Union City Schools in Crisis: What the Court Found — and Who’s at Fault

Background: Allegations, Assault, and Abuse of Trust

In 2004, a softball coach and gym teacher employed by Union City High School, Francisco Realpe, sexually assaulted two female students — including Jessica Garcia. Over 15 years later, in 2025, the New Jersey Appellate Division issued a landmark ruling in Garcia / Jane Doe v. Union City Board of Education (A-2404-24 & A-0338-25), clarifying the legal liability of the BOE for those abuses. 

The case revealed that school officials had multiple warnings and “red flags” about Realpe’s behavior — but failed to act, supervise, or protect students under their care. The survivors’ suit alleged negligent hiring, retention, supervision, and a hostile educational environment under anti-discrimination laws. 

What the Court Found — UC BOE’s Legal Failures

The court recognized that the board “had reason to know” about Realpe’s misconduct but “failed to appropriately supervise, investigate, or remove him.”  It held that under the 2019 Child Victims Act (CVA), claims like those of Garcia and Jane Doe — including hostile-environment claims under the Law Against Discrimination (LAD) — are revived and may proceed, even though the abuse occurred decades earlier. 

The court rejected arguments that the board is automatically shielded simply because the abuser was an employee. Because the assaults were “outside the scope of employment,” the board is not automatically vicariously liable — but can be liable for negligent supervision/hiring and for failing to maintain a safe environment. 

The decision therefore makes clear that the board’s protective shield cannot hide deliberate inaction or willful neglect.

In Plain Terms: What This Means for Students and the Public:

1. Liability for sexual abuse

The BOE cannot claim blanket immunity just because the abuser was “on staff.” If school officials ignored known risks, they can be sued.

2. Time-barred claims revived

Under the 2019 CVA, victims like Jessica Garcia can still hold the BOE accountable — even for assaults from 2004.

3. Board failures exposed

The court found strong evidence that UC BOE ignored warnings and failed to protect children.

4. Potential for accountability

Negligent-hiring, negligent-supervision, and hostile-environment claims remain alive — the Board could face damages or be forced to reform.

As one legal summary put it: the decision confirms that “school districts may be held liable for failing to protect students from sexual abuse by employees,” even if the abuse occurred outside the scope of employment. 

Responsibility Doesn’t Stop at the Board — The Mayor Appoints the Board

It matters that the UC BOE isn’t elected by the public. Union City is a Type I school district — meaning all seven board trustees are appointed by the mayor, not elected. 

That puts final responsibility on Mayor Brian P. Stack. Over the years, he has appointed successive boards — including the very trustees who failed to protect children. In effect, Stack has enormous leverage over a system that should serve students and families. 

In past years, this patronage-based appointment system has already drawn criticism — with observers arguing the BOE “serves him, not the students.” 

Put simply: If the BOE failed, then the mayor — who chooses the board — must share responsibility.

Why This Ruling Matters — and Why the Public Should Care

For decades, many sexual-abuse victims in school districts like Union City believed they had no recourse because of immunity protections or because too much time had passed. That is no longer true.

From Union City to Jersey City: Continued to Victimize

In 2023, the former Union City and Jersey City teacher, Francisco Realpe, was sentenced to four years in state prison after pleading guilty to sexually assaulting two students — one in 2004 at a Union City high school and another in 2019.    That 2004 victim is the same Jessica Garcia whose 2021 lawsuit helped bring to light the institutional failures at Union City.    The fact that Realpe remained employed — despite multiple warnings about “unhealthy relationships with students” — exposes deep negligence by the UC BOE, which failed to investigate or remove a known predator after red flags were raised by teachers and supervisors.  

The 2025 ruling:

Reinforces that school boards can — and must — be held accountable for protecting students. Serves as a warning to other districts: ignoring credible warning signs about staff behavior can expose districts to liability. Raises urgent questions about governance: should appointed boards be replaced by elected ones? Should mayors appoint their supporters to boards overseeing student safety?

For parents, students, taxpayers — and voters — the message is unmistakable: “No more excuses. If you control the board, you are responsible.”

What We Know About the Victim — and Why Her Fight Matters

One of the plaintiffs, Jessica Garcia, survived the abuse and pursued justice. Coverage from local outlets describes her as a former student victim who bravely came forward. 

Her lawsuit — filed under the revived CVA window — forced the issue into court, uncovered long-buried failures, and given new hope to other survivors in Union City and across New Jersey.

Her victory isn’t just about money — it’s about exposing institutional failure and demanding accountability from public officials entrusted with children’s safety.

What This Case Means to Other Victims:

In recent weeks, two former Union City students, Jonathan Almeida and Michael Torres, have come forward publicly in live social-media interviews, alleging that current Union City vice principal and former high-school football coach Edwin Marinez exposed himself to them when they were student-athletes at Emerson High School. These allegations — which remain unproven and have not yet resulted in formal charges — echo the same pattern of institutional neglect revealed in the Jessica Garcia case, where the Appellate Division found substantial evidence that school officials failed to act on warnings about predatory behavior.

The Garcia ruling now establishes a powerful legal foundation for survivors: if Almeida’s and Torres’s allegations are ever corroborated, the precedent confirming that school districts can be sued for negligent supervision, failure to investigate, and maintaining a hostile educational environment will directly strengthen their path to justice, accountability, and systemic reform.

Takeaway — What You Should Do, and Demand

Demand a public accounting: The community should require the BOE and the Mayor’s office to explain how Realpe was hired, supervised, and why the warnings were ignored. Advocate for reform: Appointed boards like UC’s create accountability loopholes.

The public should consider supporting a switch to an elected school board structure. Support survivors: The ruling shows that past abuse is no longer hidden; victims should feel empowered to come forward. Hold elected officials responsible: If you live in Union City or Hudson County, remember — the Mayor makes the appointments. Leaders like Brian Stack must answer for board failures.

Conclusion

The Appellate Division’s decision in Garcia / Jane Doe v. Union City BOE lays bare a decades-long pattern of neglect, silence, and institutional protectionism. It shows that legal reforms — like the 2019 Child Victims Act — can and must be used to hold public institutions accountable. But legal tools alone are not enough.

True accountability requires public pressure, civic engagement, and — ultimately — structural change. If appointed boards are going to shield abusers and ignore warning signs, then maybe it’s time the public takes back control.

The victims spoke. The court ruled. It is now the community’s turn to act.