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Misconduct lawsuit against New York City church dismissed following investigation

Saint Thomas Episcopal Church of New York, New York.
Saint Thomas Episcopal Church of New York, New York. | YouTube/Saint Thomas Church 5th Avenue

A complainant has dropped a lawsuit filed against a New York City church over allegations of abuse and failure to properly respond to the accusations after a third-party investigation could not substantiate the claims. 

The complaint had been filed against Saint Thomas Episcopal Church of New York (also known as Saint Thomas Church Fifth Avenue), the Episcopal Diocese of New York, a current staff member and a former employee.

At issue were a 31-year-old male's allegations that individuals affiliated with the church sexually assaulted him and that Episcopal leaders failed to respond to the alleged abuse appropriately.

In a statement posted to Anglican Ink last Friday, St. Thomas leadership announced that “the complainant has officially withdrawn his case,” with “no out of court settlement” or other payments “made to the complainant or any third party.”

Signed by St. Thomas Rector, the Rev. Canon Carl Turner, as well as wardens Lloyd Stanford and Gregory Zaffiro, the statement stated that the decision followed a “thorough third-party investigation of the allegations” that “found no evidence to substantiate the allegations of misconduct, and questioned the veracity of those allegations.”

“The plaintiff’s decision to withdraw his allegations and voluntarily discontinue this lawsuit ‘with prejudice’ means that these allegations cannot be brought again,” they stated.

“This finally draws to a close the matter, and offers great relief to our Saint Thomas Church community — most especially to those who were unjustly accused and personally suffered under the cloud of the baseless and unsubstantiated attacks.”

St. Thomas leadership stressed that “safety of all those in our communities is of paramount importance” and that they are “grateful to be able to put this matter behind us.”

“We take any allegations of sexual misconduct very seriously and have taken steps to ensure that we have the highest regard for the safeguarding of our community,” the church added.

Anglican Watch, an unofficial anti-abuse watchdog group focused on The Episcopal Church, took issue with the statement, claiming that the announcement was “misleading and dishonest.”

According to the watchdog group, two of the alleged abusers “did not deny that they sexually assaulted the plaintiff,” and while the parties did not pay the plaintiff, “the Episcopal Church’s captive insurance carrier, the Church Pension Group (CPG), settled the matter.”

“That speaks volumes, because CPG is not one to part with money willy-nilly,” reports Anglican Watch, which claimed that the parish “has failed for years to run even basic background checks.”

“We also want to remind members of STC: You have a right to the truth about what’s going on in your church. You also have the right to demand an end to the childish, misleading, and un-Christian impression management games going on in the parish.”

In September, a 31-year-old individual filed a complaint against individuals affiliated with St. Thomas, accusing them of having sexually assaulted him on multiple occasions.

The suit alleged that the Rev. Mark Schultz and his same-sex spouse, Erich Erving, each assaulted the plaintiff at a gathering held at an apartment in Manhattan owned by the church.

Additionally, the complaint accused a registered nurse named William Davis, who was a member and employee of the congregation, of inappropriately touching him while at the church.

In response to the litigation, which also named Bishop Matthew Heyd of the Diocese of New York as a defendant, Schultz was put on administrative leave.   

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