After a jury awarded $25 million against the Bay Shore School District for maintaining Thomas Bernagozzi’s employment, despite allegations of sexual abuse, a Suffolk County judge tossed the award and called for a significantly reduced settlement or retrial.

The district had been found liable for maintaining Thomas Bernagozzi’s employment as an educator, despite allegations he sexually abused students. While the ruling of liability still stands, the judge’s decision will result in the plaintiff receiving $4 million instead of the original $25 million, or a new trial will commence regarding the amount of damages. 

The suit in question had been brought by an individual who claims to have been sexually abused while a third-grade student in Bernagozzi’s class at Gardiner Elementary School.

Between the years of 1970 and 2000, the 76-year-old Babylon resident Thomas Bernagozzi  worked as a third-grade teacher at Gardiner Manor Elementary School and Mary G. Clarkson Elementary School. Under the Child Victims Act, 45 individual victims filed lawsuits against both the Bay Shore Union Free School District and Bernagozzi for his alleged sexual abuse, citing that the district did not do enough to prevent the abuse.

Bernagozzi has been charged with criminal sex act with a child under 13 years of age and course sexual conduct with a child under the age of 11, as well as possession of child pornography for allegedly possessing five images of a former minor student with his genitals exposed.

The uninsured claim brought against the Bay Shore School District under the Child Victims Act went to trial in October of last year. A Suffolk County civil court jury awarded $25 million to the plaintiff. The jury had also found the Bay Shore school District liable for negligence in supervision and acting with reckless disregard for continuing Bernagozzi’s employment as a teacher, despite allegations of abuse.

Yet, according to a transcript of the proceeding, on March 20, a Suffolk County judge ruled that a retrial for damages may commence, unless both parties agree that the amount awarded to the plaintiff be lowered to $4 million, a drastic decrease. The ruling holding the district liable still stands.

At least 45 claims have been filed against the Bay Shore School District involving Bernagozzi, and other claims that have been settled so far have averaged about $3 million each.

The district’s annual budget for the 2024-2025 school year is $197 million.

Steven J. Maloney, superintendent of Bay Shore Schools, addressed the district’s choice to seek judicial review of the jury’s decision in a letter to the community.

“The decision to request the trial judge to review the jury’s determination was not made lightly, as it brought renewed attention to an already challenging situation. We trusted that the trial judge would weigh all factors and determine the path forward. As a district, we remain committed to acting with fairness and understanding, while ensuring that all actions and outcomes allow our students and school district to continue to thrive,” he wrote.