A setback for former students who claimed they were sexually molested.
By: Jeff Milgram
A Superior Court judge has thrown out two lawsuits against the American Boychoir School, saying that as a nonprofit organization it cannot be sued because employees molested students "no matter how flagrant that conduct may be."
Judge Jack Sabatino ruled Jan. 6 that New Jersey’s Charitable Immunities Act prevented victims from suing the boarding school, but they could sue the employees who abused them.
In his ruling, the judge wrote, "This court is constrained to hold that the act insulates charitable organizations from liability for any degree of tortuous conduct, no matter how flagrant that conduct may be." He also wrote that the accusations that "employees and agents of the American Boychoir School acted willfully, wantonly, recklessly, indifferently even criminally do not eviscerate the school’s legal protection."
The decision affects two suits by men who accused Donald Hanson, choirmaster from 1970 to 1982, of molesting them as children.
John W. Hardwicke Jr., 45, of White Hall, Md., said Mr. Hansen and three other employees molested him while he attended the school from 1969 to 1971. Another former student, Douglas Palmatier, said he was molested by Mr. Hanson from 1971 to 1979.
More than two dozen other former students have said they were molested at the school.
Mr. Hardwicke said he will appeal the ruling and try to change the law. He said other former students were waiting to see how his suit was resolved.
"I feel responsible that the ruling ruined the chance for other people," he said Thursday.
The ruling protects only the school. Former employees such as Mr. Hanson can still be sued. Mr. Hardwicke has sued Mr. Hanson.
Jay Greenblatt, the lawyer for the school, said he expects the decision to be appealed. "I have no reason to believe it wouldn’t be," he said Thursday.
"I feel satisfied that even without the Charitable Immunities Act, the school would prevail," Mr. Greenblatt said.

