at home and work, patients harmed by pharmaceutical products or medical devices, and individuals claiming police brutality and government abuse. Whistleblowers who step forward to call attention to corporate or government wrongdoing contact Williams Cuker Berezofsky to investigate, prepare and submit qui tam and False Claims Act cases to state authorities and the U.S. Department of Justice. 

The firm also represents companies large and small affected by unfair business practices.

Visit www.wcblegal.com.

SOURCE Williams Cuker Berezofsky

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