Former CT high school student files lawsuit claiming school officials mishandled sexual assault allegations against teacher
A lawsuit has been brought against the town of Newington and its Board of Education by a woman who alleges she was sexually assaulted as a minor by a then-Newington High School employee who has since died.
The 12-page lawsuit – filed this month at Superior Court in Hartford – contends that school officials failed to contact the state Department of Children and Families or police despite a number of warning signs about the alleged behavior of Joshua Berman, including an incident in which a school janitor found Berman and a student alone together in a dark auditorium, according to the civil complaint. Berman’s estate also is named as a defendant in the lawsuit – which was filed by Fairfield-based attorney Cindy Robinson.
Berman – who worked at Newington High between 2013 and 2016 as a theater adviser to the stage crew and an audio visual coordinator – was arrested in late 2019 on sexual assault charges after Marissa Michaels went to police the year prior and told investigators he had sexually abused her while she was a student at the high school.
Prior to his arrest, Berman was fired from the school for reasons unrelated to the sexual assault allegations. He died in May 2022. Judicial records reviewed Thursday did not show any convictions on his record.
Robinson on Thursday said Berman at the time of his death was awaiting sentencing in connection with the accusations.
According to the lawsuit, Berman “sexually abused, sexually assaulted and sexually exploited” her client between 2014 and 2016 while she was a student at Newington High School. She contends the alleged incidents happened both at the school and off school grounds, the lawsuit says.
The Courant would not typically identify the victim of an alleged sexual assault, but Michaels published an “Open Letter to Newington High School” in 2020 in which she identified herself as a survivor. She criticized school officials’ handling of the allegations and said she wanted to use her name and help others out there with similar struggles.
In spring 2014, a janitor at the school discovered Berman alone with Michaels in a dark auditorium in the school, finding “what he saw to be so concerning and inappropriate” that he reported it to the school’s principal and other teachers at the school, the civil complaint contends.
“No report was made to DCF or to the police by the defendants and Berman was allowed to continue to sexually abuse the plaintiff,” Robinson wrote.
Berman, the complaint alleges, would spend “inordinate amounts of time” with Michaels and give her “extensive attention” – something witnessed by school staff. The complaint contends that Berman’s alleged sexual exploitation of Michaels was known or “should have been known” by Newington school officials, and that the lack of action taken caused Michaels physical injuries and emotional distress, impairing her ability to enjoy her childhood.
Robinson on Thursday said Berman worked at Simsbury High School after his employment in Newington. A police investigation tied to his time in Simsbury was launched, she added, calling it “unfortunate” to see history repeat itself because allegations against Berman were not handled properly during his time in Newington.
Maureen Brummett, superintendent of Newington schools, said Thursday she cannot comment on pending litigation.
An attorney representing Berman’s estate could not be reached for comment.
The lawsuit seeks more than $15,000 in monetary, punitive and exemplary damages, as well as “such other relief” deemed “just and equitable.”
“Due to the statutory requirements of confidentiality under Conn. Gen. Stat. 17a-28, the Department is unable to comment on this matter,” DCF Commissioner Vannessa Dorantes said Thursday.
Dorantes also noted, “Regardless of the identity or relationship of the alleged perpetrator to a child, this is a reminder for all members of our community that a reasonable suspicion of child maltreatment can be made to the Child Abuse and Neglect Careline by dialing 1-800-842-2288. The Careline is open 24 hours a day, 365 days a year. Callers to the Careline can remain anonymous.”
