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Published October 20, 2009, 03:12 PM

Man Sues Shanley High School for 1977 Sexual Assault

Minnesota man sues former teacher

By: Dave Kolpack, AP

FARGO, N.D. (AP) — A former student at a local Catholic high school filed a lawsuit Tuesday against his former teacher, the school and the Fargo Roman Catholic Diocese, saying he was sexually assaulted on a school-sponsored trip in 1977.

David Gaffaney, 47, who now lives in Minnesota, is seeking more than $50,000 to cover expenses for medical and psychological help. His lawsuit, filed in state court in Fargo, says he was 14 years old when Charles Anthony "Raimond" Rose sexually assaulted him in an Orlando, Fla., hotel during a school trip.

His lawyer, Patrick Noaker of St. Paul, said Gaffaney came forward when he learned about several other lawsuits filed in Minnesota against Rose. No criminal charges have been filed against him.

"Dave Gaffaney does need some help and I'm hopeful he's going to get some help," Noaker said. "But he doesn't need to get rich on this case. That's not what this is about."

The lawsuit names Rose, Shanley High School, the diocese, Fargo Bishop Samuel Aquila and the Christian Brothers of the Midwest, a religious order and corporation based in Burr Ridge, Ill. Gaffaney's lawsuit says school officials were negligent by not providing a reasonably safe learning and spiritual environment.

Noaker said Rose is believed to be living in a Christian Brothers residence near a high school for boys in Chicago. Rose didn't have a listed phone number.

"Given our dedication to educating our youth, we are deeply saddened to learn that another complaint has been filed stemming from sexual abuse that occurred in 1977 by Brother Raimond Rose," the Christian Brothers said in a written statement Tuesday. "Brother Raimond Rose is currently in his 70s, and has not been in active ministry since 2002. In that regard, Brother Rose has not had any contact with minors since that time."

Officials of the Fargo Catholic Diocese and Shanley High School did not return phone messages seeking comment. Robert Stich, a Minneapolis attorney who has represented the Christian Brothers in previous cases, said he would likely be retained in this case but could not comment until then. It was not clear if Rose had his own attorney.

The Minnesota lawsuits accuse Rose of sexual abuse while he worked at De La Salle High School in Minneapolis and Cretin-Derham Hall High School in St. Paul in the 60s and 70s. Rose spent some time at a retreat center in Stillwater before Christian Brothers moved him to Shanley in 1976, Noaker said.

"The Christian Brothers either knew that he had been in trouble before or should have known by asking," Noaker said.

Noaker said he plans to file two other lawsuits involving sexual assaults that took place while Rose was at Shanley. The lawyer said he will interview administrators who were at the school from 1976 to 1980.

"We're going to have to find them and ask them questions to the extent that they're available," Noaker said. "There's no question that when a decade or two has gone by, there will be some people who won't be available."

Copyright 2009 The Associated Press.

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