Some were confused by the verdict in the Wasim Muhammad sex abuse case. Here are some questions answered.
A jury found Wasim Muhammad and the Camden school board liable on five counts in a civil lawsuit by a former student accusing him of sexually assaulting her when she was a student. What does it mean?
A $1.6 million jury verdict Tuesday against Camden School Advisory Board president Wasim Muhammad and the district in a civil sex abuse case by one of his former students left questions, for many, about what the decision means.
After deliberating for about 5½ hours over two days, the jury of four men and two women rejected claims that Muhammad sexually assaulted the plaintiff starting when he was her seventh-grade social studies teacher 30 years ago. But the jury did hold Muhammad and the district liable for counts including “willful misconduct” and negligence in supervising Muhammad, then known as Donnie Walker, for permitting “a sexually hostile educational environment.”
Here’s what we know and don’t know about the verdict that found Muhammad, 56, now a Muslim minister in Camden, liable on five counts:
Jury verdicts don’t offer their reasonings for findings.
The jury’s verdict, which came down in a series of 18 questions to which they voted “yes” or “no,” does not provide insight into the findings.
For example, the jury found that Muhammad “recklessly or intentionally committed extreme and outrageous conduct” against the plaintiff, but it does not describe the conduct it’s citing. Among the allegations made by the plaintiff, identified as “Jane Doe” in the lawsuit, was that Muhammad took her to a porn theater and made her have intercourse with a stranger while he masturbated. (The Inquirer is not identifying her because it does not identify victims in sexual assault cases without their consent.)
The jury also found that the district violated New Jersey’s law against discrimination. The anti-discrimination law protects against sexual harassment, which could include inappropriate comments. The plaintiff alleged that Muhammad frequently told her, “I like you,” and “You’re beautiful” when she was his student at Cooper B. Hatch Middle School.
Besides the assault and battery allegations it rejected, the jury ruled in favor of Muhammad and the district on four other questions. It rejected a claim that the district “knowingly permitted or acquiesced” in sexual contact by another person, and, therefore, did not violate the Child Sexual Abuse Act.
Muhammad’s lawyer, Troy Archie, said jury deliberations should have ended after the jury found Muhammad was not liable on the sexual assault allegations.
The $1.6 million verdict will likely fall to Camden City Public Schools.
Although the jury found the district 60% liable and Muhammad 40% liable, the Camden school district will be responsible for the entire amount. If the verdict is upheld, the judgment would be paid by the district’s insurance carrier.
Under state law, the district could not recoup Muhammad’s portion — $640,000 — because he was considered an employee at the time of the allegations. The jury did not allocate any financial responsibility to Muhammad’s wife, Stephanie, or a man referenced during testimony as Will. The plaintiff said Will was involved in a sexual act that Muhammad inflicted upon her, and Stephanie was aware of her husband’s relationship with the plaintiff. The defense sought to add both to bear a portion of any judgment. Stephanie is Muhammad’s legal wife, but he has other wives he has married under his Muslim faith.
Before the trial, an arbitrator recommended a $1 million settlement, but that was rejected by all parties.
Doe’s lawyer, Jeffrey Fritz, also plans to try to recover his legal fees with interest, which he said could total several million dollars.
The jury will return in June to decide punitive damages.
Superior Court Judge John Kennedy ordered the jury to return on June 17 to answer a final question.
When the jury returns, it will decide whether punitive damages should be awarded in addition to the $1.6 million verdict. The punitive phase is similar to a “mini-trial,” said Fritz, with testimony given on the school district’s and Muhammad’s finances. The jury will be asked to decide whether both should pay punitive damages, and if so, how much each should be punished.
Fritz is expected to seek testimony from Camden’s business administrator Raymond Coxe, a forensic expert, and possibly Superintendent Katrina McCombs. The judge said the testimony would likely last about a day.
Unlike the $1.6 million verdict which would be paid by the district’s insurance carrier, any punitive damages would be incurred by the district directly. The Camden school district, under a state takeover since 2013, is largely funded by state and federal tax dollars.
The governor has called for Muhammad to resign from the school board
Hours after the verdict was announced, Muhammad said he plans to remain on a leave of absence from his board position, at least for now. Muhammad has been a minister at Muhammad’s Temple No. 20 for 15 years.
After the verdict, Fritz called for Muhammad to be ousted from the nine-member board. A board member can be removed after missing three consecutive meetings, and Muhammad has had seven absences.
In a statement Tuesday, a spokesman for Gov. Phil Murphy said: “While we understand litigation is ongoing, the appalling and heinous nature of these allegations casts doubt on Mr. Muhammad’s ability to effectively serve the Camden City School District. The governor believes he should immediately resign.”
Muhammad was appointed to the school board in 2013 and later elected to two three-year terms. He has been president since 2020. The board serves in an advisory capacity and has no decision-making authority. The board is scheduled to meet at 5:30 p.m. Monday at Camden High School.
The plaintiff has claimed a victory.
Married and the mother of three, the plaintiff returned to her home in the South hours after the verdict. She plans to return to New Jersey for the punitive phase next month. In the meantime, she planned to spend time with her family after completing the school year as a first-grade teacher.
“A weight has been lifted, a 31-year weight,” she told The Inquirer. “I feel like it is what I had to do.”