Panelists say
lawsuits aren't the solution
to gay-bashing
By Dana E. Sullivan,
njlnews.com -- Last Modified May 18, 2007, From the Web, May 22, 2007
The recent New Jersey Supreme Court
decision about the harassment and bullying of a gay student may be a landmark --
and it may have goaded school districts statewide to take a hard look at their
policies and practices -- but the winning lawyer in the case doesn't believe
beating his door down with new cases is the answer to the problem.
"I met L.W. when he was a freshman in high school, and I think he's a college
sophomore now," said Deputy Attorney General James R. Michael, whose office in
the Division of Civil Rights pursued L.W. v. Toms River on behalf of the
student.
For six years.
So far.
"Litigation clearly is not the best way to address these issues," Michael said.
He was among seven panelists discussing the impact of L.W. during the New
Jersey State Bar Association annual meeting.
The Supreme Court's decision in February, while a victory for gay rights, only
cleared the way for the student to be covered by the Law Against Discrimination,
and it isn't the last word; the case is on remand for a new administrative law
hearing.
Writing for the high court in L.W., then-Justice James R. Zazzali said
"students in the classroom are entitled to no less protection from unlawful
discrimination and harassment than their adult counterparts in the workplace."
The ruling upheld the Appellate Division's finding that schools can be liable if
they fail to "reasonably address peer-based harassment" that had risen to the
level of a "denial of the advantages, facilities or privileges" of a public
school.
L.W. involved a pattern of harassment against a student perceived to "be
gay" by his peers. In 2000, the six-year ordeal culminated in a physical
attack during his freshman year at Toms River High School South.
The attorney who represents the school district, Thomas E. Monahan of Gilmore &
Monahan in Toms River, naturally was disappointed in the court's ruling, but
also was exasperated about how it came to be filed in the first place.
Monahan described how school officials intervened in the student's harassment,
including developing a special protection plan for him and disciplining students
even though two of the incidents happened off school grounds.
The district, he said, finally agreed with the boy's mother's wishes and
provided tuition and transportation for a school outside the district.
"We take care of that student, and we get sued," he said.
Beware 'experts'
There are at least two similar cases pending in New Jersey, one in Holmdel and
another in Jackson, but panelists agreed such cases are a distant second to
making cultural changes in schools.
L.W. certainly has driven them in that direction, if they hadn't started
already, but the panelists were concerned the demand for expertise may be
outrunning the supply and fostering a new cottage industry of poorly trained
consultants.
They usually make the rounds of schools, presenting one-hour talks to teachers
and administrators, said Leisa-Anne Smith, director of conflict resolution and
bullying programs for the New Jersey State Bar Foundation.
"Some of these guest speakers are perpetuating myths about bullying, such as
bullies bully because they have low self-esteem," she said. "That's one of
the biggest myths. They don't; the victims have low self-esteem."
Rather than "drive-by interventions" in individual cases and scheduling an
occasional lecture or seminar for personnel, school districts must make a
long-term commitment, she said.
David S. Buckel, counsel for Lambda Legal, a major force in the Lewis v.
Harris gay marriage case, said these cases aren't about young people who are
picked on or about simple conflict between peers.
"They're being made to suffer to a degree that we're losing them," Buckel said.
Other panelists were John G. Geppert Jr. of Schwartz Simon Edelstein Celso &
Kessler in Florham Park, chairman of the NJSBA School Law Committee; Cynthia J.
Jahn, general counsel for the New Jersey School Boards Association; and Jennifer
Mazawey of Genova, Burns & Vernoia in Livingston, who represents several school
boards.
The moderator was Raymond M. Brown, host of New Jersey Network's "Due Process."
|
