School had been in session for just over two weeks last Sept. 16 when North Shore Middle School student Anthony Martignetti came home from football practice and told his mother that he had been hit in the head by Coach David Sanford, resulting in a bloody nose, according to the boy's mother, Jane Martignetti. The Nassau County district attorney's office subsequently charged Mr. Sanford with third-degree assault, endangering the welfare of a child and harassment, spokesman Rick Hinshaw said.

The incident has been back in the news this week because of two new developments. Mr. Sanford's attorney, Michael DerGarabedian, has served the Martignetti family with a civil complaint, alleging his client was defamed by statements made on Sept. 16 by Anthony, George and Jane Martignetti.

At just about the same time, school officials confirmed that Mr. Sanford, a physical education teacher with more than 20 years in the North Shore district, was returned to his teaching position at North Shore High School, after being reassigned to an administrative position since the incident occurred.

Adam Sternberg, attorney for the Martignettis, has concerns about the reinstatement. "According to a statement made by Warren Richmond, attorney for the school district, there is the implication that the district has taken all necessary steps to ensure the welfare of Anthony and the other students vis-a-vis Mr. Sanford. I don't believe that has been done," he said. Mr. Sternberg referenced the State Department of Education's Office of School Personnel Review and Accountability (OSPRA) whose responsibility it is to make a "determination of good moral character" regarding any teacher who has committed an act which raises questions of character. In this case, Mr. Sternberg says, Mr. Sanford has shown continuous behavior which warrants reporting by the school district to OSPRA. Mr. Sanford has had three arrests and convictions for drunken driving and was sentenced to 60 days in Nassau County jail in 1995, and 16 weeks in 2001, when he was found to be driving drunk near the Glenwood Landing Elementary School. The North Shore School District fined Mr. Sanford $100,000 after an investigation of the incident, said Mr. Sternberg. "In this case in particular, where the teacher in question is a convicted felon, it is most imperative that the school district notify OSPRA. Part 83 of the New York State Education Department regulations makes it very clear that a school district 'shall' refer a teacher in question, not 'should' or 'may.' If North Shore has not done that, then they haven't taken all necessary steps. I think this referral is mandatory. I filed a report and I want to know if the school followed proper procedure."

When asked if a report was filed with OSPRA, Mr. Richmond said it was not. He added, "Mr. Sanford is innocent until proven guilty. The district would not have put him back in the classroom had we thought there was a danger to students. That was an action that was taken very carefully and very deliberately."

Mr. DerGarabedian said Anthony Martignetti made the whole story up. He said the boy changed his story with regard to what time the incident happened, and that there are witnesses who swear Sanford never hit Martignetti, including an assistant coach who administered first aid to Anthony when he saw the boy's bloody nose. The assistant stated that Anthony told him he gets bloody noses all the time. Mr. DerGarabedian has said that Anthony wanted to quit the football team, but did not want to disappoint his father by doing so, so he "hatched this plan." The attorney stated, in defense of his client, "The North Shore community has exhibited an overwhelming amount of support for David Sanford and that support is warranted and justified. David has maintained his innocence from the beginning and as the investigation continues, his defense becomes stronger and stronger."

When asked about the idea that Anthony did not want to tell his father he wanted to quit the team, Mr. Sternberg said the allegation was "Nonsensical and preposterous, completely without substance. Mr. Martignetti has no particular interest in sports. It is Anthony who has the desire to pursue sports. And yet he and a friend both resigned from the football team after Anthony was struck by Mr. Sanford." Mr. Sternberg said that friend will testify he saw the coach hit Anthony. He stated it is his opinion that the school district has done a sloppy investigation into the incident, adding, "Obviously the district is circling its wagons around Sanford and I don't know why."

Lorraine Deller, executive director of the Nassau-Suffolk School Boards Association, said that while school officials are required by state law to investigate the case, it is ultimately up to the individual district to decide whether to allow the coach to return to teaching while the criminal case is being resolved.

Jane Martignetti said she's irate that Mr. Sanford is still in contact with children. "I just want him away from the students," she said. "If anything happened with this coach, I wouldn't be able to live with myself."