11/23/2010

News / Attorney General, Division on Civil Rights Announce Finding of Probable Cause Against School District Where Student Was Subject to Alleged Harassment, Bullying

TRENTON – Attorney General Paula T. Dow and the Division on Civil Rights announced today the Division has issued a Finding of Probable Cause against the Board of Education in Emerson Borough, Bergen County for allegedly failing to take sufficient steps to stop the harassment and bullying of a male student that went on for six years.

Named as sole Respondent in the Finding of Probable Cause, the Emerson Board of Education oversees a district made up of three schools including two elementary schools and the Emerson Junior/Senior High School. According to the Division, the district failed to effectively deal with continued verbal, physical and cyber-harassment of the male student – identified only as J.C., Jr. – that began in 2002 and continued through 2007. The harassment occurred while J.C. was attending junior and senior high school in Emerson, and was focused on the student’s perceived sexual orientation.

The alleged harassment, which was reported to school officials numerous times, included name-calling and derogatory remarks from other students about J.C’s perceived homosexuality, as well as physical assaults and threats of violence. In addition, students on one occasion created a page on a social networking Web site that described J.C.’s sexual orientation as “unknown,” and also depicted him as a female. Students also are alleged to have circulated derogatory drawings of J.C., including at least one that depicted him performing a sex act on another male.

“Our investigation suggests that this young man was the target of consistent harassment for a period of years and that, despite the existence of a written ‘zero tolerance’ policy regarding such conduct, his fellow students routinely subjected him to the kind of torment no one should have to endure,” said Attorney General Dow.

“Anti-bullying policies are only effective if they are enforced,” said Division on Civil Rights Director Chinh Q. Le. “School districts have a duty to actively prevent harassment. They have a duty to create and maintain a safe, nurturing and bullying-free learning environment. When the kind of conduct alleged here rears its ugly head, they are obligated to take affirmative steps reasonably calculated to end the harassment.”

The Emerson school district has denied that J.C. was a victim of discrimination. The district also contends that any incidents of harassment or bullying reported by J.C., as well as any student actions against J.C. that warranted discipline, were dealt with accordingly.

However, the Finding of Probable Cause notes that J.C.’s parents reported at least 17 instances of harassment to Emerson school officials, yet the parents of students implicated in those incidents were not contacted. In addition, it appears from records maintained by the school district that meaningful discipline was rarely imposed.

According to the Finding of Probable Cause, J.C. was the target of such slurs as “gay,” “homo” and “faggot” during significant portions of his junior high and high school years. The Finding of Probable Cause notes that Dean of Students Robert E. Carcich confirmed to Division investigators that he received many complaints from J.C.’s parents about incidents of alleged name-calling and bullying. Carcich told investigators that, in each case, he spoke to witnesses who failed to corroborate J.C’s allegations. However, Carcich was unable to provide documentation to support his account.

In early 2004, J.C. was allegedly punched in the stomach by a fellow middle school student. J.C. reported the incident to his parents, who spoke to the attacking student’s mother about it. Approximately a month later, the same student allegedly threatened to slit J.C.’s throat if he ever talked about him behind his back again.

In September 2005, J.C. was allegedly assaulted in high school wood shop class by a different student. J.C.’s father complained by e-mail to high school principal Israel Bordainick and Assistant Principal Richard Orso, and as a result J.C.’s class schedule was changed. The Finding of Probable Cause notes that there is no evidence the assaulting student was disciplined, or that his schedule was altered in any way. The Finding of Probable Cause also notes that Principal Bordainick sent an e-mail to J.C.’s father asserting that it was J.C. who’d instigated the wood shop incident.

In May 2006, another student -- identified in the Finding of Probable Cause only as M.F. -- allegedly menaced J.C. by telling him he intended to bring a gun to school. The Emerson Police Department was notified, and a subsequent search of M.F.’s home resulted in the seizure of guns and knives belonging to both M.F. and his father.

According to the Division, M.F. was placed in a psychiatric facility for evaluation. He was detained for weapons possession but later released and allowed to return to school. In September 2006, J.C.’s father advised Emerson Superintendent Vincent Taffaro that he was concerned for J.C.’s safety because -- despite assurances that M.F. would not be allowed near J.C -- M.F. was scheduled to be in three classes with J.C. that school year. The superintendent allegedly responded that the matter had been handled within school district guidelines, and that the district had sought the expert opinions of a psychiatrist and the local police before allowing M.F. to return to school. Taffaro also advised J.C.’s father he could seek a restraining order if he felt it necessary.

For an 11-day period in April 2007, J.C. underwent home schooling after a physician treating him wrote to district officials and advised that J.C. had been suffering from stress, which he blamed on being bullied. J.C. resumed in-school study in mid-April 2007 and, as part of his re-entry, was assigned an aide to help him avoid bullying situations. However, a harassing incident involving three other students occurred within a month. After another alleged incident involving a threat by a fellow student on May 17, 2007, J.C. was afforded home schooling for the remainder of the academic year.

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 New Jersey’s Law Against Discrimination (LAD) has been violated. The LAD provides that each Respondent found to have committed a violation is subject to a penalty of up to $10,000. The LAD 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 Emerson Board of Education 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 an Administrative Law Judge. Once the trial is completed, the presiding Administrative Law Judge will issue a written Initial Decision.

Attorney General Dow and Division Director Le thanked Investigator Adriana Tovar, Paterson Regional Manager Carolyn Paul, Legal Specialist Benn Meistrich, and Deputy Attorney General Charles Cohen for their work on the Emerson Board of Education case.

http://www.nj.gov/oag/newsreleases10/pr20101123a.html

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