Ex-Peabody Teacher Denies Sex Lawsuit Accusations

PEABODY, MA —The former head of the special education department at Peabody Veterans Memorial High School is asking a federal court judge to dismiss a former student's lawsuit against him.

In a motion filed last month, Timothy Montgomery denies he had a sexual relationship with Lynette Occhipinti, the other former teacher names in the lawsuit, or that he used cocaine and smoked cigarettes in front of students during a party at Occhipinti's house. The lawsuit, which also names the city of Peabody and Peabody Public Schools, was filed by a former student who is identified as John Doe in court documents.

Doe claims he was given drugs and alcohol and sexually abused by Occhipinti, a former educational assistant at the school, starting when he was a freshman at the school in 1999. He claims Montgomery, who worked at the school from 1999 to 2002, failed to report the relationship, as required under mandated reporter laws.

A hearing on Montgomery's motion is scheduled for May 14. Occhipinti, who tutored Doe andhas not responded to requests for comment, has yet to file a response to the Doe's November complaint.

In its February response to Doe's lawsuit, the city and school system said Doe did not alert school officials of alleged sexual abuse while he was a student at Peabody Veterans Memorial High School. The city also argues Doe failed to make his complaint during the statute of limitations and that some of his accusations fall outside the city's liability since the sexual relationship continued after he reached the age of consent and graduated from the high school.

In addition to Occhipinti, Montgomery and the city of Peabody, the complaint names as defendants 10 school staff members whose names the man does not remember.