New Jersey Sets Strong Anti-Bullying Tone

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New Jersey continues to set the tone for the country when it comes to anti-bullying measures. The state’s Division of Civil Rights recently awarded damages to a Toms River student who was bullied due to his sexual orientation. The case, which was originally decided in 2007 under New Jersey’s Law Against Discrimination, paved the way for the state’s ground breaking Anti-Bullying Bill of Rights Act of 2011.

In L.W. v. Toms River Regional Schools Bd. of Ed., a Toms River student was repeatedly harassed by other students who called him names like “faggot" and physically attacked him. While the abuse was reported to school officials and some disciplinary action was taken, the bullying escalated from fourth grade to high school. After years of mistreatment resulted in the student leaving the school system, the student’s mother filed a complaint against the school district with the Division of Civil Rights on her son’s and her own behalf. She alleged that the school district’s failure to take corrective action violated the New Jersey Law Against Discrimination (NJLAD).

The New Jersey discrimination lawsuit ultimately made it to the New Jersey Supreme Court, which created new precedent when it ruled that a school could be held liable for harassment under the NJLAD. In this case, it found that the school district failed to take reasonable steps to stop the bullying. In the most recent decision, the school distract was ordered to pay $50,000 in damages, $18,269 in interest, $28,175 in attorney’s fees and $10,242 in interest on those fees. The district was also assessed a $10,000 penalty under the LAD. 

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Published In: Civil Rights Updates, Constitutional Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Donald Scarinci, Scarinci Hollenbeck | Attorney Advertising

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