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THE BRASLOW FIRM, LLC
KETTERER, BROWNE & ASSOCIATES, LLC
BY: Derek T. Braslow, Esquire
230 Sugartown Road, Suite 100
Wayne, PA 19087
Phone (484) 443-4558
derek@KBAattorneys.com
Attorney for Plaintiff
Attorney ID 027581996
CHARLES WICKER : NEW JERSEY SUPERIOR COURT
: LAW DIVISON
: CAMDEN COUNTY
:
:
Plaintiff, : DOCKET NO.: CAM-L-
:
: CIVIL ACTION
v. :
:
CHERRY HILL SCHOOL DISTRICT; :
CHERRY HILL BOARD OF : COMPLAINT; DEMAND FOR JURY
EDUCATION; DEFENDANT DOE 1-10; : TRIAL; DESIGNATION OF TRIAL
REPRESENTATIVE OF THE ESTATE : COUNSEL; CERTIFICATION
DEFENDANT DOE INSTITUTION 1-10 : PURSUANT TO R. 4:5-1
:
:
Defendants. :
COMPLAINT-- CIVIL ACTION
Plaintiff, Charles Wicker, by and through undersigned counsel, The Braslow Firm, LLC
and Ketterer, Browne & Associates, LLC, hereby states as follows in support of his complaint
against above captioned Defendants as follows:
THE PARTIES
1. Plaintiff is an adult citizen who resides in New Jersey. Plaintiff was, at all
relevant times, a minor who was sexually assaulted, and whose identity and address are not
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disclosed herein because of his desire to keep confidential his identity and address pursuant to
the Child Sexual Abuse Act and N.J.R. 1:38-3(c)(12). Plaintiff may be contacted through his
counsel, identified herein. Plaintiff was a resident of New Jersey during the period of childhood
sexual abuse that is the subject of this Complaint.
2. At all times material, Defendant Cherry Hill School District (hereinafter also
referred to as the “District”) was and is an organization and/ or entity and/or educational institution
which includes, but is not limited to, municipal corporations, decision making entities, officials,
and representatives/agents/employees, organized and existing under the laws of the State of New
Jersey with its principal place of business located at 45 Ranoldo Terrace, Cherry Hill, New
Jersey.
3. At all times material, the District owned, operated, managed, directed, and
controlled the public schools and all school premises within its district lines, including but not
limited to James F. Cooper Elementary School (“Cooper Elementary School”).
4. At all times material, the District hired, supervised, oversaw, controlled and
managed all employees, including all teachers who were employed in the schools of the District,
including Cooper Elementary School.
5. At all times material, the District had the power to hire, appoint, supervise,
monitor, and terminate each person working with children within its school district, including all
teachers employed at Cooper Elementary School.
6. At all times material, Defendant Cherry Hill Board of Education and School
Districtand School District(hereinafter also referred to as the “Board”) was and is a
comprehensive community public school district in Cherry Hill, New Jersey, that serves students
from pre-kindergarten through high school, including Cooper Elementary School, and was and is
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an organization and/ or entity and/or educational institution which includes, but is not limited to,
municipal corporations, decision making entities, officials, and
representatives/agents/employees, organized and existing under the laws of the State of New
Jersey with its principal place of business located at 45 Ranoldo Terrace, Cherry Hill, New
Jersey.
7. The Board operates under the supervision of the State Board and/or Commissioner of
Education of the State of New Jersey, and is deemed a place/places of public accommodation as
defined by N.J.S.A. 10:5-5(1).
8. At all times material, the Board owned, operated, managed, directed, and
controlled the District, the schools and all school premises within the District, including but not
limited to Cooper Elementary School.
9. At all times material, the Board had the power to hire, appoint, supervise,
monitor, and terminate each person working with children within the District, including all
teachers employed at Cooper Elementary School.
10. At all times material, the Board had the responsibility to administer and supervise
the employees and students at Cooper Elementary School, as well as set and enforce rules and
policies for the education and protection of students, including Plaintiff.
11. At all times material, Cooper Elementary School was and is an elementary
school located at 1960 Greentree Road, Cherry Hill, New Jersey. The school is part of the
District and Board (collectively referred to as “Defendant Cherry Hill”) and operates under the
supervision of Defendant Cherry Hill.
12. At all times material hereto, Otto Becken, was an employee, servant, or agent of
Defendant Cherry Hill where he worked as a sixth-grade teacher and remedial reading teacher
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and acting within the scope of his aforementioned legal relationship with Defendant Cherry Hill.
13. Defendant District and Defendant Board stood in loco parentis to Plaintiff
during the school day. Further, Plaintiff’s parents transferred to Defendants the power to act as
guardian for Plaintiff during the school day.
14. In or about 2011, Otto Becken died in Pennsylvania.
15. Individual Defendants in the above caption case identified as Defendant Doe 1-10
(said names being fictitious, and hereinafter referred to as “Defendant Doe”), were, at all
relevant times, employees and/or agents of the Defendant Cherry Hill, involved in the operation
of the schools and/or Board and the hiring, admitting, assigning, retaining, and supervising of
teachers, and/or individuals, including Otto Becken. The identification of these individuals is not
known by the Plaintiff at this time in the absence of discovery. Plaintiff reserves the right to
substitute the name(s) for those agents designated as Defendant Doe when and if such
information becomes available.
16. Institutional/corporate Defendants in the above caption case identified as
Defendant Doe Institution 1-10 (said names being fictitious, and hereinafter referred to as
“Defendant Doe Institution”) were, at all relevant times, incorporated and/or established
associations, corporations, institutions, entities, schools, facilities, or other establishments that
employed, hired, certified, assigned, retained, supervised, managed, oversaw, directed,
administrated, and/or otherwise controlled one or more of the Defendants at or during all
relevant times. These Defendant Doe Institutions were/are vicariously and derivatively liable for
the negligent conduct of the aforementioned Defendants under the theories of respondeat
superior, master-servant, agency, and/or right of control.
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17. Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe
Institution 1-10, were empowered by the business to supervise and control all employees and/or
agents within the Board and/or District, including Otto Becken.
18. Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe
Institution 1-10, had/has access to and knowledge of information regarding the sexual
misconduct of employees and/or agents, including knowledge of pedophilia and/or sexually
abusive conduct of individuals within the Board and/or District’s business, including Otto
Becken.
19. At all relevant times, Defendant District, Defendant Board, Defendant Doe 1-10,
Defendant Doe Institution 1-10 in this action were acting by and through themselves in their
individual capacities, and/or additionally by and through their actual and/or ostensible/aided
agents, servants, employees, which include entities and/or individuals over whom they had
control or right of control.
20. At all times material hereto, Otto Becken was acting as a teacher, employee,
agent, servant, representative and/or ostensible/aided agent hired, certified, assigned, retained,
supervised, managed, overseen, directed, administrated, and/or otherwise controlled by and for
one or more of the Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe
Institution 1-10, and was engaged to perform services for the Defendant Cherry Hill, Defendant
Doe 1-10, Defendant Doe Institution 1-10, and was subject to the Defendant Cherry Hill,
Defendant Doe 1-10, Defendant Doe Institution 1-10’s oversight, supervision, management,
direction, control, ostensible/aided control, and/or right to control the physical conduct required
to perform such services.
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21. The Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant
Doe Institution 1-10, were the principals of Otto Becken, and the Defendant District, Defendant
Board, Defendant Doe 1-10, Defendant Doe Institution 1-10, acted only through the natural
persons who were its employees, agents, servants, representatives, and/or ostensible/aided agents
hired, certified, assigned, retained, supervised, managed, overseen, directed, administrated,
and/or otherwise controlled by and for said Defendants.
22. Otto Becken acted as the teacher, employee, agent, servant, representative, and/or
ostensible/aided agent of the Defendant District, Defendant Board, Defendant Doe 1-10,
Defendant Doe Institution 1-10, and acted negligently while in the scope of his duties or
authority, such that the negligence as a matter of law charged to the principal, here the Defendant
District, Defendant Board, Defendant Doe 1-10, and Defendant Doe Institution 1-10.
23. At all times material hereto, Defendant District, Defendant Board, Defendant Doe
1-10, and Defendant Doe Institution 1-10, are deemed negligent for the wrongdoing to the same
extent as the employer, employee, agent, servant, representative, and/or ostensible/aided agent,
Otto Becken.
24. Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant Doe
Institution 1-10, through its teachers, employees, agents, and servants, had authority and
responsibility to address discrimination and harassment (sexual or otherwise) and to institute
corrective measures, and who had actual or constructive knowledge of harassment and
discrimination in the school, and who despite such knowledge, failed to adequately respond to
stop harassment and discrimination against the Plaintiff and failed to take affirmative steps,
which resulted directly in severe sexual harassment and assaults of the Plaintiff.
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25. Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant Doe
Institution 1-10 were responsible for promulgation and enforcement of all policies, customs and
practices for the schools and school district.
26. Defendant Doe 1-10 and Doe Institution 1-10 are fictitious entities and/or
persons that supervised and/or operated the Cherry Hill School District and Board of Education
which failed through their agents, servants, and employees to protect its minor students from
sexual harassment, assault, and abuse.
27. Defendants Doe 1-10 and Doe Institution 1-10 owed a legal duty to Plaintiff to
prevent incidents of sexual abuse of children at Cherry Hill Public Schools, as alleged more fully
herein.
28. Defendant Doe Institution 1-10 are fictitious entities, which employed,
supervised, controlled and/or oversaw the Cherry Hill School District and Board of Education
and Otto Becken, and/or which otherwise owed a legal duty to Plaintiff to prevent the incidents
of sexual abuse of children at Cooper Elementary School suffered by numerous minors at Cherry
Hill Township School District, including, but not limited to Plaintiff, as is more fully alleged
herein.
29. Defendant Doe 1-10 are fictitious persons who employed, supervised, controlled
and/or oversaw Defendant Cherry Hill, and Otto Becken and/or which otherwise owed a legal
duty to Plaintiff to prevent the incidents of sexual abuse of children at Cooper Elementary
School, including the sexual abuse of Plaintiff, as are more fully alleged herein.
30. At all material times hereto, Defendant Cherry Hill was acting by and through its
duly authorized actual and/or apparent agents, servants, and employees their principals, vice
principals, school board, teachers, staff, supervisors, and/or team coaches and/or activity
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coordinators, acting within the course and scope of their actual and/or apparent agency and/or
employment.
31. As recognized by the United States Department of Education in a July 1, 1998
press release, “Schools owe students a safe environment that is conducive to learning and that
affords children equal educational opportunity regardless of sex.”
32. Plaintiff was a student at Cooper Elementary School from 1977-1983.
33. Plaintiff suffered extraordinary and severe harm due to the sexual abuses
committed between 1982-1983 by Otto Becken, and the sexually hostile environment at
Defendant Cherry Hill, which the Defendants failed to correct and to properly address despite
their actual and/or constructive knowledge thereof and due to the negligence outlined below.
34. Before and/or during 1982-1983, Defendant Cherry Hill actually knew and/or had
reason to know that Otto Becken engaged in a sexual offense of flagrantly lewd and
inappropriate conduct and/or sexual abuse/assault which would violate the laws of New Jersey.
35. Defendant Cherry Hill failed to take appropriate actions to protect Plaintiff
against sexual harassment/abuse at Cooper Elementary School despite having actual notice of the
past lewd and/or inappropriate conduct and/or sexual abuse/assault by Otto Becken, all in
violation of the rights guaranteed to Plaintiff by the laws of New Jersey.
36. Defendant Cherry Hill acted individually and through its employees and agents
whose names and identities are not currently known, all of which acted with actual or apparent
authority and all of whom aided in carrying out and/or permitting the sexual harassment/abuse
and assaults of the Plaintiff by the actions and inactions of Defendants.
37. Defendant Cherry Hill, acting through its administrators, and other employees and
agents, knew and/or should have known about the specific misconduct and sexual harassing
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conduct committed by Otto Becken, and was deliberately or recklessly indifferent to this
conduct, as demonstrated by the specific failures described below, thereby exposing and
continuing to expose students in general, and Plaintiff in particular, to a sexually hostile
educational environment.
38. Defendant Cherry Hill should have been aware of the misconduct and sexual
harassment committed by Otto Becken for which Plaintiff asserts claims pursuant to the New
Jersey Law Against Discrimination (“LAD”) violations.
39. Defendants, through their actions and inactions described herein, and through a
pattern of deliberate and/or reckless indifference, created and permitted a severe, pervasive, and
persistently sexually hostile environment, in violation of New Jersey’s Law Against
Discrimination (“LAD”).
40. During and/or before 1982, Defendant Chery Hill knew and/or had reason to
know that Otto Becken posed a risk to students and other male students and yet permitted him to
serve as public school teacher in their school system.
41. The indifference of Defendant Cherry Hill, to the risks posed by Otto Becken, and
its affirmative acts created and/or permitted the opportunity for Otto Becken to commit sexual
abuses/assaults of Plaintiff between 1982-1983, which resulted in a sexually hostile educational
environment.
42. Otto Becken and /or each Defendant was and/or is the agent, subagent, volunteer,
servant and/or employee of the District, the Board, and/or Defendant Does.
43. Otto Becken and/or each Defendant was acting within the course and scope of his,
her or its authority as an agent, subagent, volunteer, servant and/or employee of the District, the
Board, and or Defendant Does.
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44. Otto Becken and/or the District, the Board and/or Defendant Does, and each of
them, are individuals, corporations, partnerships, and other entities which engaged in, joined in,
and conspired with the other wrongdoers in carrying out the tortious and unlawful activities
described in the Complaint, and the District, the Board and/or each Defendant ratified the acts of
Otto Becken and/or Defendant Does.
45. Defendant Cherry Hill is liable for the injuries and damages suffered by Plaintiff.
46. Defendant Cherry Hill herein is directly and vicariously liable to Plaintiff for
injuries sustained as a result of negligence, gross negligence, outrageous conduct, and reckless
misconduct, as described further herein, of persons or entities whose conduct was under their
control, or right to control which conduct directly and proximately caused all Plaintiff’s injuries.
JURISDICTION AND VENUE
47. This Court has jurisdiction over this matter because Defendant District and
Defendant Board are New Jersey corporations with their principal places of business in New
Jersey and because the unlawful conduct complained of herein occurred in New Jersey.
48. Venue is proper in Camden County pursuant to N.J. Rule 4:3-2(a)(3), as Camden
County is the county in which defendants reside. In addition, events that are relevant to this
action occurred within this County.
49. This matter is being brought within the statute of limitations pursuant to N.J.S.A.
2A:14-2a and pursuant to the laws of the State of New Jersey, namely the New Jersey Torts
Claims Act.
FACTUAL SUMMARY
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50. This lawsuit is about an educational institution that had special responsibilities
and obligations to protect children and students from sexual abuse and the complete and abject
failures of that same educational institution to fulfill those responsibilities and obligations.
51. Defendant Cherry Hill failed in its most basic legal duties to guard against a
predator sexually abusing not just one, but numerous minors.
52. Cherry Hill failed in a myriad of ways including, but not limited to not properly
vetting their staff, including Otto Becken; not properly training and/or supervising their staff;
negligently retaining staff they knew or should have known was sexually abusing multiple
students; failing to recognize clear and obvious signs of grooming behaviors by staff; failing to
investigate concerning and/or criminal behavior; and failing to have in place any legitimate
measures to protect against a teacher sexually abusing students.
53. Otto Becken was at all relevant times, acting in the course and scope of his
employment as a teacher and staff member at Cherry Hill, when he openly seduced, coerced,
groomed and manipulated Plaintiff. Becken engaged in a carefully orchestrated yet easily
discernable plot to control and manipulate his victims so that he could engage in illicit and illegal
sexual activity with them, specifically with Plaintiff. The Defendants continued failure to act
allowed Becken to continue his manipulation, grooming and abuse of Plaintiff, resulting in
severe and permanent injuries to Plaintiff.
54. Otto Becken was hired by Defendant Cherry Hill prior to 1980. During his tenure
at Cooper Elementary School, Plaintiff was his student. Becken was a sixth-grade teacher and
remedial reading teacher.
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55. Plaintiff attended Cooper Elementary School from 1977 until he left the school in
1983. Plaintiff was a student in Becken’s sixth-grade class when he attended Cooper Elementary
School.
56. While Becken sexually abused Plaintiff during his tenure at Cooper Elementary
School, he was by no means his only victim. In fact, Becken was accused of sexual abuse by at
least two other students who attended Cooper Elementary School at or around the same time as
Plaintiff, and upon information and belief, abused at least three other students prior to Plaintiff.
57. While employed at Cherry Hill, Otto Becken had a reputation for acting
inappropriate with male students. During his tenure at Cherry Hill on the faculty, upon
information and belief, Otto Becken sexually abused Plaintiff and many more young boys. At all
relevant times, Becken was supervising Plaintiff in his role as a teacher.
58. Becken’s misconduct and sexual abuse was known or should have been known to
the administration of Defendant Cherry Hill. There were numerous times where Becken was
directly observed to be inappropriately interacting with students and, in particular, male students.
Becken repeatedly ate lunch alone with male students in his classroom, had male students
regularly sit on his lap, touched male students, lifted up the shirts of male students and spent an
inordinate and inappropriate amount of time with them. Becken was frequently observed to be
alone in classrooms with male students, including during lunch and at other times when there
would be no reason for him to be alone with a male student.
59. At all relevant times Becken was a servant or agent of Defendant Cherry Hill.
Accordingly, Cherry Hill is liable vicariously and derivatively for the acts of Becken under
theories of respondeat superior master-servant, agency, and/or right of control.
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60. Defendant Cherry Hill, through its agents knew or should have known in the
exercise of reasonable care and supervision that Becken was engaging in the abuse of his
students, specifically Plaintiff, and intervened to either prevent the abuse, prevent his access to
children, or terminate him from the faculty.
61. Upon information and belief, after Otto Becken’s sexual misconduct conduct with
minor students within Cherry Hill schools was reported to the police, he was given the option of
resigning instead of being fired. Even knowing that the investigation involved sexual abuse
against children, Defendant Cherry Hill took no steps to alert potential employers or victims of
the danger Becken posed.
62. Despite concerns, suspicions and reports over Becken’s conduct with minor
students, Defendant Cherry Hill never investigated Becken or reported him to any authorities
prior to 1984.
63. On March 9, 1984, Becken was charged with sexually assaulting two of his
students, 12 year old boys between the fall of 1983 and February 1984 during a lunchtime
remedial reading program.
64. In November 1984, Becken resigned from his position as a teacher under a
settlement reached with Defendant Cherry Hill.
65. In March 1985, Becken pleaded guilty of three counts of sexual assault.
66. At all times relevant hereto, Defendant Cherry Hill was acting by and through its
employees, servants, and agents, in the operation of Cherry Hill and the hiring, admitting,
assigning, retaining, and supervising of teachers, coaches, staff, and faculty members.
Accordingly, Defendant Cherry Hill is liable vicariously and derivatively for the negligent acts
and omissions of these employees, servants, and agents while engaged in the operation of Cherry
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Hill and the hiring, admitting, assigning, retaining, and supervising of teachers, coaches and
faculty members, including Becken, under theories of respondeat superior, master-servant,
agency, and/or right of control.
Charles “Chuck” Wicker
67. At all material times hereto, Chuck (DOB: 10/20/70) was a minor and was 11-12
years old in 1982-1983.
68. Chuck knew Otto Becken as his Sixth-grade reading teacher at Cooper
Elementary School. Becken used this access to groom and isolate Chuck from other adults using
his position of power and trust.
69. The grooming first began with Chuck when Chuck approached Becken at
Becken’s desk with a reading question. Becken told him to come around to his side of the desk
where he put his hand around Chuck’s hip and kept it there for several minutes while he
answered Chuck’s questions. It was at that time when Becken first requested that Chuck come to
his classroom alone during lunchtime so he could help him with his reading.
70. When Chuck arrived at Becken’s classroom alone during lunch hour, Chuck
proceeded to eat his lunch at his desk when Becken got up from his desk and walked over to shut
and lock the classroom door. There was construction paper on the door which covered the entire
door window. In addition, the blinds on the windows were down and the lights were off in the
classroom.
71. Becken sat down next to Chuck at Chuck’s desk and began working on Chuck’s
reading skills. There was just enough light in the classroom, coming through the blinds, in order
to read. It was at that time that Becken wrapped Beckon’s hand around Chuck’s upper thigh and
as he continued to instruct him, Becken placed his hand on top of Chuck’s penis. Chuck looked
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at Becken, but Becken did not remove his hand from Chuck’s penis. It remained there during the
course of his reading instruction.
72. Chuck’s second encounter with Becken during lunch involved Becken sitting next
to him again, except this time Becken put his hand inside and down the front of Chuck’s pants
where he grasped Chuck’s penis.
73. These lunchtime private encounters with Becken, alone in the dark classroom
with the door closed, and Becken touching Chuck’s penis, under his clothes, continued over the
course of the next several weeks. Eventually, the game of UNO was added to reading
instruction, which was played in the area where the class cubbies were located. Cubbies were
arranged so that the area was separate and private.
74. During the games of UNO in the darkened classroom with Becken, when Chuck
lost a hand in the game, Becken told Chuck to go to the coat room or cubbies area and sit on the
bean bag chairs inside that were next to the cubbies. It was there in the back of the classroom
where Becken pulled down Chuck’s pants, and fondled Chuck’s penis until Chuck ejaculated.
Becken had paper towels nearby to clean up the ejaculate in the 6th grade coat room.
75. Throughout the course of 6th grade, the games of UNO continued but the nature of
the sexual assaults near the 6th grade cubbies escalated to oral sex where Becken would place his
mouth on Chuck’s penis, and sometimes Becken would force Chuck to touch Becken’s penis.
76. During one specific assault in the classroom during lunch, Becken advised that
they would be taking a break from reading instruction and instructed Chuck to go to the bean bag
chairs next to the cubbies. In the cubbies area, Becken ordered Chuck to lower his pants at the
same time Becken lowered his pants. Becken then began to masturbate and fondle Chuck’s
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penis at the same time. Then, after falling and rolling on top of the bean bag chairs, he put
Chuck on top of him and penetrated Chuck’s anus with his penis.
77. During some of these encounters, Becken would threaten Chuck with failure if
Chuck did not comply with his sexual demands and/or if Chuck told anyone about the abuse.
78. This abuse lasted the entirety of sixth grade and occurred almost exclusively
during lunch in Becken’s classroom. However, on a week-long class overnight trip to Mt.
Misery, Becken sexually abused Chuck in the cabin Chuck was assigned to, where Becken also
stayed.
79. During the week-long trip at Mt. Misery, Becken assaulted Chuck in the shower
on multiple occasions and in Chuck’s bed during two nights.
80. Chuck also observed Becken assaulting his other classmates in the shower.
81. Faculty members, administration and students alike all saw Becken continue to
have inappropriate conduct and private meetings in the classroom with minor boys and did
nothing to stop what was inappropriate conduct with his students.
82. For decades after the abuse, Chuck was too ashamed to tell anyone about the
abuse he experienced from Becken.
83. At all material times, as a result of the sexual abuse perpetrated by Becken, Chuck
felt enormous shame, humiliation, embarrassment, and/or was extremely confused and conflicted
about the role of sex, love and intimacy in his life.
84. At all material times, as a result of the sexual abuse perpetrated by Becken, Chuck
suffered from extreme difficulty navigating intimate relationships, and/or he has experienced and
continues to experience bouts of anger, difficulties when involved in relationships with women
and attempting to be intimate in the context of these relationships with women.
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85. At all times material hereto, as a result of the sexual abuse perpetrated Becken,
Chuck suffered great permanent harm, including, but not limited to, the following: severe
emotional distress, extreme trauma, depression, anxiety, mental health issues, post-traumatic
stress, humiliation, embarrassment, fear, shame, emotional dissociation, and/or loss of self-
esteem and self-worth, all of which has and/or will continue to require counseling, therapy,
and/or other treatment.
86. Also, as a result of the sexual abuse set forth above and its consequential trauma
and harm, Chuck has suffered a severe impairment and disruption of his enjoyment of life,
identity, intimacy with loved ones, and/or belief structure, including, but not limited to, the
impairment and disruption of his relationship with members of his family, friends,
acquaintances, and/or others.
87. Also, as a result of the sexual abuse set forth above and its consequential trauma
and harm, Chuck has incurred significant past loss of wages and future loss of earning capacity
to his permanent detriment.
88. Chuck’s youth, together with the power imbalance and authoritative inequity
between Chuck and Becken, created a culture and social dynamic that weakened Chuck’s ability
to resist Becken.
89. The sexual abuse set forth above and its consequential trauma and harm, in turn,
caused Chuck to suppress and/or emotionally dissociate his feelings about his traumatic
experience(s), thereby exacerbating its devastating psychological, physical, and social
consequences.
90. Chuck was not fully aware of the causal relationship between the sexual abuse set
forth above, and its consequential trauma and harm, until recently, and continues to endure
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and/or discover trauma and harm relative to the sexual abuse at the present time, which
inflictions of trauma and harm shall and will continue in the future.
91. Other victims’ declarations and/or revelations of their experiences with sexual
abuse and corresponding damages caused by such abuse prompted Chuck to realize he is not
alone, and to acknowledge, address, and/or discover the connection between his abuse and his
corresponding emotional distress, social dysfunction and/or other damages and to speak out
concerning same.
92. Now, in conformity with N.J. Stat. Section 2A:14-2a, Statute of Limitations for
Action at Law resulting from Certain Sexual Crimes [effective December 1, 2019], Plaintiff
brings this action for damages.
93. As alleged in greater detail herein above and/or below, all of Chuck’s harm and
damages were caused by the culpable acts and/or omissions of Defendants.
94. As set forth more fully herein, the negligence, gross negligence, recklessness,
and/or punitive behavior of the Defendants, jointly and severally, was a direct and proximate
cause of harm and damages to Plaintiffs.
95. Chuck’s injuries and/or damages were caused solely by the negligence, gross
negligence, recklessness, and/or punitive behavior of the Defendants, as set forth more fully
herein, and were not caused or contributed thereto by any negligence, gross negligence,
recklessness and/or punitive behavior on the part of Chuck.
96. As a direct and proximate result of the sexual abuse by Otto Becken, Chuck
suffered physical and emotional injuries, as more fully set forth in this Complaint. As a result of
the abuse by Becken, Chuck was severely mentally, psychologically, and emotionally damaged.
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97. All of the above physical, psychological, and emotional injuries were proximately
caused by negligence, carelessness, recklessness, and other tortious and outrageous acts or
omissions of Defendant Cherry Hill as set forth in this Complaint.
COUNT I – NEGLIGENCE
Plaintiff v. All Defendants
98. The previous paragraphs set forth above are incorporated herein by reference.
99. The recklessness, negligence and/or carelessness of Defendants, by and through
their actual or apparent teachers, reading instructors, employees, agents, servants,
representatives, and/or ostensible/aided agents hired, certified, assigned, retained, supervised,
managed, overseen, directed, administrated, and/or otherwise controlled by and for said
Defendants, consisted of, among other things, the following:
a. Failing to properly screen teachers, reading instructors, employees, agents,
servants, representatives, and ostensible/aided agents adequately before placing
them in close contact with children;
b. Failure to properly investigate complaints of sexual abuse, inappropriate
behavior and/or other abusive behavior;
c. Providing “cover” and/or rationalizations for inappropriate/abusive misconduct
by applying euphemistic and false designations to and/or contrived and
imagined explanations for their conduct and/or the reasons for same;
d. Minimizing, ignoring or excusing inappropriate or questionable behavior
and/or misconduct by teachers, reading instructors, employees, agents,
servants, representatives, and ostensible/aided agents over a period of months,
years and/or decades;
e. Failure to properly and/or adequately warn parents, children, and/or the public
at large, including, but not limited to, plaintiff and similarly situated children,
and their parents and/or family members, regarding the inappropriate behavior
and/or misconduct of Otto Becken, other Defendants, and/or other abusive
teachers, reading instructors, employees, agents, servants, representatives,
and/or ostensible/aided agents, despite knowledge of the dangers they
presented and the harmful and complicit culture and environment created by
such failures to warn;
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f. Assigning employees, agents, servants, representatives, and/or ostensible/aided
agents known to have engaged in questionable and/or inappropriate behavior or
misconduct and/or known to be pedophiles and/or sexual predators, including
but not limited to, Otto Becken, and/or other Defendants, to a position in the
business where said individual(s) had/have regular contact with children;
g. Failure to report criminal activity, including child abuse, to appropriate law
enforcement agencies;
h. Negligent failure to provide a safe environment and protective culture to
children within the schools, and/or other external locations operated, visited,
and/or owned and/or operated by Defendants, Cherry Hill Board of Education
and School District, Otto Becken, Defendant Doe 1-10, Defendant Doe
Institution 1-10;
i. Failure to implement and maintain proper and effective policies and procedures
to prevent sexual abuse of and/or other abusive behavior toward children;
j. Negligently maintaining custody, supervision and protection of children placed
in their care by virtue of their authority and solicitation of minors to participate
in their business and/or activities;
k. Failure to properly train teachers, reading instructors, employees, agents,
servants, representatives, and/or ostensible/aided agents to identify signs of
child molestation or inappropriate sexually related behavior to children by
fellow teachers, reading instructors, employees, associates, and/or individuals
within its control, oversight, supervision, and/or ostensible/aided control;
l. Negligent reliance on persons who claimed they could treat child molesters
and/or sexually abusive individuals;
m. Negligent retention of and/or failure to terminate Otto Becken, other
Defendants, and/or other sexually inappropriate and/or abusive individuals
from or associated with the Cherry Hill Board of Education’s and District’s
schools, promoting a culture and environment of complicity, denial and
deception regarding child abuse within the business;
n. Failure to exercise due care under the relevant circumstances;
o. Recklessly, negligently and/or carelessly failing to observe, manage, direct,
oversee, and supervise the relationship between Plaintiff and Otto Becken;
p. Recklessly, negligently and/or carelessly failing to have proper and effective
policies and procedures to require adequate observation, management,
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oversight, and supervision of the relationship between Plaintiff and Otto
Becken, and/or other Defendants;
q. Recklessly, negligently and/or carelessly failing to recognize Otto Becken’s
conduct and behavior prior to the events in question and/or as described herein
as creating a risk of sexual abuse toward children, including, but not limited to,
Plaintiff;
r. Recklessly, negligently and/or carelessly failing to have proper policies and
procedures to require adequate observation, management, oversight, and
supervision of Plaintiff and Otto Becken, and/or other Defendants;
s. Failing to investigate complaints that Otto Becken was behaving
inappropriately and/or touching children inappropriately, including, but not
limited to, Plaintiff;
t. Recklessly, negligently and/or carelessly failing to identify Otto Becken as a
sexual abuser;
u. Recklessly, negligently and/or carelessly failing to investigate behavior of Otto
Becken that put the Defendants on notice and/or should have placed
Defendants on notice that Otto Becken was and/or might have been a potential
pedophile and/or sexual predator;
v. Recklessly, negligently and/or carelessly failing to identify Otto Becken was a
potential pedophile and/or sexual predator;
w. Failure to use due care under the circumstances; and/or
x. Negligence as may be proven from facts now exclusively in the possession of
Defendants, which may be ascertained after the filing of this Complaint.
100. Defendants were negligent under the facts as detailed within this complaint in that
these Defendants failed to use that degree of care, precaution and vigilance which a reasonably
prudent person or entity would use under the same or similar circumstances, including, but not
limited to, the negligent affirmative acts detailed in this complaint which a reasonably prudent
person or entity would not have done, and also the negligent omission or failure to act and/or
take precautions as detailed in this complaint which a reasonably prudent person or entity would
have done or taken under these circumstances.
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101. Otto Becken’s actions as described herein are evidence of negligence per se in
that these actions violated a provision of New Jersey Statute, known as the Child Sexual Abuse
Act (“CSAA”), N.J.S.A. 2a:61b-1, et al., which statute sets up a standard of conduct that Otto
Becken violated per se.
102. Defendants are vicariously liable for both the negligent and intentional acts of
Otto Becken, their employee(s), under the CSAA, which recognizes the vulnerability of children
and demonstrates a legislative intent to protect said children from victimization and imposes
responsibility upon those individuals and institutions in the best position to know of and stop the
abuse to said children, such as the Defendants herein.
WHEREFORE, Plaintiff demands judgment against Defendants for compensatory
damages, together with interest and costs in an unspecified amount, plus costs, disbursements,
reasonable attorneys’ fees, interest, and such other and further relief as the Court deems just and
equitable.
COUNT II – NEGLIGENT SUPERVISION
Plaintiff v. All Defendants
103. The previous paragraphs set forth above are incorporated herein by reference.
104. Defendants knew or should have known of the need to properly and effectively
observe, manage, direct, oversee, and/or supervise employees, agents, servants, representatives,
and/or ostensible/aided agents in their relationships with young children.
105. Defendants knew or should have known of the particular risk posed by Otto
Becken based on, among other things, his inappropriate and/or questionable conduct, his
history of sexually abusing children, and/or his behavior indicative of an intent to isolate,
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groom, and/or facilitate sexually contacting and/or abusing a young minor child, including Otto
Becken’s abuse of Plaintiff.
106. Otto Becken’s sexual abuse of Plaintiff gradually increased in frequency and
intensity over time and included, but was not limited to, masturbation, oral sex, penetration and
Plaintiff being fondled, groped, and/or inappropriately touched when he was 11-12 years old.
107. The negligence, carelessness, and/or recklessness of Defendants, for the conduct
of their actual or apparent employees, agents, servants, representatives, and/or ostensible/aided
agents, in the hiring, certifying, assigning, observation, retaining, supervision, management,
oversight, direction, administration, and/or otherwise control of Otto Becken consists of one or
more of the following:
a. Negligent hiring, certifying, assigning, observation, retaining, supervision,
management, oversight, direction, administration, and/or otherwise control of
individuals in the employ of Cherry Hill Board of Education and School District;
b. Failing to use due care in hiring, certifying, assigning, observation, retaining,
supervision, management, oversight, direction, administration, and/or otherwise
control of Otto Becken and/or Otto Becken’s relationship with plaintiff; and
c. Failing to investigate and supervise Otto Becken and his relationship with
Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendants for compensatory
damages, together with interest and costs in an unspecified amount, plus costs, disbursements,
reasonable attorneys’ fees, interest, and such other and further relief as the Court deems just and
equitable.
COUNT III – NEGLIGENT HIRING AND RETENTION
Plaintiff v. All Defendants
108. The previous paragraphs set forth above are incorporated herein by reference.
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109. Defendants knew and/or should have known prior to and/or contemporaneous
with the relevant time frame during which Plaintiff was sexually abused by Otto Becken that
Plaintiff and other young children affiliated and/or associated with its business were vulnerable
to and potential victims of sexual abuse.
110. Defendants also knew and/or should have known prior to and/or contemporaneous
with the relevant time frame during which Plaintiff was sexually abused by Otto Becken that the
access to vulnerable youths, together with the trust and authority placed in his position, makes
the position an enticing vocation to pedophiles, sexual predators, and/or others seeking to abuse
and exploit children.
111. Defendants owed a duty to exercise reasonable care in the hiring, certifying,
assignment, control, selection and/or retention of employees, agents, servants, representatives,
and/or ostensible/aided agents, situated in and/or located at the Defendants, Cherry Hill Board
of Education and School District, Defendant Doe 1-10, Defendant Doe Institution 1-10, and
specifically a duty to be on high look out for possible pedophiles, sexual predators, and others
seeking to abuse and exploit children.
112. Defendants, Cherry Hill Board of Education and School District, Defendant Doe
1-10, Defendant Doe Institution 1-10, failed to exercise reasonable care in the hiring, certifying,
assignment, control, selection and/or retention of Otto Becken as a teacher, reading instructor,
employee, agent, servant, representative, and/or ostensible/aided agent, among other things, the
following:
a. Failing to conduct a thorough and prope
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CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 1 of 32 Trans ID: LCV20232401319 THE BRASLOW FIRM, LLC KETTERER, BROWNE & ASSOCIATES, LLC BY: Derek T. Braslow, Esquire 230 Sugartown Road, Suite 100 Wayne, PA 19087 Phone (484) 443-4558 derek@KBAattorneys.com Attorney for Plaintiff Attorney ID 027581996 CHARLES WICKER : NEW JERSEY SUPERIOR COURT : LAW DIVISON : CAMDEN COUNTY : : Plaintiff, : DOCKET NO.: CAM-L- : : CIVIL ACTION v. : : CHERRY HILL SCHOOL DISTRICT; : CHERRY HILL BOARD OF : COMPLAINT; DEMAND FOR JURY EDUCATION; DEFENDANT DOE 1-10; : TRIAL; DESIGNATION OF TRIAL REPRESENTATIVE OF THE ESTATE : COUNSEL; CERTIFICATION DEFENDANT DOE INSTITUTION 1-10 : PURSUANT TO R. 4:5-1 : : Defendants. : COMPLAINT-- CIVIL ACTION Plaintiff, Charles Wicker, by and through undersigned counsel, The Braslow Firm, LLC and Ketterer, Browne & Associates, LLC, hereby states as follows in support of his complaint against above captioned Defendants as follows: THE PARTIES 1. Plaintiff is an adult citizen who resides in New Jersey. Plaintiff was, at all relevant times, a minor who was sexually assaulted, and whose identity and address are not 1 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 2 of 32 Trans ID: LCV20232401319 disclosed herein because of his desire to keep confidential his identity and address pursuant to the Child Sexual Abuse Act and N.J.R. 1:38-3(c)(12). Plaintiff may be contacted through his counsel, identified herein. Plaintiff was a resident of New Jersey during the period of childhood sexual abuse that is the subject of this Complaint. 2. At all times material, Defendant Cherry Hill School District (hereinafter also referred to as the “District”) was and is an organization and/ or entity and/or educational institution which includes, but is not limited to, municipal corporations, decision making entities, officials, and representatives/agents/employees, organized and existing under the laws of the State of New Jersey with its principal place of business located at 45 Ranoldo Terrace, Cherry Hill, New Jersey. 3. At all times material, the District owned, operated, managed, directed, and controlled the public schools and all school premises within its district lines, including but not limited to James F. Cooper Elementary School (“Cooper Elementary School”). 4. At all times material, the District hired, supervised, oversaw, controlled and managed all employees, including all teachers who were employed in the schools of the District, including Cooper Elementary School. 5. At all times material, the District had the power to hire, appoint, supervise, monitor, and terminate each person working with children within its school district, including all teachers employed at Cooper Elementary School. 6. At all times material, Defendant Cherry Hill Board of Education and School Districtand School District(hereinafter also referred to as the “Board”) was and is a comprehensive community public school district in Cherry Hill, New Jersey, that serves students from pre-kindergarten through high school, including Cooper Elementary School, and was and is 2 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 3 of 32 Trans ID: LCV20232401319 an organization and/ or entity and/or educational institution which includes, but is not limited to, municipal corporations, decision making entities, officials, and representatives/agents/employees, organized and existing under the laws of the State of New Jersey with its principal place of business located at 45 Ranoldo Terrace, Cherry Hill, New Jersey. 7. The Board operates under the supervision of the State Board and/or Commissioner of Education of the State of New Jersey, and is deemed a place/places of public accommodation as defined by N.J.S.A. 10:5-5(1). 8. At all times material, the Board owned, operated, managed, directed, and controlled the District, the schools and all school premises within the District, including but not limited to Cooper Elementary School. 9. At all times material, the Board had the power to hire, appoint, supervise, monitor, and terminate each person working with children within the District, including all teachers employed at Cooper Elementary School. 10. At all times material, the Board had the responsibility to administer and supervise the employees and students at Cooper Elementary School, as well as set and enforce rules and policies for the education and protection of students, including Plaintiff. 11. At all times material, Cooper Elementary School was and is an elementary school located at 1960 Greentree Road, Cherry Hill, New Jersey. The school is part of the District and Board (collectively referred to as “Defendant Cherry Hill”) and operates under the supervision of Defendant Cherry Hill. 12. At all times material hereto, Otto Becken, was an employee, servant, or agent of Defendant Cherry Hill where he worked as a sixth-grade teacher and remedial reading teacher 3 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 4 of 32 Trans ID: LCV20232401319 and acting within the scope of his aforementioned legal relationship with Defendant Cherry Hill. 13. Defendant District and Defendant Board stood in loco parentis to Plaintiff during the school day. Further, Plaintiff’s parents transferred to Defendants the power to act as guardian for Plaintiff during the school day. 14. In or about 2011, Otto Becken died in Pennsylvania. 15. Individual Defendants in the above caption case identified as Defendant Doe 1-10 (said names being fictitious, and hereinafter referred to as “Defendant Doe”), were, at all relevant times, employees and/or agents of the Defendant Cherry Hill, involved in the operation of the schools and/or Board and the hiring, admitting, assigning, retaining, and supervising of teachers, and/or individuals, including Otto Becken. The identification of these individuals is not known by the Plaintiff at this time in the absence of discovery. Plaintiff reserves the right to substitute the name(s) for those agents designated as Defendant Doe when and if such information becomes available. 16. Institutional/corporate Defendants in the above caption case identified as Defendant Doe Institution 1-10 (said names being fictitious, and hereinafter referred to as “Defendant Doe Institution”) were, at all relevant times, incorporated and/or established associations, corporations, institutions, entities, schools, facilities, or other establishments that employed, hired, certified, assigned, retained, supervised, managed, oversaw, directed, administrated, and/or otherwise controlled one or more of the Defendants at or during all relevant times. These Defendant Doe Institutions were/are vicariously and derivatively liable for the negligent conduct of the aforementioned Defendants under the theories of respondeat superior, master-servant, agency, and/or right of control. 4 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 5 of 32 Trans ID: LCV20232401319 17. Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe Institution 1-10, were empowered by the business to supervise and control all employees and/or agents within the Board and/or District, including Otto Becken. 18. Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe Institution 1-10, had/has access to and knowledge of information regarding the sexual misconduct of employees and/or agents, including knowledge of pedophilia and/or sexually abusive conduct of individuals within the Board and/or District’s business, including Otto Becken. 19. At all relevant times, Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe Institution 1-10 in this action were acting by and through themselves in their individual capacities, and/or additionally by and through their actual and/or ostensible/aided agents, servants, employees, which include entities and/or individuals over whom they had control or right of control. 20. At all times material hereto, Otto Becken was acting as a teacher, employee, agent, servant, representative and/or ostensible/aided agent hired, certified, assigned, retained, supervised, managed, overseen, directed, administrated, and/or otherwise controlled by and for one or more of the Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe Institution 1-10, and was engaged to perform services for the Defendant Cherry Hill, Defendant Doe 1-10, Defendant Doe Institution 1-10, and was subject to the Defendant Cherry Hill, Defendant Doe 1-10, Defendant Doe Institution 1-10’s oversight, supervision, management, direction, control, ostensible/aided control, and/or right to control the physical conduct required to perform such services. 5 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 6 of 32 Trans ID: LCV20232401319 21. The Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant Doe Institution 1-10, were the principals of Otto Becken, and the Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe Institution 1-10, acted only through the natural persons who were its employees, agents, servants, representatives, and/or ostensible/aided agents hired, certified, assigned, retained, supervised, managed, overseen, directed, administrated, and/or otherwise controlled by and for said Defendants. 22. Otto Becken acted as the teacher, employee, agent, servant, representative, and/or ostensible/aided agent of the Defendant District, Defendant Board, Defendant Doe 1-10, Defendant Doe Institution 1-10, and acted negligently while in the scope of his duties or authority, such that the negligence as a matter of law charged to the principal, here the Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant Doe Institution 1-10. 23. At all times material hereto, Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant Doe Institution 1-10, are deemed negligent for the wrongdoing to the same extent as the employer, employee, agent, servant, representative, and/or ostensible/aided agent, Otto Becken. 24. Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant Doe Institution 1-10, through its teachers, employees, agents, and servants, had authority and responsibility to address discrimination and harassment (sexual or otherwise) and to institute corrective measures, and who had actual or constructive knowledge of harassment and discrimination in the school, and who despite such knowledge, failed to adequately respond to stop harassment and discrimination against the Plaintiff and failed to take affirmative steps, which resulted directly in severe sexual harassment and assaults of the Plaintiff. 6 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 7 of 32 Trans ID: LCV20232401319 25. Defendant District, Defendant Board, Defendant Doe 1-10, and Defendant Doe Institution 1-10 were responsible for promulgation and enforcement of all policies, customs and practices for the schools and school district. 26. Defendant Doe 1-10 and Doe Institution 1-10 are fictitious entities and/or persons that supervised and/or operated the Cherry Hill School District and Board of Education which failed through their agents, servants, and employees to protect its minor students from sexual harassment, assault, and abuse. 27. Defendants Doe 1-10 and Doe Institution 1-10 owed a legal duty to Plaintiff to prevent incidents of sexual abuse of children at Cherry Hill Public Schools, as alleged more fully herein. 28. Defendant Doe Institution 1-10 are fictitious entities, which employed, supervised, controlled and/or oversaw the Cherry Hill School District and Board of Education and Otto Becken, and/or which otherwise owed a legal duty to Plaintiff to prevent the incidents of sexual abuse of children at Cooper Elementary School suffered by numerous minors at Cherry Hill Township School District, including, but not limited to Plaintiff, as is more fully alleged herein. 29. Defendant Doe 1-10 are fictitious persons who employed, supervised, controlled and/or oversaw Defendant Cherry Hill, and Otto Becken and/or which otherwise owed a legal duty to Plaintiff to prevent the incidents of sexual abuse of children at Cooper Elementary School, including the sexual abuse of Plaintiff, as are more fully alleged herein. 30. At all material times hereto, Defendant Cherry Hill was acting by and through its duly authorized actual and/or apparent agents, servants, and employees their principals, vice principals, school board, teachers, staff, supervisors, and/or team coaches and/or activity 7 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 8 of 32 Trans ID: LCV20232401319 coordinators, acting within the course and scope of their actual and/or apparent agency and/or employment. 31. As recognized by the United States Department of Education in a July 1, 1998 press release, “Schools owe students a safe environment that is conducive to learning and that affords children equal educational opportunity regardless of sex.” 32. Plaintiff was a student at Cooper Elementary School from 1977-1983. 33. Plaintiff suffered extraordinary and severe harm due to the sexual abuses committed between 1982-1983 by Otto Becken, and the sexually hostile environment at Defendant Cherry Hill, which the Defendants failed to correct and to properly address despite their actual and/or constructive knowledge thereof and due to the negligence outlined below. 34. Before and/or during 1982-1983, Defendant Cherry Hill actually knew and/or had reason to know that Otto Becken engaged in a sexual offense of flagrantly lewd and inappropriate conduct and/or sexual abuse/assault which would violate the laws of New Jersey. 35. Defendant Cherry Hill failed to take appropriate actions to protect Plaintiff against sexual harassment/abuse at Cooper Elementary School despite having actual notice of the past lewd and/or inappropriate conduct and/or sexual abuse/assault by Otto Becken, all in violation of the rights guaranteed to Plaintiff by the laws of New Jersey. 36. Defendant Cherry Hill acted individually and through its employees and agents whose names and identities are not currently known, all of which acted with actual or apparent authority and all of whom aided in carrying out and/or permitting the sexual harassment/abuse and assaults of the Plaintiff by the actions and inactions of Defendants. 37. Defendant Cherry Hill, acting through its administrators, and other employees and agents, knew and/or should have known about the specific misconduct and sexual harassing 8 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 9 of 32 Trans ID: LCV20232401319 conduct committed by Otto Becken, and was deliberately or recklessly indifferent to this conduct, as demonstrated by the specific failures described below, thereby exposing and continuing to expose students in general, and Plaintiff in particular, to a sexually hostile educational environment. 38. Defendant Cherry Hill should have been aware of the misconduct and sexual harassment committed by Otto Becken for which Plaintiff asserts claims pursuant to the New Jersey Law Against Discrimination (“LAD”) violations. 39. Defendants, through their actions and inactions described herein, and through a pattern of deliberate and/or reckless indifference, created and permitted a severe, pervasive, and persistently sexually hostile environment, in violation of New Jersey’s Law Against Discrimination (“LAD”). 40. During and/or before 1982, Defendant Chery Hill knew and/or had reason to know that Otto Becken posed a risk to students and other male students and yet permitted him to serve as public school teacher in their school system. 41. The indifference of Defendant Cherry Hill, to the risks posed by Otto Becken, and its affirmative acts created and/or permitted the opportunity for Otto Becken to commit sexual abuses/assaults of Plaintiff between 1982-1983, which resulted in a sexually hostile educational environment. 42. Otto Becken and /or each Defendant was and/or is the agent, subagent, volunteer, servant and/or employee of the District, the Board, and/or Defendant Does. 43. Otto Becken and/or each Defendant was acting within the course and scope of his, her or its authority as an agent, subagent, volunteer, servant and/or employee of the District, the Board, and or Defendant Does. 9 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 10 of 32 Trans ID: LCV20232401319 44. Otto Becken and/or the District, the Board and/or Defendant Does, and each of them, are individuals, corporations, partnerships, and other entities which engaged in, joined in, and conspired with the other wrongdoers in carrying out the tortious and unlawful activities described in the Complaint, and the District, the Board and/or each Defendant ratified the acts of Otto Becken and/or Defendant Does. 45. Defendant Cherry Hill is liable for the injuries and damages suffered by Plaintiff. 46. Defendant Cherry Hill herein is directly and vicariously liable to Plaintiff for injuries sustained as a result of negligence, gross negligence, outrageous conduct, and reckless misconduct, as described further herein, of persons or entities whose conduct was under their control, or right to control which conduct directly and proximately caused all Plaintiff’s injuries. JURISDICTION AND VENUE 47. This Court has jurisdiction over this matter because Defendant District and Defendant Board are New Jersey corporations with their principal places of business in New Jersey and because the unlawful conduct complained of herein occurred in New Jersey. 48. Venue is proper in Camden County pursuant to N.J. Rule 4:3-2(a)(3), as Camden County is the county in which defendants reside. In addition, events that are relevant to this action occurred within this County. 49. This matter is being brought within the statute of limitations pursuant to N.J.S.A. 2A:14-2a and pursuant to the laws of the State of New Jersey, namely the New Jersey Torts Claims Act. FACTUAL SUMMARY 10 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 11 of 32 Trans ID: LCV20232401319 50. This lawsuit is about an educational institution that had special responsibilities and obligations to protect children and students from sexual abuse and the complete and abject failures of that same educational institution to fulfill those responsibilities and obligations. 51. Defendant Cherry Hill failed in its most basic legal duties to guard against a predator sexually abusing not just one, but numerous minors. 52. Cherry Hill failed in a myriad of ways including, but not limited to not properly vetting their staff, including Otto Becken; not properly training and/or supervising their staff; negligently retaining staff they knew or should have known was sexually abusing multiple students; failing to recognize clear and obvious signs of grooming behaviors by staff; failing to investigate concerning and/or criminal behavior; and failing to have in place any legitimate measures to protect against a teacher sexually abusing students. 53. Otto Becken was at all relevant times, acting in the course and scope of his employment as a teacher and staff member at Cherry Hill, when he openly seduced, coerced, groomed and manipulated Plaintiff. Becken engaged in a carefully orchestrated yet easily discernable plot to control and manipulate his victims so that he could engage in illicit and illegal sexual activity with them, specifically with Plaintiff. The Defendants continued failure to act allowed Becken to continue his manipulation, grooming and abuse of Plaintiff, resulting in severe and permanent injuries to Plaintiff. 54. Otto Becken was hired by Defendant Cherry Hill prior to 1980. During his tenure at Cooper Elementary School, Plaintiff was his student. Becken was a sixth-grade teacher and remedial reading teacher. 11 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 12 of 32 Trans ID: LCV20232401319 55. Plaintiff attended Cooper Elementary School from 1977 until he left the school in 1983. Plaintiff was a student in Becken’s sixth-grade class when he attended Cooper Elementary School. 56. While Becken sexually abused Plaintiff during his tenure at Cooper Elementary School, he was by no means his only victim. In fact, Becken was accused of sexual abuse by at least two other students who attended Cooper Elementary School at or around the same time as Plaintiff, and upon information and belief, abused at least three other students prior to Plaintiff. 57. While employed at Cherry Hill, Otto Becken had a reputation for acting inappropriate with male students. During his tenure at Cherry Hill on the faculty, upon information and belief, Otto Becken sexually abused Plaintiff and many more young boys. At all relevant times, Becken was supervising Plaintiff in his role as a teacher. 58. Becken’s misconduct and sexual abuse was known or should have been known to the administration of Defendant Cherry Hill. There were numerous times where Becken was directly observed to be inappropriately interacting with students and, in particular, male students. Becken repeatedly ate lunch alone with male students in his classroom, had male students regularly sit on his lap, touched male students, lifted up the shirts of male students and spent an inordinate and inappropriate amount of time with them. Becken was frequently observed to be alone in classrooms with male students, including during lunch and at other times when there would be no reason for him to be alone with a male student. 59. At all relevant times Becken was a servant or agent of Defendant Cherry Hill. Accordingly, Cherry Hill is liable vicariously and derivatively for the acts of Becken under theories of respondeat superior master-servant, agency, and/or right of control. 12 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 13 of 32 Trans ID: LCV20232401319 60. Defendant Cherry Hill, through its agents knew or should have known in the exercise of reasonable care and supervision that Becken was engaging in the abuse of his students, specifically Plaintiff, and intervened to either prevent the abuse, prevent his access to children, or terminate him from the faculty. 61. Upon information and belief, after Otto Becken’s sexual misconduct conduct with minor students within Cherry Hill schools was reported to the police, he was given the option of resigning instead of being fired. Even knowing that the investigation involved sexual abuse against children, Defendant Cherry Hill took no steps to alert potential employers or victims of the danger Becken posed. 62. Despite concerns, suspicions and reports over Becken’s conduct with minor students, Defendant Cherry Hill never investigated Becken or reported him to any authorities prior to 1984. 63. On March 9, 1984, Becken was charged with sexually assaulting two of his students, 12 year old boys between the fall of 1983 and February 1984 during a lunchtime remedial reading program. 64. In November 1984, Becken resigned from his position as a teacher under a settlement reached with Defendant Cherry Hill. 65. In March 1985, Becken pleaded guilty of three counts of sexual assault. 66. At all times relevant hereto, Defendant Cherry Hill was acting by and through its employees, servants, and agents, in the operation of Cherry Hill and the hiring, admitting, assigning, retaining, and supervising of teachers, coaches, staff, and faculty members. Accordingly, Defendant Cherry Hill is liable vicariously and derivatively for the negligent acts and omissions of these employees, servants, and agents while engaged in the operation of Cherry 13 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 14 of 32 Trans ID: LCV20232401319 Hill and the hiring, admitting, assigning, retaining, and supervising of teachers, coaches and faculty members, including Becken, under theories of respondeat superior, master-servant, agency, and/or right of control. Charles “Chuck” Wicker 67. At all material times hereto, Chuck (DOB: 10/20/70) was a minor and was 11-12 years old in 1982-1983. 68. Chuck knew Otto Becken as his Sixth-grade reading teacher at Cooper Elementary School. Becken used this access to groom and isolate Chuck from other adults using his position of power and trust. 69. The grooming first began with Chuck when Chuck approached Becken at Becken’s desk with a reading question. Becken told him to come around to his side of the desk where he put his hand around Chuck’s hip and kept it there for several minutes while he answered Chuck’s questions. It was at that time when Becken first requested that Chuck come to his classroom alone during lunchtime so he could help him with his reading. 70. When Chuck arrived at Becken’s classroom alone during lunch hour, Chuck proceeded to eat his lunch at his desk when Becken got up from his desk and walked over to shut and lock the classroom door. There was construction paper on the door which covered the entire door window. In addition, the blinds on the windows were down and the lights were off in the classroom. 71. Becken sat down next to Chuck at Chuck’s desk and began working on Chuck’s reading skills. There was just enough light in the classroom, coming through the blinds, in order to read. It was at that time that Becken wrapped Beckon’s hand around Chuck’s upper thigh and as he continued to instruct him, Becken placed his hand on top of Chuck’s penis. Chuck looked 14 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 15 of 32 Trans ID: LCV20232401319 at Becken, but Becken did not remove his hand from Chuck’s penis. It remained there during the course of his reading instruction. 72. Chuck’s second encounter with Becken during lunch involved Becken sitting next to him again, except this time Becken put his hand inside and down the front of Chuck’s pants where he grasped Chuck’s penis. 73. These lunchtime private encounters with Becken, alone in the dark classroom with the door closed, and Becken touching Chuck’s penis, under his clothes, continued over the course of the next several weeks. Eventually, the game of UNO was added to reading instruction, which was played in the area where the class cubbies were located. Cubbies were arranged so that the area was separate and private. 74. During the games of UNO in the darkened classroom with Becken, when Chuck lost a hand in the game, Becken told Chuck to go to the coat room or cubbies area and sit on the bean bag chairs inside that were next to the cubbies. It was there in the back of the classroom where Becken pulled down Chuck’s pants, and fondled Chuck’s penis until Chuck ejaculated. Becken had paper towels nearby to clean up the ejaculate in the 6th grade coat room. 75. Throughout the course of 6th grade, the games of UNO continued but the nature of the sexual assaults near the 6th grade cubbies escalated to oral sex where Becken would place his mouth on Chuck’s penis, and sometimes Becken would force Chuck to touch Becken’s penis. 76. During one specific assault in the classroom during lunch, Becken advised that they would be taking a break from reading instruction and instructed Chuck to go to the bean bag chairs next to the cubbies. In the cubbies area, Becken ordered Chuck to lower his pants at the same time Becken lowered his pants. Becken then began to masturbate and fondle Chuck’s 15 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 16 of 32 Trans ID: LCV20232401319 penis at the same time. Then, after falling and rolling on top of the bean bag chairs, he put Chuck on top of him and penetrated Chuck’s anus with his penis. 77. During some of these encounters, Becken would threaten Chuck with failure if Chuck did not comply with his sexual demands and/or if Chuck told anyone about the abuse. 78. This abuse lasted the entirety of sixth grade and occurred almost exclusively during lunch in Becken’s classroom. However, on a week-long class overnight trip to Mt. Misery, Becken sexually abused Chuck in the cabin Chuck was assigned to, where Becken also stayed. 79. During the week-long trip at Mt. Misery, Becken assaulted Chuck in the shower on multiple occasions and in Chuck’s bed during two nights. 80. Chuck also observed Becken assaulting his other classmates in the shower. 81. Faculty members, administration and students alike all saw Becken continue to have inappropriate conduct and private meetings in the classroom with minor boys and did nothing to stop what was inappropriate conduct with his students. 82. For decades after the abuse, Chuck was too ashamed to tell anyone about the abuse he experienced from Becken. 83. At all material times, as a result of the sexual abuse perpetrated by Becken, Chuck felt enormous shame, humiliation, embarrassment, and/or was extremely confused and conflicted about the role of sex, love and intimacy in his life. 84. At all material times, as a result of the sexual abuse perpetrated by Becken, Chuck suffered from extreme difficulty navigating intimate relationships, and/or he has experienced and continues to experience bouts of anger, difficulties when involved in relationships with women and attempting to be intimate in the context of these relationships with women. 16 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 17 of 32 Trans ID: LCV20232401319 85. At all times material hereto, as a result of the sexual abuse perpetrated Becken, Chuck suffered great permanent harm, including, but not limited to, the following: severe emotional distress, extreme trauma, depression, anxiety, mental health issues, post-traumatic stress, humiliation, embarrassment, fear, shame, emotional dissociation, and/or loss of self- esteem and self-worth, all of which has and/or will continue to require counseling, therapy, and/or other treatment. 86. Also, as a result of the sexual abuse set forth above and its consequential trauma and harm, Chuck has suffered a severe impairment and disruption of his enjoyment of life, identity, intimacy with loved ones, and/or belief structure, including, but not limited to, the impairment and disruption of his relationship with members of his family, friends, acquaintances, and/or others. 87. Also, as a result of the sexual abuse set forth above and its consequential trauma and harm, Chuck has incurred significant past loss of wages and future loss of earning capacity to his permanent detriment. 88. Chuck’s youth, together with the power imbalance and authoritative inequity between Chuck and Becken, created a culture and social dynamic that weakened Chuck’s ability to resist Becken. 89. The sexual abuse set forth above and its consequential trauma and harm, in turn, caused Chuck to suppress and/or emotionally dissociate his feelings about his traumatic experience(s), thereby exacerbating its devastating psychological, physical, and social consequences. 90. Chuck was not fully aware of the causal relationship between the sexual abuse set forth above, and its consequential trauma and harm, until recently, and continues to endure 17 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 18 of 32 Trans ID: LCV20232401319 and/or discover trauma and harm relative to the sexual abuse at the present time, which inflictions of trauma and harm shall and will continue in the future. 91. Other victims’ declarations and/or revelations of their experiences with sexual abuse and corresponding damages caused by such abuse prompted Chuck to realize he is not alone, and to acknowledge, address, and/or discover the connection between his abuse and his corresponding emotional distress, social dysfunction and/or other damages and to speak out concerning same. 92. Now, in conformity with N.J. Stat. Section 2A:14-2a, Statute of Limitations for Action at Law resulting from Certain Sexual Crimes [effective December 1, 2019], Plaintiff brings this action for damages. 93. As alleged in greater detail herein above and/or below, all of Chuck’s harm and damages were caused by the culpable acts and/or omissions of Defendants. 94. As set forth more fully herein, the negligence, gross negligence, recklessness, and/or punitive behavior of the Defendants, jointly and severally, was a direct and proximate cause of harm and damages to Plaintiffs. 95. Chuck’s injuries and/or damages were caused solely by the negligence, gross negligence, recklessness, and/or punitive behavior of the Defendants, as set forth more fully herein, and were not caused or contributed thereto by any negligence, gross negligence, recklessness and/or punitive behavior on the part of Chuck. 96. As a direct and proximate result of the sexual abuse by Otto Becken, Chuck suffered physical and emotional injuries, as more fully set forth in this Complaint. As a result of the abuse by Becken, Chuck was severely mentally, psychologically, and emotionally damaged. 18 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 19 of 32 Trans ID: LCV20232401319 97. All of the above physical, psychological, and emotional injuries were proximately caused by negligence, carelessness, recklessness, and other tortious and outrageous acts or omissions of Defendant Cherry Hill as set forth in this Complaint. COUNT I – NEGLIGENCE Plaintiff v. All Defendants 98. The previous paragraphs set forth above are incorporated herein by reference. 99. The recklessness, negligence and/or carelessness of Defendants, by and through their actual or apparent teachers, reading instructors, employees, agents, servants, representatives, and/or ostensible/aided agents hired, certified, assigned, retained, supervised, managed, overseen, directed, administrated, and/or otherwise controlled by and for said Defendants, consisted of, among other things, the following: a. Failing to properly screen teachers, reading instructors, employees, agents, servants, representatives, and ostensible/aided agents adequately before placing them in close contact with children; b. Failure to properly investigate complaints of sexual abuse, inappropriate behavior and/or other abusive behavior; c. Providing “cover” and/or rationalizations for inappropriate/abusive misconduct by applying euphemistic and false designations to and/or contrived and imagined explanations for their conduct and/or the reasons for same; d. Minimizing, ignoring or excusing inappropriate or questionable behavior and/or misconduct by teachers, reading instructors, employees, agents, servants, representatives, and ostensible/aided agents over a period of months, years and/or decades; e. Failure to properly and/or adequately warn parents, children, and/or the public at large, including, but not limited to, plaintiff and similarly situated children, and their parents and/or family members, regarding the inappropriate behavior and/or misconduct of Otto Becken, other Defendants, and/or other abusive teachers, reading instructors, employees, agents, servants, representatives, and/or ostensible/aided agents, despite knowledge of the dangers they presented and the harmful and complicit culture and environment created by such failures to warn; 19 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 20 of 32 Trans ID: LCV20232401319 f. Assigning employees, agents, servants, representatives, and/or ostensible/aided agents known to have engaged in questionable and/or inappropriate behavior or misconduct and/or known to be pedophiles and/or sexual predators, including but not limited to, Otto Becken, and/or other Defendants, to a position in the business where said individual(s) had/have regular contact with children; g. Failure to report criminal activity, including child abuse, to appropriate law enforcement agencies; h. Negligent failure to provide a safe environment and protective culture to children within the schools, and/or other external locations operated, visited, and/or owned and/or operated by Defendants, Cherry Hill Board of Education and School District, Otto Becken, Defendant Doe 1-10, Defendant Doe Institution 1-10; i. Failure to implement and maintain proper and effective policies and procedures to prevent sexual abuse of and/or other abusive behavior toward children; j. Negligently maintaining custody, supervision and protection of children placed in their care by virtue of their authority and solicitation of minors to participate in their business and/or activities; k. Failure to properly train teachers, reading instructors, employees, agents, servants, representatives, and/or ostensible/aided agents to identify signs of child molestation or inappropriate sexually related behavior to children by fellow teachers, reading instructors, employees, associates, and/or individuals within its control, oversight, supervision, and/or ostensible/aided control; l. Negligent reliance on persons who claimed they could treat child molesters and/or sexually abusive individuals; m. Negligent retention of and/or failure to terminate Otto Becken, other Defendants, and/or other sexually inappropriate and/or abusive individuals from or associated with the Cherry Hill Board of Education’s and District’s schools, promoting a culture and environment of complicity, denial and deception regarding child abuse within the business; n. Failure to exercise due care under the relevant circumstances; o. Recklessly, negligently and/or carelessly failing to observe, manage, direct, oversee, and supervise the relationship between Plaintiff and Otto Becken; p. Recklessly, negligently and/or carelessly failing to have proper and effective policies and procedures to require adequate observation, management, 20 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 21 of 32 Trans ID: LCV20232401319 oversight, and supervision of the relationship between Plaintiff and Otto Becken, and/or other Defendants; q. Recklessly, negligently and/or carelessly failing to recognize Otto Becken’s conduct and behavior prior to the events in question and/or as described herein as creating a risk of sexual abuse toward children, including, but not limited to, Plaintiff; r. Recklessly, negligently and/or carelessly failing to have proper policies and procedures to require adequate observation, management, oversight, and supervision of Plaintiff and Otto Becken, and/or other Defendants; s. Failing to investigate complaints that Otto Becken was behaving inappropriately and/or touching children inappropriately, including, but not limited to, Plaintiff; t. Recklessly, negligently and/or carelessly failing to identify Otto Becken as a sexual abuser; u. Recklessly, negligently and/or carelessly failing to investigate behavior of Otto Becken that put the Defendants on notice and/or should have placed Defendants on notice that Otto Becken was and/or might have been a potential pedophile and/or sexual predator; v. Recklessly, negligently and/or carelessly failing to identify Otto Becken was a potential pedophile and/or sexual predator; w. Failure to use due care under the circumstances; and/or x. Negligence as may be proven from facts now exclusively in the possession of Defendants, which may be ascertained after the filing of this Complaint. 100. Defendants were negligent under the facts as detailed within this complaint in that these Defendants failed to use that degree of care, precaution and vigilance which a reasonably prudent person or entity would use under the same or similar circumstances, including, but not limited to, the negligent affirmative acts detailed in this complaint which a reasonably prudent person or entity would not have done, and also the negligent omission or failure to act and/or take precautions as detailed in this complaint which a reasonably prudent person or entity would have done or taken under these circumstances. 21 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 22 of 32 Trans ID: LCV20232401319 101. Otto Becken’s actions as described herein are evidence of negligence per se in that these actions violated a provision of New Jersey Statute, known as the Child Sexual Abuse Act (“CSAA”), N.J.S.A. 2a:61b-1, et al., which statute sets up a standard of conduct that Otto Becken violated per se. 102. Defendants are vicariously liable for both the negligent and intentional acts of Otto Becken, their employee(s), under the CSAA, which recognizes the vulnerability of children and demonstrates a legislative intent to protect said children from victimization and imposes responsibility upon those individuals and institutions in the best position to know of and stop the abuse to said children, such as the Defendants herein. WHEREFORE, Plaintiff demands judgment against Defendants for compensatory damages, together with interest and costs in an unspecified amount, plus costs, disbursements, reasonable attorneys’ fees, interest, and such other and further relief as the Court deems just and equitable. COUNT II – NEGLIGENT SUPERVISION Plaintiff v. All Defendants 103. The previous paragraphs set forth above are incorporated herein by reference. 104. Defendants knew or should have known of the need to properly and effectively observe, manage, direct, oversee, and/or supervise employees, agents, servants, representatives, and/or ostensible/aided agents in their relationships with young children. 105. Defendants knew or should have known of the particular risk posed by Otto Becken based on, among other things, his inappropriate and/or questionable conduct, his history of sexually abusing children, and/or his behavior indicative of an intent to isolate, 22 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 23 of 32 Trans ID: LCV20232401319 groom, and/or facilitate sexually contacting and/or abusing a young minor child, including Otto Becken’s abuse of Plaintiff. 106. Otto Becken’s sexual abuse of Plaintiff gradually increased in frequency and intensity over time and included, but was not limited to, masturbation, oral sex, penetration and Plaintiff being fondled, groped, and/or inappropriately touched when he was 11-12 years old. 107. The negligence, carelessness, and/or recklessness of Defendants, for the conduct of their actual or apparent employees, agents, servants, representatives, and/or ostensible/aided agents, in the hiring, certifying, assigning, observation, retaining, supervision, management, oversight, direction, administration, and/or otherwise control of Otto Becken consists of one or more of the following: a. Negligent hiring, certifying, assigning, observation, retaining, supervision, management, oversight, direction, administration, and/or otherwise control of individuals in the employ of Cherry Hill Board of Education and School District; b. Failing to use due care in hiring, certifying, assigning, observation, retaining, supervision, management, oversight, direction, administration, and/or otherwise control of Otto Becken and/or Otto Becken’s relationship with plaintiff; and c. Failing to investigate and supervise Otto Becken and his relationship with Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants for compensatory damages, together with interest and costs in an unspecified amount, plus costs, disbursements, reasonable attorneys’ fees, interest, and such other and further relief as the Court deems just and equitable. COUNT III – NEGLIGENT HIRING AND RETENTION Plaintiff v. All Defendants 108. The previous paragraphs set forth above are incorporated herein by reference. 23 CAM-L-002430-23 08/22/2023 2:45:26 PM Pg 24 of 32 Trans ID: LCV20232401319 109. Defendants knew and/or should have known prior to and/or contemporaneous with the relevant time frame during which Plaintiff was sexually abused by Otto Becken that Plaintiff and other young children affiliated and/or associated with its business were vulnerable to and potential victims of sexual abuse. 110. Defendants also knew and/or should have known prior to and/or contemporaneous with the relevant time frame during which Plaintiff was sexually abused by Otto Becken that the access to vulnerable youths, together with the trust and authority placed in his position, makes the position an enticing vocation to pedophiles, sexual predators, and/or others seeking to abuse and exploit children. 111. Defendants owed a duty to exercise reasonable care in the hiring, certifying, assignment, control, selection and/or retention of employees, agents, servants, representatives, and/or ostensible/aided agents, situated in and/or located at the Defendants, Cherry Hill Board of Education and School District, Defendant Doe 1-10, Defendant Doe Institution 1-10, and specifically a duty to be on high look out for possible pedophiles, sexual predators, and others seeking to abuse and exploit children. 112. Defendants, Cherry Hill Board of Education and School District, Defendant Doe 1-10, Defendant Doe Institution 1-10, failed to exercise reasonable care in the hiring, certifying, assignment, control, selection and/or retention of Otto Becken as a teacher, reading instructor, employee, agent, servant, representative, and/or ostensible/aided agent, among other things, the following: a. Failing to conduct a thorough and prope