Mike Deak

@MikeDeakMyCJ

MONTGOMERY - A school district is allowed to discipline a sixth-grader for bullying because he made disparaging remarks about a classmate’s vegetarianism.

In a case that climbed up the legal ladder, the state Commissioner of Education’s office has ruled that the Montgomery school district can give detention to the student who told the other sixth-grader that “vegetarians are idiots.”

The case rose to the commissioner’s office because the student’s parent contested the district’s finding that the remarks about vegetarianism constituted bullying, a finding that was later backed by a state administrative law judge.

The case began on Oct. 30, 2014, when the two 11-year-old sixth-graders were having lunch in the cafeteria of Montgomery’s Lower Middle School. One of the students, identified in court papers as C.C., made the comments to another student, K.S., about his decision not to eat meat.

The investigation by the school’s anti-bullying specialist, guidance counselor Lesley Haas, found that C.C. told K.S. that “it’s not good to not eat meat” and that “he should eat meat because he’d be smarter and have bigger brains,” according to court papers.

C.C. also admitted that he told K.S. that “vegetarians are idiots.”

Haas concluded that C.C.’s comments met the legal definition of harassment, intimidation and bullying under state law because they targeted a student’s “distinguishing characteristic” and “substantially interfered with the rights of K.S. and had the effect of insulting or demeaning him.”

Superintendent of Schools Stephanie Gartenberg agreed with Haas’ conclusion.

C.C. was then given five lunch-time detentions where he was given the opportunity to speak with staffers about his remarks. No other disciplinary actions were imposed.

As required by state law, the results of the investigation were reported to the school board at its next meeting on Nov. 25, 2014. Notices were then sent home to the parents of both students.

C.C.’s parent then requested a hearing before the school board, an option under state law.

The board hearing took place on Feb. 10, 2015, when Haas, the school’s vice principal, C.C.’s parent and the parent’s attorney were present. The attorney was permitted to question Haas.

Following the hearing, the school board agreed with Gartenberg’s decision and again the parents were notified of the outcome.

Four months later, C.C.’s parent filed an appeal with the state Commissioner of Education, asking that the school board’s finding be overturned. The appeal, filed by attorney Adam Wilson, was based on whether being a vegetarian is considered a “distinguishing characteristic” under state law.

The case then went before Administrative Law Judge John S. Kennedy, who ruled in March that K.S.’s vegetarianism was a “distinguishing characteristic” based on previous bullying cases and that C.C.’s comments were insults..

Kennedy cited a Jefferson Township case in which remarks that a student “sucks at basketball” were found to be unacceptable under state law because they were perceived as being motivated by the distinguishing characteristics of height, intelligence and athletic ability.

Kennedy also cited a case in Ridgewood in which a student calling another student a “horse” and “fat-ass” constituted bullying.

Wilson said that he does not plan to appeal the decision by the Office of the Commissioner.

The Montgomery School District expended $7,763 in legal fees on the case.

Staff Writer Mike Deak: 908-243-6607; mdeak@mycentraljersey.com