WEST MILFORD

'I'm white, you're not': West Milford district ignored racist bullying, suit says

David M. Zimmer
NorthJersey

A current West Milford student claims she was subjected to racist taunts, harassment and physical violence by fellow students and that school officials failed to take appropriate action, according to a court complaint. 

The student, a biracial female, alleges district officials ignored claims of racial harassment and abuse that included text messages and physical assaults. Pervasive in nature, the bullying continued under the knowledge of district staff, according to the complaint.

West Milford High School's front entrance as seen on Aug. 31, 2012.

“She has lived in fear and isolation, because bullying does that to you, for years," said Jeffrey Youngman, the complainant’s Glen Rock-based attorney.

The complaint claims the high school senior suffered emotional distress, discrimination and rights violations due to the district’s negligence that began in 2010, when the student was in fifth grade. Punitive damages are sought.

A subsequent court filing from the school board legal team at Scarinci Hollenbeck of Lyndhurst denies all allegations against district officials. The response does, however, admit the following text messages sent by fellow students that the student and her family allege were reported to district officials without subsequent action:

  • “How black are you on a scale from 1-10?”
  • “KKK coming for you, alright good night and lock the door.”
  • “I’m white, you’re not, you’re mad because I know my father.”
  • “I’ll kill you.”
  • “You’re s***, you’re the black one, your parents are disgusting.”

In addition to having racist provocations from students go ignored by district officials, the teenage girl was repeatedly followed into the bathroom by teachers, denied tutoring and driver’s education courses for an extended period and accused of vaping and having sex in school bathrooms by staff, including an assistant principal, the complaint alleges.

“It’s almost as if they put the victim on trial,” said Youngman. “This is a case where they knew … should have seen that this girl was going to get attacked; should have seen that this girl was going to be the focus of bullying and racism.”

District Superintendent Alex Anemone said the board's response has been given by its legal counsel, which asks for the complaint to be dismissed. Anemone said he had no further comment when asked if the district has implemented any changes in protocol or structure in reaction to the complaint.

West Milford Board of Education Administration Building

The roughly 3,400-student district is more than 90 percent white, based on the state’s most recent enrollment records.

Youngman said he informed the district of this complaint well in advance of the court filing – February 2017, records show – but there have been no settlement negotiations. He said he is confused as to why officials would allow the details of the case to go public instead of trying to resolve a then-private matter.

Allegations include:

  • During the 2011-12 school year, a teacher forcefully took a book away from the student, causing the book to hit the student's lip.
  • In January 2016, a teacher followed the student into the bathroom, questioned her bathroom use and accused her of avoiding her schoolwork.
  • In February 2016, the student was assaulted in full view of a vice-principal, who then retreated to her office and closed the door.

James Foody, the school board president in 2016 and 2017, said he met with district officials and the student's family after the second of two assaults in February 2016. Foody said he "was disgusted to say the least" by the texts and questioned why school administrators did not act sooner to protect the student.

"After reading the complaint in its entirety, I can say that I'm not surprised it was filed," Foody said.

This complaint is not the first filed by Youngman in the past five years involving bullying in West Milford schools. In 2014, the district paid a local family $172,500 to settle a lawsuit that detailed persistent bullying of a cheerleader who stood up for a teammate.

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That student, Rachael Roykovich, was allegedly subjected to a wave of retaliation after attempting to end the taunting of a fellow teammate over her sexuality. Prank calls, rumors and altered pictures followed. Roykovic's mother has since started a Facebook page to share her daughter's story and promote anti-bullying.

“It’s a district that just doesn’t get it and doesn’t understand the anti-bullying bill of rights or harassment, intimidation and bullying on any level where it’s protecting the most vulnerable students,” Youngman said.

Youngman said he expected to start exchanging pertinent documents with the board's legal team in the next phase of the legal process.