N.J. school district failed to protect student who faced racist bullies for 2 years, lawsuit says – NJ.com

The mother of a Black girl bullied over her race and physical appearance has filed a lawsuit against the Montclair Public Schools, saying district workers neglected to protect her child, who is now under costly psychological care.

The lawsuit, filed June 17, claims fellow students made fun of the girl’s hair texture and body type, and mocked her talents after she sang a tune while visiting a Dunkin’ coffee shop.

The girl lived with her mother and attended the Buzz Aldrin Middle School beginning in 2018, according to the suit, filed in Superior Court of Essex County.

By mid-September of that year, two students harassed and abused the girl, slamming a door in her face, the lawsuit states. The following month, other students picked on the girl both in person and in online group chats.

“We only added you (to the chat) so we could bully you,” one student allegedly wrote online.

The 25-page lawsuit contains a lengthy and disturbing list of names and descriptors the other students used to taunt the woman’s daughter both in internet chats and in person.

The Montclair Board of Education “was placed on notice” of the conduct of the alleged abusers but “failed to perform appropriate investigations, failed to protect (the victim), failed to mete out appropriate discipline, (and) failed to implement appropriate policies,” the lawsuit claims.

When mother and daughter complained, they were retaliated against, according to the suit.

Jonathan C. Ponds, superintendent of Montclair Public Schools, and Paul Roth, the board of education’s interim business administrator, did not immediately respond on Friday to calls and emails seeking comment on the lawsuit.

According to the complaint, a guidance counselor allegedly told the girl that the conduct of the other students was “normal, adolescent behavior,” while the district’s anti-bullying coordinator allegedly said, “bullying is a rite of passage” and that the girl “contributed to the conflict.”

In February 2019, the guidance counselor, principal and vice principal “interrogated” the girl and told her she had provoked the other students into abusing her and said, “So you’re perfect,” the suit claims.

In March 2019, a group of students accosted the girl on the playground, and engaged in “unwanted physical touching,” the lawsuit claims.

“They then followed her, heckled her and recorded their abuse,” the suit states, adding that the board of education was made aware of the incident but failed to react.

The suit accuses all defendants of intentional infliction of emotional distress, and the board of education and middle school staff of negligence and violations of New Jersey’s Law Against Discrimination.

The mother says in court papers the abuse has resulted in permanent damages and that she will be forced to spend more than $3,600 on medical and psychological care for herself and her daughter.

In addition to the district and board of education, the suit names staff members at Buzz Aldrin Middle School and several minor students, who are not identified by name.

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Anthony G. Attrino may be reached at tattrino@njadvancemedia.com.