Lawsuit Filed Against Gwynedd-Mercy After Employee Molested Teen

LOWER GWYNEDD, PA — The family of a girl who was sexually molested at Gwynedd-Mercy Academy Elementary by a former employee has filed a lawsuit for negligence against the school.

The suit seeks damages against the school, saying that administrators either were aware of the assaults and did nothing, or were not aware when they should have been.

Marcus Forte, 41, of Warrington, was sentenced to five years probation and time served in December on charges of indecent assault of a 13-year-old girl at the school. Forte, who worked in the schools' IT department, allegedly groped and inappropriately touched the victim on numerous occasions, according to authorities.

The lawsuit, filed by the law firm Kline and Specter, alleges that Forte was fired for unrelated reasons in Feb. 2016, but that the assaults continued for a time thereafter. Forte also had a criminal history of similar activity which the lawsuit says the school should have been aware of.

"After the employee was fired in February 2016 – for unrelated reasons, according to the school – officials there did not notify the child’s parents of the conduct with their daughter nor about misconduct involving other young women, including his prior arrest for stalking a teenage girl in Schuylkill County," attorneys Tom Kline and David Inscho said in a statement.

Gwynedd-Mercy Academy Elementary said that they had not been served with the lawsuit yet, and thus could not comment on the allegations.

The specific charges in the suit include negligence, negligent security, negligent supervision, and negligent retention and hiring, according to attorneys.

According to an affidavit of probable cause, Forte and the teen exchanged Facebook messages as well as direct text messages, during which Forte said things like "I love you" and "come visit more often so I can give you more hugs and smooches…and candy of course."

During an interview with police, authorities said Forte admitted he "inadvertently" touched the teen's breast during what he said was "extreme hugging." He also admitted to having the teen in his office during school hours with the door closed.

"Tragically, Gwynedd-Mercy Academy (Elementary) enabled a perpetrator and failed to protect a student, which resulted in terrible harm to her," lawyers added. "This lawsuit seeks not only compensation but also accountability of the school for its failures."

In addition to time served, Forte must also complete 250 hours of community service and report his address to state police for 25 years as part of the state's Sexual Offender Registration and Notification Act, according to court documents.

Image via Upper Gwynedd Police Department