The Division on Civil Rights announced August 31, 2010, it has issued a Finding of Probable Cause against the Board of Education in Old Bridge Township, Middlesex County, for allegedly failing to take sufficient steps to stop the harassment and bullying of a student during his years attending a township middle school.
Named as sole Respondent in the Finding of Probable Cause, the Old Bridge Board of Education oversees a school district made up of approximately 9,600 students, 12 elementary schools, two middle schools and one high school. According to the Division, the district failed to deal effectively with the harassment of a Jonas Salk Middle School student – identified only as H.D. because he is a minor – that began in the fall of 2004 and continued through the end of the school year in 2007.
The harassing conduct included derogatory remarks from other students about H.D.’s perceived sexual orientation, as well as his Jewish faith. On one occasion, the student had papers stuffed down the front of his pants by other students. On another occasion, a middle school staff employee allegedly asked him if he was looking for his purse as the youth checked the lost-and-found. The school district has denied that incident.
But the district’s own documentation shows that, during one stretch between early September 2006 and late January 2007, there were at least 11 reported incidents of harassment against H.D. involving 14 different students. In two of the cases, no action was taken because of a lack of information. In the remaining cases, a total of 12 students received discipline ranging from a verbal warning to after-school detention to in-school suspension. However, the bullying of H.D. continued. The Finding of Probable Cause cites Old Bridge for failing to take affirmative steps to prevent the bullying of H.D., and for dealing with it only via “after-the-fact” discipline, without any prevention measures or efforts at broader outreach to students.
“It appears this student went to school in an extremely hostile atmosphere – a climate in which he was subjected to a level of bias-based harassment and torment that no young person should have to endure,” said Division on Civil Rights Director Chinh Q. Le. “With the new school year about to begin, this is the perfect time to remind school districts they have a duty to create and maintain a safe, nurturing and harassment-free learning environment, and to respond effectively when bullying rears its ugly head.”
H.D. entered Jonas Salk Middle School in September 2004, and the harassment began shortly thereafter. According to a log kept by the youth’s mother and provided to the Division, H.D. was repeatedly targeted for such slurs as “fag” and “fruit.” He was also derided for eating “Jew food.” According to the youth and his mother, these taunts and slurs were aimed at him in school, on the school bus, and on the Internet.
In an interview with a Division investigator, a former principal at Jonas Salk Middle School – the educator retired in June 2006 – recalled most incidents of reported harassment against H.D. listed in the log. While the ex-principal apparently did suspend two students involved in a locker room incident in which paper was stuffed down H.D.’s pants, he said he generally couldn’t recall what disciplinary action he took upon learning of other bullying episodes. He said he rarely documented such discipline unless it involved conduct serious enough to warrant suspension.
The same former principal acknowledged telling H.D. during one conversation that he’d understand if H.D. elected to respond to his tormentors physically. He also acknowledged recommending that H.D. transfer out of Jonas Salk Middle School and attend the township’s other middle school as a solution.
“No matter how well intended, a suggestion that the victim consider resorting to physical aggression against his tormentors, or that he transfer to another school, is neither an appropriate nor a sufficient means for the school district to deal with the unlawful, harassing conduct of its students,” said Le.
Ultimately, the Finding of Probable Cause notes, H.D. became reticent about even reporting further incidents of harassment and bullying at Jonas Salk Middle because doing so never improved his situation. In fact, the Finding of Probable Cause notes, the youth felt he was “becoming known as a snitch,” which threatened to make matters worse.
A Finding of Probable Cause does not resolve a civil rights complaint. Rather, it means the State has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion New Jersey’s Law Against Discrimination (LAD) has been violated.
The LAD provides that each Respondent found to have committed a violation is subject to a penalty of up to $10,000. The LAD also provides for other remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and management/staff training.
Now that the Division has issued a Finding of Probable Cause, the Old Bridge Board of Education case will be referred for a process known as Conciliation. If Conciliation is not successful, the matter will be referred for a non-jury trial before an Administrative Law Judge. Once the trial is completed, the presiding Administrative Law Judge will issue a written Initial Decision.
Director Le thanked Division Investigator Agnes Roncaglio, Paterson Office Manager Carolyn Paul, Legal Specialist Benn Meistrich, Deputy Attorney General Marisa Slaten and Deputy Attorney General Charles Cohen, Assistant Section Chief, for their work on the Old Bridge investigation and Finding of Probable Cause.
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Your claim must be filed within two (2) years from the date of the personal injury or death, or after two (2) years if the VCCO determines that good cause existed for the delayed filing.
The crime must be reported to the police within three (3) months after it occurs, or within three (3) months from the time it was known, or from the time there was reason to believe, that a crime occurred.
For incidents prior to June 26, 1995, you must have suffered at least $100 in out-of-pocket medical expenses and/or two weeks continuous loss of earnings or support.
There are no minimum loss requirements for incidents occurring on or after June 26, 1995.
You must cooperate fully with the police and prosecutor’s office; however, eligibility is not dependent upon conviction or prosecution of the offender.
Failure to cooperate with the VCCO investigator or failure to inform the VCCO of a change of address will result in a denial of compensation.
If you have any VCCO assessments imposed on you by the courts for prior convictions, you must pay them in full before you can receive any compensation.
The crime must occur in New Jersey, although you need not be a New Jersey resident; or you must be a New Jersey resident who became a victim in another state or jurisdiction that does not have a crime victim compensation program or has a program which has not provided full compensation for your crime-related losses.
The Board may order the payment of compensation for personal injury or death which resulted from the commission or attempt to commit any of the following offenses:
For an explanation of or further information on the listed crimes, please contact the VCCO at 973-648-2107.
Compensation benefits may be awarded up to a maximum of $25,000 per claim ($10,000 for crimes before December 5, 1982) and may include the following:
The Board will pay legal fees only if it awards compensation. Attorneys are limited to receiving fees that are set by statute and by the Board.
The Victims of Crime Compensation Office (VCCO) is the payer of last resort. The VCCO will award compensation for the balance of crime-related expenses not reimbursed first from other sources such as medical insurance or disability benefits.
“Source or sources” means a source of benefits or advantages which you have received as reimbursement for medical or economic loss which is available to you from, but not limited to the following sources:
Restitution from the offender which is payment made by assailants to their victims, as ordered by the court in a criminal proceeding. It may include compensation for property loss or damage, or for medical expenses. Restitution is now mandatory where the offender has the ability to pay. Please consult your County Victim-Witness Coordinator, in your County Prosecutor’s Office.
The government or any agency of the United States, the State of New New Jersey or its political subdivisions, or of any two or more states
Social Security, Medicare and Medicaid
State disability insurance
Workers Compensation
Employer or Union Local disability programs
Insurance payable to the victim for a loss sustained because of the crime
A contract providing prepaid hospital and other health care services or benefits for disability
Moneys received from any civil or related third party actions. However, the first $1000 recovered is not to be included as money received from another source. This applies even though a settlement or any other resolution of the action is worded to recover any economic loss, such as pain and suffering and property loss, which the Board does not compensate.
VCCO applications and instructions are available online* or at every law enforcement agency and medical institution in New Jersey. They are required to and make these applications available.
Applications are also available from the 21 county prosecutors’ offices through their respective Victim/Witness Coordinator. The Coordinators will assist crime victims in filling out the form.
You can also get an application from the VCCO. Please call 973-648-2107 or 877-658-2221 for assistance.
To obtain benefits, you must file a completed claim form and comply with Board regulations which are explained in the instructions. You will be asked to submit information to support your application. Where possible and to speed up processing, it would be helpful to submit a copy of a police report and related bills, receipts and insurance statements together with the application. Please send copies only and keep the originals for your own records.
*The VCCO Application form is downloadable as a Portable Document Format file (PDF). PDF documents appear the same as the original printed forms. To view and print these forms, you must have a PDF viewer which is available free here.
Intake Phase: The claim will be processed in the chronological order in which it is received by the Board. Upon receipt of the application, the claim is opened, given a claim number, an acknowledgment of receipt is sent to the applicant, and if needed, additional information is requested. All requests for emergency assistance and counseling are reviewed immediately.
Eligibility Phase: After a police report is received, the Board’s eligibility investigators will review all the circumstances surrounding the incident, including, but not limited to, direct discussion with police and prosecutorial personnel, securing trial related information from the courts, and speaking with witnesses. The investigator will provide the Board’s commissioners with a recommendation either that the claim is eligible for compensation or to deny compensation because there has been a failure to comply with one of the statute’s provisions.
Compensation Phase: Once determined eligible for compensation, your claim enters the compensation phase. The Board’s investigator will verify losses by communicating directly with providers of medical services, securing insurance benefit statements, and gathering loss of earnings and disability payment information.
You are required to show a minimum loss of at least $100 unreimbursed medical expenses or two continuous weeks loss of earnings or support. For incidents occurring on or after June 26, 1995, the minimum loss requirement no longer applies. Accordingly, please respond to the Board’s requests as quickly as possible.
If additional information comes to the Board’s attention which requires the Board to change its determination of eligibility, you will be notified and you will be given an opportunity to respond to the Board’s new decision.
Hearing Phase: The investigator may send you a recommendation denying eligibility or may recommend an amount of compensation with which you disagree. You will have twenty (20) days to advise the Board in writing whether you accept the recommendation. You are entitled to a hearing before the Board. At the hearing you will be given an opportunity to submit proofs in support of your position.
The Board does not require that you appear at formal hearings with an attorney. You have the right, however, to be represented before the Board at all stages of proceedings by a New Jersey licensed attorney.
At the hearing you will be called upon to respond to questions from the Board’s legal counsel and the Board’s commissioners. You will have the opportunity to make a statement and question witnesses. There may be issues and questions for which legal advice would be beneficial.
If you decide to obtain an attorney, you must notify the Board within twenty (20) days of your hearing date. Your attorney must also send a letter to our Legal Department confirming that the attorney is representing you.
The Board does not assign or provide attorneys for you, but will be able to refer you for assistance. For further information, please contact the Board’s Victim Counseling Service at 201-648-2535.
For frequently asked questions about hearings, see Hearing Guidelines.
If, after the hearing, you are not in agreement with the Board’s determination, you can appeal the decision directly to the Appellate Division of the Superior Court within forty-five (45) days from the date the Board’s order is received.
For further information regarding the procedure for filing an appeal, you may contact the Appellate Division at 609-292-4822.
The Victim Counseling Service provides referral services for counseling and therapy to victims of violent crime. A listing of statewide resources is used to help victims obtain the services of various agencies, organizations and licensed psychotherapists in the victim’s immediate geographic area.
To obtain counseling services you must file a completed claim form and comply with VCCO regulations which are explained in the instructions. To specifically ask for counseling services, check the counseling request box and provide a phone number where you can be reached during our office hours.
The psychological needs of immediate family members of crime victims may also be met.
The VCCO can arrange for translation services to assist you in processing your claim. Please call ahead for an appointment to ensure the services of a translator.
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The Division on Civil Rights announced on August 17 that a South Jersey fire company has paid a female firefighter $15,000 and agreed to have its members undergo sexual harassment training to resolve allegations the woman suffered gender-based discrimination, and was later targeted for retaliation for reporting it.
Under terms of the agreement, Clementon Fire and Rescue of Clementon, Camden County, paid firefighter Merrissa V. Garretson $15,000 last month. The fire company also agreed to give Garretson a positive letter of employment reference whenever contacted by a prospective employer. Garretson resigned from Clementon Fire and Rescue in April 2010. As part of the settlement with Garretson, the fire company made no admission of liability.
“This is a fair settlement that resolves troubling allegations of discrimination against a young woman in a male-dominated work environment,” said Division on Civil Rights Director Chinh Q. Le. “No employee should be treated like a second-class citizen because of his or her gender, and no worker should suffer reprisals for having reported such treatment.”
At age 13, Merrissa Garretson began her employment with Clementon Fire and Rescue in May 2003 as an Explorer. She was promoted to Junior Firefighter in July 2006, and promoted again to Probationary Firefighter in July 2008. In December 2008, Garretson was promoted to the position of Firefighter. At all times, she was a volunteer employee and was not paid by the fire company.
According to her formal Complaint, Garretson approached the fire company’s deputy chief, Randall Freiling, in March 2009 to report repeated, discriminatory remarks by a male firefighter that were demeaning to women generally, and derogatory toward Garretson in particular. Garretson alleged that she later approached Clementon Borough Administrator Jenai L. Johnson, in July 2009, with the same information.
In the aftermath of those two conversations, Garretson received a letter from Administrator Johnson – in August 2009 — advising that a thorough investigation had been conducted, and that corrective action had been taken.
However, Garretson charged in her Complaint, she saw no evidence of a thorough investigation or corrective action.
To the contrary, Garretson alleged, she was subjected after reporting her concerns to such actions as being “bumped” from fire truck assignments in favor of less qualified, less experienced junior firefighters, and having her gear removed from her locker. Garretson filed her formal Complaint with the Division on Civil Rights in November 2009.
Director Le thanked Division Investigator Maurice Sykes and John Beauchamp, Regional Supervisor in the Division’s Camden Office, for their work on the Garretson matter.
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Police officers throughout New Jersey will be cracking down on drunk drivers as part of the annual summer “Over the Limit, Under Arrest” campaign, Division of Highway Traffic Safety Director Pam Fischer announced today.
Beginning August 20 and running through September 6, police officers will conduct saturation patrols and sobriety checkpoints, looking for motorists who may be driving while intoxicated.
“There’s simply no excuse to drink and drive,” Fischer stated. “The decision to get behind the wheel after drinking can change not just your own life, but the life of your family, your friends, and everyone who is on the road with you. Even one drink can impair your judgment and reaction time, creating a potentially deadly situation.”
Fischer noted that last year in New Jersey, 185 people were killed as a result of alcohol-related crashes. That number represents 31 percent of the 583 traffic fatalities reported in the state in 2009. In addition, 67 of those alcohol-related fatalities occurred during the summer travel season.
The Division of Highway Traffic Safety offers the following advice to ensure a safe summer travel season for those who choose to drink alcohol:
The Law Offices of Garces & Grabler would like to wish everyone a happy and safe holiday weekend.
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On June 4th, 2010 the Law Offices of Garces & Grabler was pleased to sponsor in the city of Trenton a book-signing by Stephanie R. Bush-Baskette, JD, PhD. This round table discussion highlighted key points detailed in her recently published work Misguided Justice: The War on Drugs and Incarceration of Black Women.
The product of years of statistical research, Dr. Bush-Baskette discussed compelling data suggesting the vast divide in sentencing and parole allocations that exist between suburban and primarily minority communities in our urban environments. This divide is a direct product of Federal and State of New Jersey statutes passed with the intention of appeasing political fervor, as opposed to being developed as a result of a practical, clinical view of incarceration and addiction.
Contributions towards this fascinating discussion were offered from attending academics, active political participants, parolees who have been through the system, and criminal defense attorney Jonathan Kessous of the Law Offices of Garces & Grabler.
An audit commissioned by North Carolina Attorney General Roy Cooper revealed that the State Bureau of Investigation withheld or distorted evidence in more than 200 cases at the expense of potentially innocent men and women.
The full impact of the disclosure will reverberate for years to come as prosecutors and defense attorneys re-examine cases as much as two decades old to figure out whether these errors robbed defendants of justice. Some of the injustices can be addressed as attorneys bring old cases back to court. For others, it’s too late: Three of the defendants in botched cases have been executed.
“This is mind-boggling,” said veteran Wayne County District Attorney Branny Vickory, a Democrat. “It is really a nightmare for everyone. I don’t know how we are going to make this right.”
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Providing crime victims peace-of-mind by knowing where their offenders are. This important information is only a phone call away at: 1-877-VINE-4-NJ
The New Jersey VINE Service will tell you if an offender is in custody in the State of New Jersey and will give you other important information. VINE will also let you register telephone numbers where you can be notified if an offender is released or transferred.
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Without the participation and cooperation of crime victims and witnesses, the criminal justice system would cease to function. The rights of these individuals should be given full recognition and protection. The State has the responsibility to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process. In furtherance of this, the improved treatment of these persons should be assured through the establishment of specific rights. These rights are among the most fundamental and important in assuring public confidence in the criminal justice system.
Crime victims and witnesses are entitled to the following rights:
A. To be treated with dignity and compassion by the criminal justice system
B. To be informed about the criminal justice process
C. To be free from intimidation
D. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible
E. To make at least one telephone call provided the call is reasonable in both length and location called
F. To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary
G. To be notified if presence in court is not needed
H. To be informed about available remedies, financial assistance and social services
I. To be compensated for their loss whenever possible
J. To be provided a secure, but not necessarily separate, waiting area during court proceedings
K. To be advised of case progress and final disposition
L. To the prompt return of property when no longer needed as evidence
M. To submit a written statement about the impact of the crime to a representative of the county prosecutor’s office which shall be considered prior to the prosecutor’s final decision concerning whether formal criminal charges will be filed
N. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S. 2C:44-6. In any homicide prosecution the victim’s survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide.
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Important Information for Victims of Violent Crimes. Protect your rights by staying informed.
Crimes Covered
What You Need to File
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Benefits Provided
Mental Health Counseling
Medical Bills
Loss of Earnings or Financial Support
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Catastrophic Injuries
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Roberto Antonio Reverón was born in Bronx, NY, and lived his first seven years in NYC (Bronx and Queens). His family moved to Carolina, Puerto Rico, the day after his seventh birthday. Mr. Reverón was twenty years old when he transferred from the University of Puerto Rico to the Berklee College of Music, located in Boston, MA, in 1974. He left college to pursue a career as a musician. Mr. Reverón returned to college in 1982 and obtained a Bachelor of Music degree, majoring in Film Scoring, from Berklee College of Music in 1984. He continued relocating between Boston, Puerto Rico and New York City, finally settling in New York in 1992.
Mr. Reveron specializes in the following practice areas: Bankruptcy Law, Family Law, Civil Law and Entertainment Law. Read more