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Betrayal of Trust

Published on February 25th, 2020

NJ.com reported that a severely-disabled man who was living at Monmouth Care Center nursing home filed suit against the facility because administrators failed to protect him from being molested by a registered sex offender who was also residing there as a patient. In a lawsuit filed in Superior Court in Monmouth County, the man’s family says Monmouth Care Center officials were aware of Schymanski’s history as a sex offender, but did not provide proper supervision.

William Schymanski, 67, was charged with aggravated criminal sexual contact in May 2018 after he was found molesting another patient, who has cerebral palsy and is non-verbal, according to a police report.  Schymanski also failed to properly register his current address under Megan’s Law. New Jersey’s Megan’s Law database lists Schymanski as a Tier 2, repetitive compulsive sex offender from a 1985 sexual assault conviction.

My brother requires 24/7 care. When he needed to be placed in a facility, I thought they were going to serve his best interests and be safe,” the man’s brother and legal guardian told NJ Advance Media. “I trusted them. This incident changed that.”

Staff at the facility saw Schymanski attempting to pull down the man’s pants in April 17, 2018. His brother told police he didn’t receive a voicemail about the incident until three days later, according to the police report. The incident was not reported to police, according to the attorney for the alleged victim, Daryl Zaslow.

Police were called May 1 after Schymanski was again seen with the other patient – this time molesting the man as they both sat in wheelchairs, police said in the report. Schymanski was arrested and charged at the time, and has since been transferred to another facility. Schymanski denied molesting the man when confronted by officers, according to the police report.

Zaslow said that after the April incident, the Monmouth Care Center failed to do mandatory reporting or research that would have brought Schymanski’s past history of assault to their attention. He alleges the center also violated multiple statutes, such as the New Jersey Nursing Home Residents’ Bill of Rights, by not properly monitoring residents or notifying local law enforcement or state authorities of the initial incident.

“It’s just horrible,” said Zaslow of the Edison-based law firm Eichen Crutchlow Zaslow LLP. “These are our most vulnerable people and (Monmouth Care Center) swept it under the rug. They’re under a legal obligation to protect these members of our society.”

 

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