A missing harassment policy didn't sink the district - but something else nearly did
A New York appeals court split a school district's negligence case on what the employer knew - and when the worker reported the alleged abuse.
On July 8, 2026, the Appellate Division, Second Department, reshaped a negligence case against the White Plains Public School District and its board of education, and the outcome came down to timing.
The former employee sued in July 2023 under New York's Adult Survivors Act, saying he was sexually abused during his employment by the district's then-superintendent. He brought claims for negligence, for negligent hiring, retention, and supervision, and for negligent infliction of emotional distress, plus a demand for punitive damages.
The court drew a clear line between what happened before and after the employee said he reported the abuse to his direct supervisor. For conduct alleged after that disclosure, the claims lived on. The plaintiff had raised a triable issue - a genuine factual dispute for a jury - over whether the district had actual or constructive knowledge of the superintendent's conduct.
For conduct alleged before the disclosure, the claims were dismissed. The district showed it had no notice. A board member from the era when the superintendent was hired testified she never heard any allegations or rumors of sexual abuse before the lawsuit landed, and she described the board's vetting during hiring. The district's clerk and two board...
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