Posted at: 01/15/2013 10:48 AM
Updated at: 01/15/2013 5:45 PM
By: Amanda Ciavarri
A Rochester City School District physical education teacher is charged with sexually abusing one of his students. Police say the abuse happened almost seven years ago.
Police say the abuse happened at School No. 19 during the 2006 and 2007 school year. Matthew Lomaglio, 36, of Irondequoit is charged with sexual abuse. Prosecutors tell News10NBC Lomaglio is accused of inappropriately touching a boy under the age of 11-years-old during that school year.
News10NBC has learned that Lomaglio is still on job, but had been taken out of the classroom.
At court Tuesday, News10NBC asked why an arrest is being made six years later.
Kyle Rossi, Assistant District Attorney, said, “Part of it is about the reluctance of a child to disclose sexual abuse. I don't think it's something anyone would want to talk about. I can tell you in 99% of the cases that we see I can probably think of one where there was an immediate disclosure and that's out of the hundreds and hundreds of cases we prosecute each year.”
Assistant District Attorney Kyle Rossi says they were lucky to find out about this case at all.
Rossi said, “When there is a disclosure, it is by accident. They confide in someone that they trust and it somehow gets to an adult that reports it. That certainly plays into how this came to the attention of the police.”
The investigation began last May. The Rochester City School District says they acted right away, pulling Lomaglio out of the classroom when it came to their attention.
Amanda Ciavarri, News10NBC, said, “People are going to want to know why he is still employed with the district, can you explain that for us?
Dr. Adam Urbanski, Rochester Teachers' Association President, said, “He is still employed for the district cause the case is still pending. And you are innocent till proven guilty. The matter has not been resolved yet. But he is not teaching, he is not having any direct contact with any students. He is assigned to a location to where he has desk work.”
Dr. Adam Urbanski, the President of the Rochester Teachers' Association, explained the district takes the charges very seriously, but at the same time, he wants to be fair to the accused teacher.
Ciavarri said, “Why did the district decided to remove Mr. Lomaglio as soon as they learned of the police, criminal investigation?”
Urbanski said, “It is standard procedure for school districts and certainly ours, that when there are allegations that involve students, the district does what's the safest thing to do which is to insure that until the allegations are address, that the particular teacher or staff person is not in a position to have direct contact with students.”
While police believe these charges stem from things that happened while Lomaglio was at School No. 19, News10NBC found that he also worked at School No. 54. A spokesman for the district says they haven't notified parents at either school about the investigation or the charges yet, but that doesn't mean they won't. Right now, they haven't had concerned parents call and ask so they didn't see the need to notify parents.