The Osborn Elementary School counselor who allegedly neglected to address sexual abuse accusations involving two second grade students has resigned from her position.
Emma McCabe, 34, was accused in a lawsuit against the Rye City School District of mishandling a report of abuse from one of her students. The young girl told McCabe, according to the filing, that a male classmate in her second-grade Osborn School class had touched her inappropriately — months after alleged bullying began in June 2023, when both children were in the first grade.
But instead of reporting the disclosure to school administrators or the students’ parents, McCabe allegedly only advised the girl on how to respond if the harassment continued. The lawsuit claims McCabe’s inaction allowed the misconduct to escalate, ultimately causing the student emotional and academic harm.
Although she returned to her position when the school year began, McCabe resigned on Oct. 21, according to city Board of Education documents.
The board retroactively approved her resignation at its Oct. 28 meeting. The Record submitted a freedom of information law request for all documents related to McCabe’s resignation.
The girl’s parents filed the suit in Westchester County Supreme Court in May, seeking $1 million in damages from the school district. They also alleged that Osborn’s principal, Angela Garcia, and district administrators failed to take meaningful steps to protect their daughter once they learned of the abuse.
In a meeting with the family in January 2024, Garcia allegedly acknowledged that McCabe had not followed protocol when she failed to report the allegations, according to court documents.
Neither student was not identified in the lawsuit. McCabe was identified in the lawsuit but was not named as a defendant.
The lawsuit, reported by The Record in July, accused the district of negligence for failing to prevent and properly investigate the repeated bullying and unwanted sexual contact between the students.
The parties appeared to have reached a settlement for an undisclosed amount in late July, according to court documents that have been heavily redacted.
A spokesperson for the school district declined to comment, saying the district does not discuss personnel matters.
McCabe did not respond to The Record’s request for comment.
