Laurel Highlands Abuse Victims of Martin Gatti and Daniel Cervone
Fighting For Important Causes In State And Federal Courts
The recent arrests of two Laurel Highlands High School teachers – civics teacher Martin Gatti and JROTC instructor Daniel Cervone – have rightfully shaken the community to its core. When one, let alone two, educators are alleged to have sexually abused a child, it is no longer just a series of isolated incidents; it is a profound signal that the systems meant to protect our children have failed.
According to investigators, the abuse involving Daniel Cervone allegedly took place over several years, occurring inside his classroom office and on school property. In my three decades of advocating for child sexual abuse survivors – including victims of Jerry Sandusky at Penn State – I have seen a recurring, devastating pattern: communities give schools their children and trust, only to have administrators give predatory teachers the ammunition essential to abuse – access and indifference.
Predators are drawn to teaching because the profession provides them with power, credibility, and proximity to victims. When school districts “pass the trash” by moving teachers or “callously turn a blind eye” to protect their own reputations, they become complicit in the trauma that follows.
The bravery shown by victims who recently came forward at Laurel Highlands is incredible. Their courage should be a call to action for every parent an former student who has felt that asking for help would be futile or met with hostility. It is time to demand more than just training sessions; we must demand institutional accountability.
Shubin Law is committed to supporting survivors in their pursuit of justice. If you or your child has been affected by these incidents, you do not have to face this alone. No institution, no matter how powerful, should be permitted to escape justice after failing its legal and moral duty to protect our children.
For a free, confidential case evaluation, call The Law Office of Andrew Shubin’s sexual abuse victim attorneys at (814) 826-3586 right away.
Bringing a Lawsuit for Sexual Abuse Victims in Schools
Victims of sexual abuse in a school are entitled to justice for what happened to them.
Elements of a Claim
Sexual abuse claims are typically based on intentional or unwanted touching. At the very least, we can bring claims for assault and battery, if not affirmative sexual abuse or rape.
Assault consists of putting the victim in apprehension of immediate unwanted or injurious touching, and battery claims require showing that you actually experienced unwanted or injurious touching at the hands of the abuser. More specific sexual assault claims often allege touching over or under the clothes or actual intercourse.
Allegations in This Case
The conduct alleged against teacher Martin Gatti is an attempt to kiss a student. This would qualify as assault at the least, given the attempted unwanted touching. It would also qualify as battery if the teacher made physical contact.
In the case of instructor Daniel Cervone, the allegations are of “sexual assault” and specifically allege that the student had sex with the instructor once. If the victim was a minor, that would constitute sexual assault in a civil case.
How to File Against a School
Lawsuits for sexual abuse can be filed against both the abuser and potentially against the school, in this case, Lauren Highlands High School.
Suing the Individual Abuser
Individual abusers are responsible for their own actions. That means you can sue them directly for what they did to you.
Suing the School
However, when abuse occurs in a school, the school faces liability in two ways:
- In their role as the abuser’s employer, they might be responsible for abuse that occurred within the teacher’s job.
- Independently, the school might be responsible for failing to investigate past allegations and punish abusers, for failing to properly screen teachers, and for other safety or policy failures.
Issues in This Case
In this case, it must be noted that Laurel Highlands High School has disclaimed any prior knowledge or involvement in these cases. However, our attorneys for abuse victims may be able to investigate further and obtain documentation to show whether the school could be responsible for mistakes or failures that allowed this abuse to occur on their watch.
Damages for Sexual Abuse Victims at Laurel Highlands High School
The damages that any individual abuse victim can claim will depend heavily on the damages the victim suffered. Each case is unique.
Economic Damages
Economic damages for sexual abuse may include medical and mental health expenses. For example, going to the hospital and having a “rape kit” performed to gather evidence may cost money. If the victim was struck or suffered more serious injuries, additional medical care may be needed. In many cases, ongoing therapy bills will certainly be needed.
If the sexual abuse causes depression and other mental health effects that make it hard for the victim to work, ongoing and future lost wage damages may also be available.
Non-Economic Damages
Non-economic damages can be paid to cover the intangible harms you face:
- Physical pain and discomfort
- Mental suffering
- Emotional distress
- Mental anguish
- Embarrassment
- Loss of reputation
- And more.
These values are not based on things like bills and expenses, and instead need to be assessed on a case-by-case basis. Without significant physical injury or expenses, these emotional damages are often the biggest area of compensation.
Punitive Damages
Individuals and schools can also be made to pay additional damages to punish them for bad behavior. Reckless and intentional conduct often qualifies for punitive damages.
Are Civil Sexual Abuse Charges Separate from Criminal Charges?
Both teachers at Laurel Highlands have been arrested and charged with crimes for what the students allege they did. However, this is not the end of things. Civil claims are completely separate and serve a separate interest: compensating the victim.
Criminal Cases
In a criminal case, the defendant is charged, arrested, and put on trial. The end outcome is often criminal punishments – jail time and fines.
Prosecutors need to prove the elements of the crime beyond a reasonable doubt to convict the defendant.
Civil Claims
Civil claims focus on the victim. Instead of punishment, the goal is to pay back the victim for what happened by compensating their expenses, pain and suffering, and emotional distress.
The burden of proof is lower, and each element only needs to be proven “by a preponderance of the evidence” (i.e., a “more likely than not” standard).
Why Coming Forward is Important
Officials in these investigations have stated that the second victim to come forward did so because they were encouraged by someone else coming forward first.
Coming forward about abuse allegations helps you and others in many ways:
- You can seek justice against your abuser with a sexual abuse lawsuit.
- The criminal justice system can punish the abuser.
- The school can keep the abusive teacher from hurting anyone else.
- Your bravery can encourage others in similar situations to come forward about what happened to them.
FAQs for Sexual Abuse Claims in Schools
How Likely Am I To Get Damages from the School?
The facts of every case dictate what liability the school might share. We cannot make any promises or claims about cases we have not investigated, but schools can be held liable…
- Because of the actions of its employees within the course of their jobs or
- If the school played a role in allowing the abuse.
How Long Do I Have to Sue?
In both of these cases, it seems the alleged abuse occurred somewhat recently, meaning the current statute of limitations would govern the case. This would give victims until their 55th birthdays to file if they were abused before turning 18. If they were abused at ages 18 through 23 (inclusive), the filing deadline is their 30th birthday.
If sexual abuse occurred before 2019, it might be governed by old statutes of limitations that were in effect at that time, giving a shorter filing period.
Call Our Attorneys for Victims of Sexual Abuse at Laurel Highlands High School Today
If you or your child was a victim of sexual abuse at Laurel Highlands High School, contact our attorneys for sexual abuse victims at The Law Office of Andrew Shubin right away at (814) 826-3586 right away.