Deal struck in ’04 elementary school abuse case

Teacher allegedly taped ex-student’s mouth shut; district to pay $33,250

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updated 4:52 p.m. ET July 10, 2007

ROME, N.Y. - A school district agreed to pay $33,250 to settle a lawsuit by a former student who accused an elementary school teacher of wrapping tape around his head for talking too much.

Adam Roser, now 16, claimed Elaine Main wrapped tape around his head several times, covering his mouth, ears and nose for several minutes in January 2004. Roser had attention deficit hyperactivity disorder and was being treated by a school psychologist, the lawsuit said.

The settlement was approved Monday by state Supreme Court Judge John Grow.

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Mark Wolber, a lawyer for Roser, and his mother argued that the Vernon-Verona-Sherrill school district in central New York “did not do enough in response to what occurred.” But he said the settlement was “sufficient to deter teachers and school districts from treating these incidents lightly.”

Calls to a law firm representing the school district and Main were not returned. The district’s superintendent, Norman Reed, declined to comment.

Main is still listed on the school district’s Web site as a teacher of remedial math at E.A. McAllister Elementary School. Wolber said she was suspended for 30 days and deducted one week’s pay.

The lawsuit maintained that the teacher subjected Roser to ridicule by his classmates, causing him “pain and fear of attending school.”