05/09/2007
New Jersey Students Stage Walkout in Support of Teacher
Four students at a New Jersey high school were suspended after 200 staged a walkout to protest the school's decision to withdraw an offer of tenure to a popular teacher who had objected to anti-gay slurs in her classroom. Cheryl Bachmann reportedly fought to have one of the students who had made a slur permanently removed after the student "was heard screaming in the high school’s hallways, using expletives and threatening to stab Bachmann."
According to The Record, "Students planned the protest after learning Bachmann was told in late April she probably will not be offered tenure. This decision followed an initial indication in March that Bachmann would be asked to remain at the high school. During the month in between, Bachmann had asked two students to leave her class on two separate occasions after she said they both used a derogatory word for a homosexual. According to her, one of the students hit her in the head with a rolled-up gum wrapper on his way out and the female student later threatened to stab Bachmann."
Although the incidents appeared to have some connection with the school's withdrawal of their tenure offer, according to the paper, "administrators say they can't speak about individual teachers or students, but a memo obtained by The Record said there were 'serious concerns about her classroom management and ability to effectively control and tolerate unacceptable behavior.'" The students who were suspended on Tuesday, according to a school official "used profanity, were climbing on each other’s shoulders and out of control" during the walkout.
Posted 9:07 AM EST by Andy Towle in Education, New Jersey, News | Permalink
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This creates a verifiable paper trail that unambiguously shows the school is/was aware of the incidents that were occuring. One of the biggest barriers to suing a school for their lack of action against such bullying or harassment is that school officials claim they didn't know it was going on. For example, under the Title IX Education Amendments of 1972, a student subjected to sexual harassment (which may be an avenue y'all can pursue if any of the harassment has any sexual overtones), schools are only liable for student-on-student sexual harassment if "they are deliberately indifferent to sexual harassment, of which they have actual knowledge, that is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school." (quoted from a case called Davis v Monroe Co. Bd. of Education, dealing with liability under Title IX. This is a key case to any Title IX challenge against the school, especially since it came out of the 11th Circuit, which Florida is in).
You should also keep an ear to the ground about other incidents at the school and how school officials react in those cases. If they address harassment of a female student, but not your friend's son, you can add sex discrimination to the mix or if they aren't doing anything for anyone, it goes to a pattern of lack of action in these matters making deliberate indifference easier to prove.
Next is another important step to pierce the school and school officials' immunity shield: CLIMB THE LADDER. School's often get away with getting a case dropped because plaintiffs haven't "exhausted all administrative remedies" even though such is not strictly a requirement of penetrating qualified immunity. It can only help though, especially if you get a bigot judge. What is meant by climb the ladder is that if simply reporting the incidents to the vice principal doesn't get anywhere, next take the matter to the principal or any official with authority over that campus. If the situation still does not improve, climb up the next rung to the principal's head to his superior, either an assistant superintendent or the superintendent. Continue up all the way to the school board in necessary. One particularly effective means of doing this if the bullying or harassment has sexual overtones is to file the incident specifically noting Title IX. Under 34 C.F.R §106.8 and §106.9, schools are required, by law, to 1) have a policy regarding sexual harassment, 2) notify students and parents of that policy, 3) disseminate the complaint procedures created by the policy to students and parents and 4) designate atleast one employee to coordinate compliance with Title IX. Follow their procedures notifying that designated person (usually the principal) in writing mailed by certified registered mail. This should demonstrate the seriousness with which you take the ongoing harassment. Follow through on all such complaints. Hold them to the deadlines for responses.
If by this point, the school is not doing what it should to stop the harassment, you will have a rock solid case where any first year associate fresh out of law school could best a season law firm with a billion combined years of legal experience (of course such firms would impress on the school to do their job lest they lose their shirts in court).
Posted by: Craig | May 9, 2007 3:18:15 PM
Just a final comment. As much as I want to see the barricades stormed over this, too, we must remember the sensibilities of the student and that only he and his family can decide how "public" they want the resolution to be. In any case, bless you, Zeke, for being their champion.
Also, here's the shorthand on the amazing [ 11 YEAR-OLD!!!] Nabozny case:
"For four years Jamie Nobozny was subjected to relentless antigay verbal and physical abuse by fellow students at his public high school in Ashland, Wisconsin. Students urinated on him, pretended to rape him during class, and when they found him alone kicked him so many times in the stomach that he required surgery. Although they knew of the abuse, school officials said at one point that Nabozny should expect it if he’s gay. Nabozny attempted suicide several times, dropped out of school and ultimately ran away. But he wanted to make sure that other students didn’t go through the same kind of nightmare. He sued his former school, but a trial court DISMISSED HIS LAWSUIT!!! [emphasis mine] Lambda Legal took over his case before a federal appeals court, which issued the first judicial opinion in the nation’s history finding that a public school could be held accountable for not stopping antigay abuse. The case went back to trial and a jury found the school officials liable for the harm they caused to Nabozny. The case then settled in his favor for $900,000."
JAMIE S. NABOZNY, Plaintiff-Appellant, v. MARY PODLESNY, WILLIAM DAVIS, THOMAS BLAUERT, et al., Defendants-Appellees.
Posted by: Leland | May 9, 2007 3:18:35 PM
Thanks for all the support and suggestions guys.
Lamda Legal just called back. They are VERY interested in this situation and will be speaking to the parents later today.
I try to keep y'all informed.
Leland, those stories are heartbreaking. Stories like those are precisely why I am so OUT. If the knowledge that I am a gay man, who has refused to be limited by other people's issue with my sexuality, can inspire one kid, or save one kid from feeling that they are alone with no hope (as I did growing up in rural Mississippi), or can help to save one kid from committing suicide in a moment of desparation, then that is reason enough for me to risk whatever may come by living openly, proudly and unapologetically out.
Posted by: Zeke | May 9, 2007 3:36:46 PM
Thanks Craig, great advice.
I feel very confident that Lamda Legal will investigate this thoroughly after interviewing the child and his parents and that they will properly and effectively address the situation.
As much as I would love to storm the gates of the school with the hounds of Towleroad by releasing the school name and city, the family's privacy and fixing the problem are my first priorities. I won't do anything that might threaten the family's privacy or safety, or anything that might interfere with the legal process.
I will keep everyone updated as things move forward.
By the way, the Florida state House passed an anti-bullying bill a couple of weeks ago but ONLY after the bill's sponsor removed specific categories PRECISELY because legislators objected to the listing GLBT kids, and those suspected of being GLBT, among a list of other commonly targeted groups.
Posted by: Zeke | May 9, 2007 3:55:23 PM
Just wanted to offer my words of support. No one should have to go through idiocy like this. The teacher in the above story and especially not a kid.
This is why we need to be teaching our kids (all kids) that they are worth standing up and fighting for. Yes, physically if necessary.
Posted by: Dean | May 9, 2007 4:04:03 PM
Studies have shown that teachers generally come from the bottom 20% of their college classes, suggesting a certain lack of professional qualification in most fields--and it's not like teachers colleges are elite to begin with. The result, in combination with tenure, is very risk-work-averse careerism that essentially warehouses kids until they graduate. Bullying is only part of the problem.
Posted by: anon | May 9, 2007 4:52:06 PM
i would add that there might be a lot more to this that we don't know. andy you make it appear that this incident of the gay slur kid is why she isn't being granted tenure. as one that works in a school system a whole lot more could be involved in this. she could be generally pretty difficult and that was manifested in her behavior with regard to this incident and others. the full story is not known.
PS Anon please refer me to the study you speak of.
Posted by: poodle | May 9, 2007 4:58:49 PM
Jessica H. Fucking Christ. Call me a fool. I thought just once we were going to have a discussion without one of the Dickless Defenders of the Status Quo slither in. OF COURSE, we don't know ALL the facts. Just like we weren't in the Ft. Lauderdale airport when some religionist idiot decided to play recordings of homohating scripture over the PA. Maybe we'll YET find out he actually luvs The Gays but his children had been kidnapped by Jerry Falwell and was forced to do it. Of course, we weren't there when Nadine Smith was thrown to the ground by four cracker cops. Maybe they sincerely confused her with an armed & dangerous Black lesbian activist on the FBI's 10 Most Wanted List. MAYBE 200 New Jersey kids had just been praying all year for an excuse, ANY excuse to stage a walkout. End of Semester Fever. Mass morning wood. Etc. But, maybe, just maybe, there is something to the story of another teacher being sacrificed on the bonfire of homophobia raging in this country and we don't need another GODDAMNED SELF-LOATHING COCKSUCKER TO VOLUNTEER FOR BUTT MONKEY DUTY FOR THE AMERICAN TALIBAN!
Posted by: Leland | May 9, 2007 5:21:27 PM
In response to Shane's above comment, I'm a teacher who teaches at a Catholic school, and I have called out students (and corrected them too) who have said something homophobic in my class.
Prejudice is prejudice is prejudice, whether it's homophobia, racism or sexism.
Posted by: qwerty | May 9, 2007 8:00:04 PM
Well, I took my laptop with me to CHURCH tonight, to show the parents of the child how much support and encouragement they were getting from this discussion; I click on the comments link and leave it for the parents AND my pastor to read totally unaware of the little love note that my good friend Leland had left for Poodle.
How’s that for an embarrassing moment?
Thank goodness I go to a VERY progressive church! My pastor just laughed and said, “It’s a good thing he’s on OUR side!”
Leland, querido, I love ya but that was WAY not nice and WAY over the top bubba.
Posted by: Zeke | May 9, 2007 11:02:22 PM
After talking to an attorney at Lambda Legal and being told exactly what to do, the parents set up a meeting with the principal for 7 o'clock Friday morning.
The mother feels so relieved that she is getting help to protect her son.
She and her husband are very grateful for the support and advice that they got here as well.
She will probably drop by here tomorrow to make a personal statement.
Take care guys and thanks again for your concern, support and suggestions.
The Towleroad community ROCKS!!!
Posted by: Zeke | May 9, 2007 11:09:19 PM
Wonderful news, Zeke. I hope Mom and friends kick ignorant boo-tay.
Posted by: Dean | May 10, 2007 3:32:37 AM
Wonderful news, Zeke. I hope Mom and friends kick ignorant boo-tay.
Posted by: Dean | May 10, 2007 3:34:26 AM
The reason why the Korean guy killed all those people in VT is because all during high school he was made fun and haunted for the way he looked, for the way he talked and for everything. Virginia high school is the cause and to blame for the massacre. It is not the first and it will not be the last. For as long as bullies are permitted to terrorized other kids, and teachers do not intervene, there will be massacres and the communities deserve them for their behavior.
Posted by: Oscar | May 10, 2007 3:50:09 PM
Hi, this is the mom of the boy and Zekes friend, Zeke showed me all you replies last night, and I had tears in my eyes. Thank You so much, your support means very, very much to me, my family and of course to my son.
I called lambda legal yesterday, they did the initial interview and now it is my term to collect all the papers and transcripts of the countless conferences we had before. It is true, I did not know the full extend of the harassment, the assaults and bullying that my son experienced. It is so sickening to us all. My son was silent, but I understand this is a typical behavior of a bullying victim.
We are going to have a meeting tomorrow morning at 7:00am with the principal, and lambda advised me well what to say and to do.
I will not be quiet anymore, I am not playing nice again, I will raise awareness, because this is hell our children are going through.
Zeke, godfather-to-be, thanks again, we could not do this fight without your all support.
If you like, I will keep you updated here, and depending how things are going, I will post the name of the school here, promised.
Posted by: kirsy71 | May 10, 2007 4:07:35 PM
GO MOM!! The slogan for AIDS awareness is appropriate here as well... Silence=Death. Like most evil, bullies like to hide in the dark... don't let them.
Yes, please do keep us updated. You have our love, support and prayers.
Posted by: Dean | May 10, 2007 6:06:38 PM
"The reason why the Korean guy killed all those people in VT is because all during high school he was made fun and haunted for the way he looked, for the way he talked and for everything. Virginia high school is the cause and to blame for the massacre...the communities deserve them for their behavior."
Excuse me Oscar?? Let me get this straight, an entire community of people who have absolutely nothing to do with the ALLEGED bullying of the VT murderer, DESERVE to have their loved ones brutally murdered?
Your comments are beyond the pale.
The murderer did what he did not because he was bullied, not because of what anyone else did to him, but because he was unable to deal in a mature adult fashion with the resentment and anger he felt towards people who he saw as better off than him. Instead of shrugging off his insecurities and/or dealing with any problems he had through proper channels, he did the most gutless and cowardly thing a human can do - took the lives of others and then, to avoid punishment, took his own.
Don't blame the victims, arsehole. This isn't a case of an battery victim killing their attacker in self-defence.
I was mercilessly bullied all through my school years, but I didn't go off and murder all the people who did it to me. I got back in a decent way, by making something of myself and being a better person than my attackers.
So fuck you Oscar.
Posted by: Charlie | May 11, 2007 4:16:45 AM
The mom called to let me know how the meeting with the principal went this morning. She said it was a "mixed bag". The principal said she would "investigate" further but she cut the parents off every time they tried to give a detailed description of what was being said and done to their son.
One REALLY good thing has happened. The science teacher who told the kid to "toughen up and stop being a tattle tale" is no longer employed at the school. He was apparently fired in the last week for unknown reasons but most certainly for reasons NOT related to this particular case. Regardless of why he was fired I'm just glad he's gone!
The principal said that she would do some more investigation and contact the parents on Monday. I find it strange that she feels that she will be able to investigate this properly in less than a day but we'll see what she comes back with Monday.
The first step has been taken. The ball is now in the court of the school. If there is no satisfaction then Lamda Legal will officially step in.
We will keep you guys updated.
On a happier note Jerry and I will become the god parents of these parents' youngest two children (they have 7 in all!) when they are baptised Sunday. This is the greatest honor that anyone can bestow on another person.
Posted by: Zeke | May 11, 2007 1:57:10 PM