|
|
N.J. schools fined in anti-gay abuse case
Tue Aug 3, 8:24 PM ET
Mike Lavers, PlanetOut Network
The director of the New Jersey Division on Civil Rights ruled last week that a local school district must pay a former student $50,000 in damages after he was repeatedly harassed and assaulted by classmates who thought that he was gay.
In a 41-page document, J. Frank Vespa-Papaleo stated that the Toms River Regional School District had not done enough to protect the student, who, according to court documents, was repeatedly slapped, punched and taunted by other students over a period of more than a year.
He also found that the harassment was "sufficiently severe, pervasive and offensive to deprive [the student] of an educational benefit" and faulted the school district for not having a clear policy against gay-bashing.
"[The school district's] duty includes teaching students what constitutes unlawful discrimination, as distinguished from general immature and 'insensitive' behavior which is not bias-based," he said. "The schools and their boards of education and administrators have a duty to protect children from harm."
As part of the July 26 ruling, Vespa-Papaleo fined the school district $10,000 for violating New Jersey's Law Against Discrimination (LAD). The district must also revise its student code of conduct to specifically state that "discrimination and harassment based on sexual orientation is prohibited" and to instruct teachers and administrators how to properly respond to harassment based on a student's real or perceived sexual orientation.
Lawyers for the school district, including Thomas Monahan, said they would appeal the Division on Civil Rights' decision and stand behind a judge's earlier ruling that found the district had done enough to protect the student from harassment.
"The decision by the Division on Civil Rights has no merit," Monahan told the Asbury Park Press as he discussed plans to appeal the decision to Superior Court. "An administrative law judge heard testimony and found absolutely no discrimination."
Sean Cahill, director for the National Gay and Lesbian Task Force (news - web sites) (NGLTF) Policy Institute, praised the Division on Civil Rights' decision and told the PlanetOut Network he feels this ruling sends a message to school districts across the country that if they don't protect students, then they could face "significant financial liabilities."
"Always forgive your enemies...nothing annoys them quite so much." Oscar Wilde
|
] 
A Place of Safety
Search
Help
Register
Login
Home
Go Team! 
