The Old Bridge school district has been cited by the state Division on Civil Rights for failing to deal with the harassment over a three-year period of a middle school boy that included derogatory remarks about his Jewish faith and perceived sexual orientation.
The division Tuesday announced it has issued a Finding of Probable Cause against the Old Bridge Board of Education for allegedly failing to take sufficient steps to stop the harassment and bullying of the student while he attended Jonas Salk Middle School from 2004 to 2007.
The boy is identified only as HD because he is a minor.
The school board school district made up of approximately 9,600 students, 12 elementary schools, two middle schools and a high school.
According to the division, on one occasion, the student had papers stuffed down the front of his pants by other students. On another occasion, a middle school staff employee allegedly asked him if he was looking for his purse as the youth checked the lost-and-found. The school district has denied that incident.
But the district's own documentation shows that, during one stretch between early September 2006 and late January 2007, there were at least 11 reported incidents of harassment against H.D. involving 14 different students.
In two of the cases, no action was taken because of a lack of information. In the remaining cases, a total of 12 students received discipline ranging from a verbal warning to after-school detention to in-school suspension. However, the bullying of H.D. continued.
The Finding of Probable Cause cites the school board for failing to take affirmative steps to prevent the bullying of H.D., and for dealing with it only via 'after-the-fact' discipline, without any prevention measures or efforts at broader outreach to students.
'It appears this student went to school in an extremely hostile atmosphere — a climate in which he was subjected to a level of bias-based harassment and torment that no young person should have to endure,' Civil Rights Director Chinh Q. Le said. 'With the new school year about to begin, this is the perfect time to remind school districts they have a duty to create and maintain a safe, nurturing and harassment-free learning environment, and to respond effectively when bullying rears its ugly head.'
H.D. entered Jonas Salk in September 2004, and the harassment began shortly thereafter. According to a log kept by the youth's mother and provided to the division, H.D. was repeatedly targeted for such slurs as 'fag' and 'fruit.' He was also derided for eating 'Jew food.' According to the youth and his mother, these taunts and slurs were aimed at him in school, on the school bus, and on the Internet.
In an interview with a division investigator, a former principal at Jonas Salk — the educator retired in June 2006 — recalled most incidents of reported harassment against H.D. listed in the log. While the ex-principal apparently did suspend two students involved in a locker room incident in which paper was stuffed down H.D.'s pants, he said he generally couldn't recall what disciplinary action he took upon learning of other bullying episodes. He said he rarely documented such discipline unless it involved conduct serious enough to warrant suspension.
The former principal acknowledged telling H.D. during one conversation that he'd understand if H.D. elected to respond to his tormentors physically. He also acknowledged recommending that H.D. transfer out of Jonas Salk and attend the township's other middle school as a solution.
'No matter how well intended, a suggestion that the victim consider resorting to physical aggression against his tormentors, or that he transfer to another school, is neither an appropriate nor a sufficient means for the school district to deal with the unlawful, harassing conduct of its students,' Le said.
Ultimately, the Finding of Probable Cause notes, H.D. became reticent about even reporting further incidents of harassment and bullying at Jonas Salk because doing so never improved his situation. In fact, the Finding of Probable Cause notes, the youth felt he was 'becoming known as a snitch,' which threatened to make matters worse.
A Finding of Probable Cause does not resolve a civil rights complaint. Rather, it means the state has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the state Law Against Discrimination has been violated.
The law provides that each respondent found to have committed a violation is subject to a penalty of up to $10,000. The law also provides for other remedies, including compensatory damages and injunctive relief, such as changes in the employer's policies and management/staff training.
Now that the division has issued a Finding of Probable Cause, the case will be referred for a process known as Conciliation. If Conciliation is not successful, the matter will be referred for a non-jury trial before a state Administrative Law Judge. Once the trial is completed, the presiding judge will issue a written Initial Decision.
Investigator Agnes Roncaglio, Paterson Office Manager Carolyn Paul, Legal Specialist Benn Meistrich, Deputy Attorney General Marisa Slaten and Deputy Attorney General Charles Cohen handled the case." (source)
