Local school districts are facing lawsuits over educator sexual misconduct with students, as calls grow in Massachusetts for a new criminal offense that would make it illegal for teachers, coaches and others to have sex with students under 18.
Across the Bay State, there are numerous civil cases involving those in positions of authority in schools. Employees in power are accused of grooming teens and having sex with them once they turn 16, the age of consent.
The educators won’t face criminal consequences for such conduct under current Massachusetts law, but there’s a push to close that criminal loophole.
A proposed bill in the Massachusetts Senate budget would create a new criminal offense covering teachers, coaches, tutors, paraprofessionals, mentors, and others who engage in sexual conduct with a minor under 18 in their care.
A child under 18 would be incapable of consenting to such conduct, regardless of whether the adult’s position of authority has technically ended.
“We think this will absolutely chill these perpetrators from trying to groom a young person,” State Sen. Joan Lovely, a Salem Democrat, told the Herald about her bill.
“We’re seeing a lot of these cases in school settings all across Massachusetts and the country,” she added. “It’s so rampant. This is just the tip of the iceberg.”
Under her bill, educators convicted of having sex with students under 18 could face 20 years in prison for rape, and 10 years behind bars for indecent assault and battery.
One such sexual abuse civil case that’s in Massachusetts federal court involves a reported inappropriate sexual relationship between a student and staff member at Bristol County Agricultural High School in Dighton.
The former student, Jane Doe, is suing Bristol Aggie along with school officials and the former lead maintenance foreman, who’s 25 years older than Jane Doe.
The student when she was under 18 worked in the Facilities Department through Bristol Aggie’s Co-Op program. The foreman allegedly groomed Jane Doe, and began to send her nude photos of himself.
According to the lawsuit, he first had sex with Jane Doe in the attic of Bristol Aggie’s cafeteria. Then they started to have sex all across campus.
“Jane Doe’s education has been unreasonably interfered with and she was subjected to an intimidating, hostile, humiliating, and sexually offensive educational environment, resulting in Jane Doe suffering from physical harm, psychological harm, indignity, humiliation, severe emotional distress, and mental anguish,” the lawsuit reads. “Jane Doe is currently receiving mental health services and will likely require future treatment.”
Jane Doe’s lawyers are suing the district, officials and the former employee for negligence, willfulness, wantonness, and/or recklessness, intentional infliction of emotional distress, negligent infliction of emotional distress, and more.
“Bristol Aggie made a conscious and intentional decision to ignore the risks of, and failed to respond to the known acts of, grooming, inappropriate behavior, sexual harassment, and sexual abuse and deprived Jane Doe of the educational benefits or opportunities provided by Bristol Aggie and created a hostile educational environment,” the lawsuit reads.
The school district in response to the lawsuit argued that the age of consent is 16, and that this was a consensual relationship.
“It is not clearly established that a 17-year-old’s due process right to bodily integrity is violated when they willingly engage in a consensual sexual relationship with a coworker who is also employed by their school,” the school district’s lawyers wrote.
“Here, the plaintiff does not allege that her sexual relationship was non-consensual,” the attorneys added. “She was over the age of consent at all times.”
But under the Senate bill, a student under 18 would be incapable of consenting to any such sexual conduct.
Attorney Scott Lang is representing Jane Doe in the suit against Bristol Aggie.
“Putting teeth in a criminal statute — saying that these individuals are not able to consent in this type of situation — would go a long way as a deterrent,” Lang said. “We need a statute to protect these young people from being targeted, groomed, and sexually abused by those who are supposed to be trusted in a position of authority. Young people are extremely vulnerable in these situations.”
Lang in a different lawsuit is representing the family of a late student against Greater New Bedford Regional Vocational Technical School District.
That reported inappropriate sexual relationship between a staff member and Jacob Pothier ultimately led to the 18-year-old’s death, according to the suit.
A security guard at the school reportedly groomed, sexually harassed, stalked, and sexually abused Pothier. In exchange for sex, the security guard provided Pothier with alcohol, marijuana, clothing, jewelry, food, and money.
Then in 2024, the pair got in a horrific car crash. The speeding vehicle slammed into the corner of a bridge, and they were both ejected from the car.
Inside the vehicle, police found several nip bottles of Smirnoff vodka.
Pothier died on impact from the crash, and the security guard was seriously injured.
“Jacob was continually groomed, sexually harassed, sexually abused, stalked, subject to sexual violence, abandoned by the District and/or GNB Voc-Tech, and/or otherwise harmed, causing his untimely death,” the lawsuit reads.
An attorney representing the school district said in a statement, “Jacob Pothier’s death is a tragedy, and the District recognizes the profound loss experienced by his family, friends, and the Greater New Bedford community. While we cannot comment in detail on pending litigation, the District believes that the evidence will show that it acted appropriately at all times and in accordance with its obligations. The District intends to continue defending the case through the legal process.”
When it comes to Lovely’s Senate bill, Lang said it’s urgently needed for the Legislature to pass the proposal and for the governor to sign it to “protect the students in our state.”
Advocate Jetta Bernier — of the organization Enough Abuse, which has the goal of ending child sexual abuse — said it would be “unconscionable” if the bill doesn’t pass this session.
As of last year, Enough Abuse had counted 49 lawsuits related to Mass. educator sexual misconduct since 2010.
“Given the crisis we’re facing, the time is now,” she said. “This is long overdue.”
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