Super: School Silence on Alleged Police Impersonation, Sex Crime Came at Law Enforcement Direction

Toms River school officials did not immediately notify parents about the alleged unauthorized entry of a man identifying himself as a police officer and subsequent sexual contact on a teacher at the request of law enforcement authorities, Superintendent of Schools Frank Roselli said in a letter addressed to parents.

Bruce A. Figular, 50, allegedly entered Intermediate East during a regular school day through an open door, claiming he was a police officer, on or about Jan. 13, and proceeded to the classroom where the Ocean County Prosecutor's Office said he committed a sex crime on a teacher. 

"At the time of the incident, law enforcement officials directed the district to not make public comments about the incident, particularly because the allegation did not involve students," Roselli writes in a letter dated May 6 that is now posted to the Intermediate East website.

Parents — many of whom left comments on an initial Toms River Patch article detailing the charges — are concerned that school district or law enforcement authorities should have alerted the public about the incident immediately after it happened.

"I want to know why the parent of the children at the school weren't notified and why there isn't discussion of how we are going to prevent this from happening in the future," writers Patch reader Maria Sammut-Mascaro. Some are suggesting attending the next Board of Education meeting on May 21, 7:30 p.m. at High School East, to voice their concerns. 

With school security in the national spotlight following shooting tragedies, Patty Caneda, a parent with a student at Intermediate East, said that she took a day off of work to contact local and state authorities about the incident. 

"I think the schools need to get in line with the times," she said. "This entire situation has been handled beyond poorly."

Children were heading to their buses and were not present in the classroom where the alleged aggravated sexual contact occurred, according to Prosecutor's Office spokesman Al Della Fave.

Figular was indicted last week on charges of third degree burglary, third degree aggravated criminal sexual contact, and fourth degree impersonating a law enforcement officer, according to the prosecutor's office. 

Figular was at the building that day to speak about his relationship with the teacher, which appeared to be coming to an end, according to his attorney Robert Fuggi. School security should be taken seriously, Fuggi said, but the charges filed against his client don't represent what happened that day.

"I'm a parent of two young children and certainly you don't want people coming in and out of any type of school," Fuggi said. "There's been a lot of sensationalism to this case."

Roselli said that after entering the school Figular was stopped and questioned by a staff member. He then presented law enforcement identification. Roselli writes that Figular was in school "citing business that he had with a teacher he knew."

"There was no time that students or staff were at risk because the teacher he was going to visit was the sole focus of the accused," he writes. 

Della Fave said that neither he nor Prosecutor Joseph D. Coronato were in their current positions at the time of the alleged incidents and therefore were not involved in any decisions made regarding the release of information. 

Fuggi said that his client had been to the school after dismissal "a dozen or so times" to visit the teacher. Figular only had his retired State Police officer identification with him on the day of the incident, and it is marked as such, the attorney said. 

"He never made a representation that he was an current police officer. He never made a representation that he was investigating or doing something there for law enforcement purposes," Fuggi said. 

Figular served as a State Trooper for six years and retired in 2003, according to an Asbury Park Press report from 2009, when he was charged with aggravated assault for allegedly firing a gun at his then-wife at their home during a domestic dispute. The woman was not injured in the incident. 

Figular said that his client's two-year relationship with the teacher was "healthy" and "consensual" until it eventually dissolved near the time of the charges. On the day of the alleged incidents, Figular had come to the school to speak about his relationship with the teacher. 

"They had a discussion, between two consenting adults. He hugged her and left," Fuggi said. "That's all that happened."

Staff at the school were familiar with Figular and weren't alarmed by his presence, according to Fuggi.

"On other occasions they had kissed and touched each other in the classroom. There were no students there — they were dismissed," Fuggi said. 

Caneda said that the district should consider removing the teacher with whom Figular was involved for allowing him to meet with her on school grounds.

"She's exposed these kids on various occasions," she said. "We would like to see her removed so the children are safe. Whatever is in the best interest of the children."

Figular is free on $50,000 bail set by Judge Francis R. Hodgson Jr. Senior Assistant Prosecutor Michael Weatherstone is prosecuting the case. A pre-arraignment hearing is scheduled for May 21, according to Della Fave. 

In his letter, Roselli apologized for "any distress" the incident brought to the school community.

"...Please know that it is often difficult to respect the confidentiality of law enforcement investigations and, at the same time, provide information to staff members and parents," he writes. "In the future, please know that we will continue to work collaboratively with law enforcement and determine what information can be released on a case-by-case basis."

School district spokeswoman Tammi Millar said that she cannot comment on security measures. But, school and law enforcement officials have met since the incident to discuss safety at Toms River schools.

"Coronato did meet with Toms River school officials and he's comfortable with the safety measures and policies in place," Della Fave said. 

The incident should be a reminder to all school employees to challenge everyone entering a building and ensure they follow protocol, according to Della Fave.

"The most basic thing is to make guests sign in at the front desk — no exceptions," he said.