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Friday, January 29, 2016

Football Coach Philip Foglietta and the Poly Prep Cover-Up

     The Poly Prep Country Day School is an elite, nursery to 12th grade private boy's academy located on two campuses in Brooklyn, New York. Poly Prep's middle and high school buildings are located in the Dyker Heights section of Brooklyn while the lower grades are on the Park Slope campus. As is often the case in schools where the sports program plays an important if not vital role in the institution, faculty member and renowned football coach Philip Foglietta enjoyed icon status during the years 1966 to 1991.

     In 1966, Coach Foglietta's first year at Poly Prep, a male student accused him of sexual molestation. A school administrator informed the boy's parents that an internal investigation revealed the accusation to be false. Moreover, if this student continued to make slanderous claims of this nature, the boy would face "severe consequences." The administration's handling of this case not only silenced the accuser, it became the school's future modus operandi in such matters.

     After 25 years as Poly Prep's most successful football coach, Foglietta unexpectedly retired in 1991. In honor of his legendary coaching career and important contributions to the institution, the school hosted a gala celebration held at the Manhattan Athletic Club. Members of the Poly Prep community, and the public at large, were not told of the real reason behind the coach's "retirement." He had been forced to quit as a result of accusations of "sexual misconduct."

     Following Coach Foglietta's death in 1998, Poly Prep established a memorial fund and solicited donations in his name. Four years later, in a letter to all alumni, the Poly Prep administration revealed that for years Coach Foglietta had been suspected of sexually abusing his students. According to this 2002 letter, administrators had "recently received credible allegations that sexual abuse had occurred at Poly Prep more than 20 years ago by a faculty member/coach who is now deceased." Everyone familiar with the school knew that coach was Philip Foglietta. The author of this revealing letter promised a thorough internal investigation of the accusations. (If the school actually conducted such an inquiry, no report of it surfaced. Moreover there was no indication that these "credible" accusations were ever passed on to the police.)

     In 2004, a Poly Prep alumnus named John Paggioli, alleging that as a student he had been sexually molested by Coach Foglietta, filed a lawsuit against the school. A year later, a judge, citing New York State's statute of limitations on such claims, dismissed the action. (In New York, a sexual abuse claimant must file suit within five years of his or her eighteenth birthday.)

     On October 26, 2009, twelve Poly Prep alumni, claiming sexual abuse by Coach Philip Foglietta, filed a Racketeer Influenced and Corrupt Organizations Act (RICO) suit against the school in the Brooklyn District Federal Court. The plaintiffs alleged a 40-year criminal conspiracy to quash and cover-up student complains of sexual abuse allegedly committed by Poly Prep's greatest football coach.

     According to court documents, current and former Poly Prep headmasters knew that Coach Foglietta had sexually abused "dozens if not hundreds of boys." The plaintiffs alleged "Poly Prep administrators had...knowledge of Foglietta's sexual abuse of numerous boys at or near the school, but condoned and facilitated Foglietta's criminal behavior because he was a highly successful football coach and instrumental in raising substantial revenue for the school."

     In filing a RICO action, a technique the FBI used to cripple the Mafia, the Poly Prep plaintiffs were using this federal law as a way around the statute of limitations. These lawyers were asking the court to consider a sexual abuse defendant's repeated misrepresentations and deceitful conduct as a legal justification to override the application of the statute of limitations. These attorneys were attempting to create a legal exception to the doctrine that bars legal relief in older cases.  

     On August 28, 2012, in a 40-page decision, Judge Frederic Block of the Brooklyn District Federal Court, allowed two of the twelve plaintiffs to go forward with their RICO claims against current and former Poly Prep administrators. If these plaintiffs prevailed under the RICO statute, other institutions like universities and churches could be faced with a flood of sexual abuse lawsuits previously blocked by statutes of limitations. For this reason future sexual abuse plaintiffs and their potential defendants were closely following the the Poly Prep RICO suit.

     On December 26, 2012, the school settled the landmark lawsuit out of court. As a result, there would be no legal precedent for other victims in old cases. In February 2014, the school issued a formal apology to all of the students sexually abused by the iconic coach and serial child molester. 

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