MAPLEWOOD, NJ — The Columbia High School baseball coaching staff has denied that it repeatedly bullied a former player in court documents filed in response to the former player’s lawsuit against the coaches.
In both the original answer and an amended version filed by attorney Ed Thornton in June and July, coaches Joe Fischetti, Matt Becht, Sam Maietta and Steve Campos denied all accusations that they bullied David DeFranco or any other player in the CHS baseball program. Additionally, the documents present explanations and differing versions of events DeFranco alleged had happened during his time on the team.
In one such instance, the coaches admitted they may have used expletives, but denied they were directed at DeFranco or any individual player. They also denied making sexist remarks. And while they did admit student athletes once posted an offensive sign about a player, they denied they allowed it to be displayed and actually instructed that it be removed immediately after becoming aware of it.
The coaches also denied that DeFranco was not invited to attend 2015 weekend hitting and pitching practices in retaliation for making harassment, intimidation and bullying complaints against them. Instead, they said not every player was invited because the practices are in an indoor facility with limited space. And since DeFranco “rarely attended” the practices when he was invited the year before, he was not asked again.
Later in 2015, DeFranco was cut from the baseball team, which he alleged was the result of further retaliation against him. But Fischetti, Becht, Maietta and Campos deny this was the case.
“Plaintiff was cut because he was not as skilled as other players,” the answer reads.
DeFranco was eventually reinstated to the team, after complaining to the South Orange-Maplewood Board of Education, but he said the coaches would often demean him by telling him he would be starting games and then benching him instead. According to the coaches, however, this pattern of behavior did not occur. They did admit DeFranco was once told he would start a game as catcher — if the regular shortstop pitched. On the day of the game, it was decided the shortstop would not pitch, so DeFranco did not start.
The coaches further denied they “unlawfully restrained” DeFranco in their office and “relentlessly belittled, denigrated, harassed, intimidated and bullied him” because of filing HIB complaints against them with former district anti-bullying coordinator Phil Stern. The documents offer differing explanations for DeFranco’s allegation of being held “captive,” with the original answer stating Becht stood by the door so no other players could intrude on a sensitive conversation about playing time taking place, while the amended response claimed it was because Maietta and Campos were changing clothes on the other side of the small room. Both documents stressed that the discussion was about playing time.
“Fischetti and Becht asked plaintiff why he spoke to Phil Stern, since plaintiff had previously agreed to address playing-time issues with the coaches,” the amended answer reads. “Fischetti and Becht encouraged him to speak to them about his concerns regarding playing time, so they could help him.”
The coaches addressed DeFranco’s allegations concerning other players as well. For instance, the coaches denied Fischetti was referring to race when he told a black player: “We need more people like you; you are fast.” They admitted they did want to see more black students participate in baseball, though.
Additionally, the coaches admitted Fischetti conducted a September 2015 meeting, at which he informed players he and Becht were designated as the baseball coaches, as of that time. But they denied Fischetti intended to intimidate them by stating, “Whether you like it or not, Becht and I are going to be your coaches next season.”
Fischetti, Becht, Maietta and Campos argued they also were not trying to intimidate anyone with a sign reading “Losers assemble in small groups and complain about the coaches and other players. Winners assemble as a team and find ways to win.” They did admit, however, an image with this statement could be seen on the CHS Baseball Boosters website. The Boosters organization and its president, William Krais, also denied the sign was for intimidation in their own answers to DeFranco’s lawsuit.
In their separate responses, Krais and the Boosters denied any allegation they had bullied or aided the coaches in bullying DeFranco. Both denied the allegation that they did not permit DeFranco to attend the team’s 2015 year-end banquet, as part of the “campaign of retaliation and with the intent to demean and further deprive David of his rights.”
In addition, Krais’ attorney, Michael Della Rovere, told the News-Record he does not believe his client should even be included in the lawsuit.
“We don’t think he’s a proper party and it’s our intention to move to get him dismissed from the case as soon as possible,” Della Rovere told the News-Record in a phone interview on Friday, Sept. 30. “We believe he’ll be dismissed from this case.”
Della Rovere said he is waiting for the discovery process to be completed and evidence to be exchanged, before filing for a dismissal on behalf of Krais. But since his client is currently still facing litigation, he said he could not comment on the specific allegations of the case.
The rest of the defendants — the Board of Education, the school district, Columbia High School, CHS Principal Elizabeth Aaron, former acting Superintendent James Memoli and CHS athletic director Larry Busichio — also denied the allegations against them, in a response filed by attorney Howard Nirenberg. These allegations include not taking action against the coaches, despite DeFranco bringing the coaches’ conduct to their attention; neglecting their obligation to enforce anti-bullying policies; and failing to properly assess and hire competent coaches. They did admit they did not address some of DeFranco’s HIB complaints in a timely fashion, though they denied his reports were ignored.
Aside from their denials, the defendants also included lengthy lists of separate defenses in their responses. All the defendants alleged DeFranco’s own negligence or actions caused any damages he suffered. The coaches, the Boosters and Krais alleged the damages were caused by their co-defendants or third parties not in their control. And the Boosters also argued they are not a public school or school employee, so they should not be subject to the New Jersey Anti-Bullying Bill of Rights Act.
With the exception of Della Rovere, the attorneys for the defendants did not respond to requests for comment before press time on Tuesday, Oct. 4. DeFranco’s attorneys, Jeffrey Youngman and Luanne Peterpaul, also did not respond to requests for comment.
Of course, the DeFranco lawsuit is not the only HIB-related matter impacting the South Orange-Maplewood School District. Fischetti and Becht recently appealed the findings of an independent investigation into some past HIB complaints that found they had used inappropriate language in 2014. Steve Farsiou, their attorney for that matter, previously told the News-Record he intends to file an appeal with the Commissioner of Education’s Office if the Board of Education does not rule in their favor. Farsiou also said he plans to file an administrative or civil lawsuit on their behalf if the two are not rehired as coaches for the 2017 season.
Meanwhile, Randy Nathan, another parent who has long claimed the coaching staff bullied his son, Alex, also has appealed some of the independent investigation’s findings, since he has alleged that the coaches committed more incidents of HIB than just the language issue. If the board does not find in his favor, Nathan previously told the News-Record he might consider appealing to the Commissioner of Education’s Office. But right now, he is focused on his hearing, set for Thursday, Nov. 17, before an administrative law judge, regarding his petition against the board concerning the handling of the HIB investigations involving his son.
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