Andrew Westphal, a 31-year-old loan officer from Westchester County, has spoken to a local New York City publication about a case he filed against Saint Thomas Church Fifth Avenue over alleged multiple sexual assaults he experienced while attending the historic Manhattan congregation.
On September 8, Westphal filed a lawsuit against the Rev. Mark Schultz—who joined Saint Thomas in 2021 as associate for pastoral care—his husband, Erich Erving, and William Davis, a registered nurse who was a member of the Parish House Staff of Saint Thomas. Bishop Matthew Heyd of the Diocese of New York was also named a defendant in the case.
In a story written by Adam Daly for amNewYork and published on September 24, Westphal said he was sexually assaulted by Schultz and Erving while attending a gathering at an apartment on West 58th Street in Midtown Manhattan. According to the lawsuit, the property is owned by the church and houses clergy and choir school staff.
The complaint said, as reported by Daly, that Westphal was inappropriately touched by both Schultz and Erving while inside the residence, leaving him “shocked and speechless” and prompting him to leave early.
The case said another encounter followed, this time with Davis, in November 2024. Westphal claims that Davis showed him inappropriate photos while at the foyer of the parish after a Sunday service, expressed sexually inappropriate remarks, and touched him inappropriately.
Westphal alleges that Davis assaulted him on multiple occasions, including an incident in December 2024, when the nurse followed him into a men’s restroom.
Daly reported that Davis is no longer employed at the parish, while Schultz and his husband no longer live in the Midtown apartment. In a September message shared with the congregation, the Rev. Carl Turner, rector of Saint Thomas, said that Schultz is on leave because of the lawsuit.
“Please understand that, because of litigation, we cannot enter into discussions about this matter,” Turner wrote. “Our clergy and staff also have no further information to share with you at this time.”
Concerning the allegations and the lawsuit, the parish issued this statement with TLC:
“The safety of all those in our communities is of paramount importance to Saint Thomas Church, and we adhere to Safe Church practices. An adult has made allegations of sexual misconduct against a current employee and a former employee of Saint Thomas Church in a recently filed lawsuit. Our baptismal vows demand that we respect the dignity of every human being.
“We take any accusation of unsafe conduct seriously, and we are properly assessing and responding to the lawsuit by taking all steps necessary according to best practices and our parish and Diocesan Safe Church policies.”
In the amNewYork report, Heyd said he supports the parish’s actions regarding Schultz and that he has also placed Schultz on administrative leave from the diocese. The bishop said Schultz’s leave does not suggest “an indication of a conclusion.”
Saint Thomas counted many prominent New Yorkers as parishioners during the Gilded Age. It is also the only church in North America with a residential boys’ choir school—the Saint Thomas Choir School, founded in 1919.
Because of financial constraints, the school’s academic program has been managed through a collaboration between the Choir School and another institution since the start of the year.
Three years ago, Turner, together with the head of the Saint Thomas Choir School and the chairman of the Choir School Board of Trustees, disclosed the results of a 14-month investigation conducted by T&M USA, an intelligence and investigative firm, into allegations of sexual misconduct between minors and employees of the parish and school during the 1970s, 1980s, 2000s, and in 2020.
The firm concluded that all allegations occurred “more likely than not,” but “found no evidence to support the conclusion that the School was aware of any of the sexual misconduct at the time of its occurrence.”
TLC sought comment from T&M USA about the case involving Schultz but has not heard from the firm.
CORRECTION: This story has been updated to clarify details about the employment of William Davis and the governance and academic program of Saint Thomas Choir School. An unsubstantiated allegation has also been removed from the story.
Saint Thomas Church Fifth Avenue is a financial supporter of The Living Church.
Caleb Maglaya Galaraga is The Living Church’s Episcopal Church reporter. His work has also appeared in Christianity Today, Broadview Magazine, and Presbyterian Outlook, among other publications.
