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6  ■  JUNE 28, 2021                            NEWS

        ■ From NEW SUIT on PAGE 5                          Hampshire Department of Safety public infor-
        when they fail to adapt appropriate safety proce- mation officer.
        dures. And we think the evidence will show that       Tammy Jackson, the New Hampshire Judicial
        both tools to establish negligence are going to be  Branch Public Information Officer, said Thursday
        available to the plaintiff at trial. In these cases, as  prosecutors in Grafton County Superior Court
        attorneys who file these suits know, you will have  in New Hampshire didn’t move forward with the
        one or the other—a red flag or failure to adapt ap- case because there was insufficient evidence to
        propriate safety procedures—but it’s unusual to  proceed.
        have both.”                                           Nelson couldn’t be reached at press time. It’s
          The lawsuit, Jane Doe v. The Cheshire Academy,  also not clear if Nelson, who is not a defendant in
        was filed June 7 in federal court in Connecticut.  the lawsuit, has an attorney.
        The suit alleges former teacher Matthew Nelson        Ken Mason, Cheshire Academy spokesperson,
        sexually abused Jane Doe in                                         said Nelson was a teacher at the
        2004, when Doe was 12 years old.                                    academy from July 2003 to spring
          The complaint alleges Nelson                                      2004, when he left the school.
        sexually assaulted the girl during       A former Cheshire            “Cheshire Academy takes the
        a field trip out of state.             Academy student is the       disturbing allegations in the
          With regard to the red flags,                                     complaint very seriously,” Ma-
        the attorney said, “We are still        latest to sue a private     son said in a statement. “Out of
        running down those leads.”              boarding school over        respect for the legal process now
          Andreozzi added, “The insti-         alleged sexual assault.      underway and the privacy of the
        tution needed to be vigilant of                                     individuals  involved,  we  will  be
        the supervision of employees                                        addressing  the  matter  in  court
        and to adapt best practices any-                                    and will not be commenting fur-
        time there is the taking of children off the prem- ther at this time.”
        ises for an overnight, because if anything, we        As of Thursday afternoon, The Cheshire Acad-
        know that abusers capitalize on opportunities to  emy had not hired an attorney to represent it in
        be alone with children. And that is exactly what  the matter.
        he did here.”                                         The lawsuit seeks punitive damages but, An-
          The suit states, “Cheshire negligently and/or     dreozzi said, “There is no specific monetary de-
        grossly negligently hired and/or retained perpe-    mand yet.”
        trator, when they knew or should have known           Andreozzi said Jane Doe, who now lives In Ne-
        that perpetrator posed a threat of harm to mi-      vada, “has been in counsel and therapy. She is
        nors.” The lawsuit doesn’t elaborate on how the     fractured and is trying to put the pieces of her life
        school should have known Nelson allegedly posed     back together and to reclaim her power. This law-
        a threat to students.                               suit is one of the first steps in her doing so.”   ■
          Because the school field trip took place in
        New Hampshire authorities there filed crimi- Robert Storace covers legal trends, lawsuits and
        nal charges against Nelson in 2019—when  analysis for the Connecticut Law Tribune. Follow
        they were first notified of the alleged attack on  him on Twitter @RobertSCTLaw or reach him at
        Jane Doe—according  to Paul  Raymond,  New  203-437-5950.




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