February 08, 2005

Newark, NJ - In a case that highlights the damaging effects of bullying on school children, the American Civil Liberties Union of New Jersey and several other child advocacy organizations filed an amici curiae (friend-of-the-court) brief this week urging the Superior Court of New Jersey Appellate Division to extend anti-discrimination protections to school children subjected to bias-based bullying.

"Every day schoolchildren are subjected to harassment and bullying by classmates that can cause enduring psychological, social and physical harm," said Gitanjali Gutierrez of Gibbons Del Deo Dolan Griffinger & Vecchione, an ACLU-NJ cooperating attorney who filed the brief on behalf of the organizations. "Children deserve the same protection from harassment in their schools as adults receive in places of employment."

As described in the brief, L.W., a student in the Toms River schools, was subjected to anti-gay peer harassment and bullying based on his perceived sexual orientation. As he progressed through school, the harassment increased in frequency and severity. He ultimately transferred to another school district. The Director of the New Jersey Division on Civil Rights held that the New Jersey Law Against Discrimination protected L.W. from the harassment, using the same standard that applies to employment discrimination.

The brief calls to the Court's attention the negative impact that peer harassment and bullying have on students and the school environment, and urges for New Jersey's school children to be protected from discriminatory peer harassment.

"Children should not have to be afraid of going to school for fear of being harassed and parents should not have to worry that their children will be subjected to discrimination," said Deborah Jacobs, Executive Director of the ACLU of New Jersey.

The other organizations on the brief are the Association for Children of New Jersey, Education Law Center, the Gay Lesbian and Straight Education Network of Northern New Jersey, the National Conference for Community and Justice (NJ), New Jersey Family Voices, Roxbury Parents for Exceptional Children, and Statewide Parents Advocacy Network of New Jersey.

The case is L.W. v. Toms River Regional Schools Board of Education, A-7084-03T5, on appeal from a final administrative decision of the Director of the New Jersey Division on Civil Rights.