Drowning death leads to teacher’s firing

New York City Education Department report sheds light on June tragedy

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The ocean had an east-to-west movement, or "sweep," at Edwards Boulevard on June 22, as many of the 24 students from Harlem's Columbia Secondary School for Math, Science and Engineering dashed into the ocean on the east side of the jetty. Three chaperones watched them, on a day that was meant to be both fun and educational, a reward for raising money for a school walk-a-thon.

The most dangerous place to swim in the ocean off Long Beach, according to Chief of Lifeguards Paul Gillespie, is near a jetty. It creates a false sense of security for many swimmers, while outgoing rip currents pull them away from the rocks and into deeper water. As students stood in seemingly calm water, a current dragged them out.

A number of them yelled for help. "Where is the lifeguard?" Columbia school teacher Erin Bailey is reported to have called out before beginning a frantic search for a 12-year-old student, Nicole Suriel, one of several who became distressed shortly after they were permitted to go into the water. Lifeguards were not on duty.

Suriel was pulled under and, despite a massive rescue effort, after she was found and brought ashore, she was pronounced dead at Long Beach Medical Center.

Those are just a few of the harrowing details in a 19-page report released by the New York City School District on July 14, which sheds light on a fun-filled beach day that quickly turned tragic.

Bailey, 26, an eighth-grade English teacher at the school and a former lifeguard, was fired last week, and two school administrators were disciplined, after the city's Education Department concluded that the tragedy was the result of poor planning and supervision. Bailey declined to speak with investigators, citing her Fifth Amendment rights.

Nassau County District Attorney Kathleen Rice is reviewing the report, having indicated that her office was pursuing a criminal investigation. "[We are] engaged in a thorough review of the facts and circumstances concerning the tragic death of 12-year-old Nicole Suriel," a spokeswoman for the D.A., Carole Trottere, said in a statement.

The report found that Bailey "either failed to realize that there were no lifeguards on duty or failed to recognize the additional danger presented by their absence." It also stated that a lack of adequate planning by the school's principal and assistant principal, a failure to provide a sufficient number of adults to supervise the children at the beach and poor judgment by the teacher in charge contributed to the tragedy.

"One of the things that bothered me about the report's findings is that [school administrators] put a first year teacher in charge — they really need the leadership of the principal and assistant principal to guide them," said Long Beach City Councilman Len Torres, a former principal and superintendent in the New York city school system. "The key here is that the school administrators should have made sure."

Throughout the investigation, Long Beach city officials maintained that signs stating that lifeguards were not on duty were clearly visible, and criticized the school for authorizing the trip. "I'm just gratified that the investigation exonerated the city from any responsibility, as it should," City Manager Charles Theofan said. "I just hope that the aftermath of this tragedy will increase awareness among people from out of town who come to enjoy our beaches."

Suriel's death — along with that of 19-year-old Emanuel Tiburcio in May and numerous preseason rescues when lifeguards were off duty — has residents, City Council members and some lifeguards calling for the beaches to be opened seven days a week earlier in the season.

Longtime lifeguard and school board Trustee Roy Lester asked the City Council at its July 6 meeting to begin the season earlier, saying that three beaches could open and be staffed cheaply, and that the city needs to do more to keep preseason beachgoers safe.

"We've lost lives year after year," Lester said. "People will swim near a lifeguard if given a choice."

Report sheds light

The report includes interviews with members of the Long Beach Police Department, city officials, lifeguards, school administrators and students. According to its findings, Bailey, her boyfriend, Joseph Garnevicus, 28, and Victoria Wong, 19, an intern at the school, arrived in Long Beach with the students at 10:30 a.m. after taking the LIRR, and walked down Edwards Boulevard to the beach.

Although students were advised to stay in shallow water, not long after they were allowed into the ocean, a group of five became distressed.

Bailey and Wong, with help from nearby beachgoers, attempted to rescue them. Four of the five were pulled out, and the police and fire departments, along with off-duty lifeguards, initiated a rescue effort for Suriel. One rescuer managed to grab hold of her, but became submerged and lost contact with her.

About 75 minutes into the search, Town of Hempstead lifeguard Keith Moran found Suriel on the west side of the jetty, and carried her to a waiting stretcher. Rescuers performed CPR before she was taken by ambulance to the hospital, but she was unable to be revived. Bailey was treated for minor injuries she suffered while attempting to rescue the students.

Although Assistant Principal Andrew Stillman sent the students' parents an e-mail telling them about the trip to the beach, and Principal Jose Maldonada-Rivera gave his approval, according to the report, the school did not issue permission slips for the parents to sign.

Stillman has been demoted to a tenured teacher, while Maldonado-Rivera was given two years' probation.

Theofan said he expects the City Council to discuss opening the beaches earlier in the season later this year. "At present, we feel that the way we're operating is the way we're going to continue to operate," he said. "But we always look at everything, and look at better ways to do things, and we're going to do that."

Torres said he hopes the council will take up the issue sooner rather than later. "That should have been something we should have discussed more in-depth," he said, "and it didn't happen."

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