Will Marlboro school board launch investigation after student faced 'offensive touching?'

MARLBORO — The Marlboro Township Board of Education is debating whether to launch an internal investigation and file a malpractice claim against the board's former attorney in the wake of allegations that a teacher touched a child at Memorial Middle School.

On Tuesday night, the school board met and debated whether administration and board members responded appropriately to the allegations. They also discussed the impacts of a related letter sent to the child's parents by then-board attorney Marc Zitomer of the law firm Schenck Price.

Last month, Marlboro police charged teacher Jenna Sciabica with harassment, a petty disorderly persons offense, and described the incident with the student as "offensive touching over the clothes by the teacher upon the student in a hallway of the school." Police said the incident was witnessed by a school staff member.

Sciabica's attorney Mitchell Ansell told the Asbury Park Press in April that he planned to file a defamation lawsuit and called the accusations "false and baseless."

Board members said the board attorney's letter to parents following the initial allegations of an attack appeared to blame and "shame" the parents for the incident. Zitomer has since been replaced on the board.

In an hours-long meeting Tuesday night, board members argued over who knew about the letter, how the letter was sent to the parents without the board's approval, and what should be done to prevent a similar situation from happening in the future.

Board of Education member Aditi Gandhi called for an independent review of the administration's and board members' responses to the incident.

"This is not to… point fingers at anyone, whether it is the board or the administration," Gandhi said. "We've never encountered a situation like this as a board. So (it is) to really take a thorough look inside and figure out what we did well, where were the gaps, what we can do better, God forbid, if we're ever put in a situation like this again. And I think it's really important that we do this."

Other board members questioned who would perform an independent review, how the review would be completed, and if there would be significant costs associated with such an action.

"I want to make sure whatever we do… is fiscally responsible," said board member Aldo Patruno.

The board agreed to table the motion to give members more time to consider the proposal.

The school board also discussed filing a malpractice claim against Zitomer, the board's former attorney.

"I felt blindsided… because I didn't know that it (the letter) shamed the family," school board President Valentina Mendez said during the board meeting.

Patruno said Zitomer's letter to the student's parents is "potentially exposing the board to unnecessary liability by circumventing us as a client and sending unauthorized and unapproved correspondence on our behalf."

The board agreed to discuss the malpractice claim vote further in a closed meeting. It was not immediately clear Tuesday night if the board planned to move ahead with the claim.

The Marlboro school board is scheduled to meet again at 7 p.m. May 7 at Memorial Middle School, 71 Nolan Road, Morganville.

Amanda Oglesby is an Ocean County native who covers education and the environment. She has worked for the Press for more than 15 years. Reach her at @OglesbyAPP, aoglesby@gannettnj.com or 732-557-5701.

This article originally appeared on Asbury Park Press: Marlboro school board considers inquiry following inflammatory letter