Second Child Victims Act lawsuit filed against McDonogh School

A second former student is suing McDonogh School for enabling child sexual abuse.

An anonymous man, who attended the Owings Mills private school in the 1970s, sued McDonogh last week in Baltimore County Circuit Court on two counts of negligence for failing to protect him and other students.

John Doe 1 alleges he was abused by former faculty members Alvin Levy and Robert Creed from 1974 to 1977. Levy and Creed, both of whom are now dead, abused at least 19 students, according to an independent investigation by T&M Protective Services. Doe was not on that list, but he was a student at the time covered by the investigation.

The complaint alleges that McDonogh knew about Levy’s and Creed’s conduct and did nothing, but includes few details about what happened to Doe.

“This case represents yet another tragic failure of an institution to protect the children under its care,” Nathaniel Foote, the plaintiff’s attorney, stated in a Wednesday press release.

“Despite clear evidence of misconduct by faculty members, McDonogh School allowed these predators to operate unchecked, leading to profound and lasting harm to students, including our client. We are committed to seeking justice for these victims and holding the school accountable for its inaction.”

“Minimal diligence would have revealed to (school leaders) that Mr. Levy, Mr. Creed and other faculty were sex offenders,” the complaint states.

McDonogh’s spokeswoman, Brooke Blumberg, said the school is aware of the lawsuit.

“McDonogh remains committed to fostering a community where students and adults feel comfortable identifying and reporting sexual abuse,” Blumberg said in an email. “We take all allegations of sexual abuse very seriously and remain steadfast in our support for survivors while complying with all applicable laws.”

The lawsuit is at least the third Child Victims Act case brought against a Baltimore-area private school this year, and the second against McDonogh.

In April, McDonogh alumnus Dennis Wedekind Jr. sued the school in federal court, alleging abuse by Levy and Creed. Last month, the Park School of Baltimore was sued by an anonymous woman in Baltimore County Circuit Court. T&S Protection Services also investigated allegations of abuse at Park.

But those cases won’t be resolved until the Maryland Supreme Court decides whether the Child Victims Act is constitutional.

The CVA, passed last year, ended the statute of limitations for civil claims against institutions that allegedly enabled abusers. It allowed victims to seek justice, no matter how long ago they were abused. The Prince George’s County Circuit Court approved the law earlier this year, while the Montgomery County Circuit Court ruled it unconstitutional.

The Maryland Supreme Court heard arguments last month and has not yet issued a ruling.