The Newburgh Enlarged City School District agreed to settle for $11 million with two plaintiffs who accused a former gym teacher, now deceased, of sexual abuse against them during their elementary years.

Two lawsuits, filed by Sandra Burke in 2019 and Alicia Kirby in 2020, were filed against former gym teacher Sherman Memmelaar of the former Union Grove Elementary School in Newburgh. Both women were represented by attorney Evan Foulke of Foulke Law Firm, PC in Goshen. The lawsuits were filed under the 2019 New York State Children Victims Act (CVA).

The CVA extends the statute of limitations for a survivor of child sexual abuse in criminal and civil cases in New York. This means there is now more time for a survivor of child sexual abuse to press criminal charges. And, in civil cases, the CVA extends the period of time during which a survivor of child sexual abuse can file a claim for money damages. The Child Victims Act look-back period ran until August 14, 2021 after the period was extended due to the COVID-19 pandemic in 2020.

In 1969, Sandra Burke began kindergarten at Union Grove, which served kindergarten through fifth grade. It was upon entering the first grade that sexual abuse began by Memmelaar, a well-known teacher and figure who was nicknamed “coach.” From first grade into the early part of fifth grade, Burke alleges she was repeatedly abused by Memmelaar sexually in various heinous ways.

The suit said similar acts were also conducted by Memmelaar with Kirby who was in the fourth grade in the 1978/79 school year. Foulke said that to his knowledge, there were no other students abused by Memmelaar to the extent that Burke and Kirby were. Other former students testified about his abuse and abnormal behavior, particularly with female students.

“Four years of litigation we developed a record of many students between kindergarten and fifth grade, who had seen similar abusive things, who witnessed girls being held after gym class, who witnessed Sandi being removed from gym class. Students that were very offended by Memmelaar’s touching of the students all the time,” said Foulke. “Teachers saw these things and they did nothing.”

Memmelaar retired from education in 2001 and also worked as a football coach, a wrestling coach and a coach for girl’s track. He was 74 when he died by a self-inflicted gunshot at his home on October 13, 2019 after being named in Burke’s lawsuit. A reported note was left denying the accusations made against him.

It was reported that Burke, who brought the first lawsuit, would be awarded $8.25 million from the settlement while Kirby would be awarded $2.75 million.

“It’s an empty victory in a lot of ways, because you can’t give Sandi and Alicia back their mental health,” said Foulke. “You can’t make them whole, you really just can’t give them justice. You can’t give them full justice. It’s impossible. These things that were taken from them are priceless.”

The former Union Grove school building was demolished and what currently stands on the property is the active Finkelstein & Partners, LLP building. The Newburgh school district and their attorney were contacted for comments but were deferred to the district clerk for information on the settlement. The Mid Hudson Times is awaiting a response.