Client: Board of Education of the Township of Lacey
Court: New Jersey Commissioner of Education
Trial Attorney: Geoffrey N. Stark, Esq. and Sanmathi Dev, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Petitioner, the mother of a high school student, appealed on behalf of her child, B.C., a decision of the Lacey Township Board of Education which found B.C. responsible for a violation of the school district’s Harassment, Intimidation, and Bullying (“HIB”) policy. The matter involved an interaction between B.C. and a transgender classmate in the boys’ bathroom, where B.C. remarked that “girls should not be allowed in the boys’ bathroom.” Following an investigation by the school’s anti-bullying specialist, the Board determined that B.C.’s conduct did constitute a HIB violation.
On appeal to the Commissioner, the mother argued that B.C. was simply stating an opinion, and that he had not meant for the classmate to hear the comment. Because both B.C. and his mother admitted that B.C. had made the offending comment, the Board moved for summary decision. Upon reviewing the record the ALJ granted the motion, finding there was no question that the comment had been made, and that it was reasonably perceived as motivated by the classmate’s gender identity, which is a protected characteristic under the Anti-Bullying Act. Therefore, the Board acted reasonably in determining that B.C.’s actions were a violation of the HIB policy. Accordingly, the ALJ granted the Board’s motion and dismissed the Petition.
Upon review, the Commissioner concurred with the ALJ’s reasoning an adopted the Initial Decision as the Final Decision in this matter.
