Mike Deak

@MikeDeakMyCJ

Eighth-grade boy asked seventh-grade girl for sexual favors in front of other students.

School investigation concluded that boy's 'unfortunate' conduct did not violare HIB standards.

District still mulling whether to appeal ruling.

BRIDGEWATER – The Bridgewater-Raritan school board was "unreasonable" in deciding that a seventh-grade girl was not the victim of an eighth-grade boy's sexual harassment after the boy asked the girl for sexual favors in front of other students, the state commissioner of education has ruled.

In his ruling made earlier this month, Acting Commissioner David Hespe rejected the board's argument that sexual harassment is not covered by the state's harassment, intimidation and bullying (HIB) laws and that the boy's actions were just "adolescent sexual curiosity."

The commissioner concurred with the ruling of Administrative Law Judge Robert Bingham II who wrote after a hearing about the case this summer that "A reasonable eight-grade male should know that requests for sexual favors from a seventh-grade girl in front of other students will emotionally harm the girl." Such behavior is "unacceptable," the judge added.

The commissioner's decision reflects the state's expanding efforts to crack down on incidents of harassment, intimidation and bullying in public schools in all grade levels.

The district has the right to appeal the commissioner's decision to the Appellate Division of Superior Court.

"We are consulting with our attorney regarding the decision," Bridgewater-Raritan Superintendent of Schools Victor Hayek said on Monday.

The case started at the end of the 2011-12 school year when P.H., the eighth-grader, "attempted to engage in sexual activity" with E.R., the seventh-grader, on school property, according to court papers.

Other students who witnessed the incident reported it to school officials, but they did not conduct an investigation. The girl also reported the boy's continuing actions to her guidance counselor, according to court papers.

Instead, the court papers say, school officials told the girl's parents that they spoke to the boy and told him "that if he did not discontinue his activities he could end up a registered sex offender."

But the boy continued to request sexual favors from the girl, including trying to sit on her lap on the school bus and inviting her to get off at his bus stop so they could engaged in sexual activities.

Court papers say the boy tried to have her strip over the Internet through the ooVoo app for him so he could masturbate.

Her parents complained to school officials, but, in Bingham's words, they "downplayed" the boy's behavior and told the parents to talk to the boy's parents about their concerns.

After E.R.'s parents contacted former school superintendent Michael Schlider, the district conducted an investigation and found no evidence of bullying and characterized the incident as "adolescent sexual curiosity."

The girl's parents then notified the school board that, under the school district's policies, they wanted a board hearing to appeal the investigation's finding.

At a hearing in August 2012, the school board ruled that "as unfortunate as the ....conduct was," it was not a violation of the HIB policy.

Then, in November 2012, the girl's parents filed a petition with the commission of education, asking that the board's decision be overturned.

The appeal was then given to the Office of Administrative and was dismissed because it was not filed on time. But the commissioner rejected that dismissal and ordered a court hearing. That court hearing occurred on Aug. 11.

In his decision, Bingham wrote that he reached "the inescapable conclusion" that the school board's HIB determination was "arbitrary, capricious and unreasonable."

"By repeatedly requesting sexual favors from E.R. in the presence of other students, P.H. substantially interfered with the orderly operation of the school," Bingham wrote.

Bingham also ordered the school district to "promptly take all appropriate measures, including the conducting of staff in-service programs," to assure full compliance with the state HIB laws.

"We have trained all of our staff on HIB," Hayek said. "We do this annually."

The superintendent added that the district's IB coordinators meet during the school year to review the law and how it is being implemented. The next meeting will be in January, he said.

"At the end of the year we conduct a self evaluation and look for ways to ensure consistency and improve upon our practices," Hayek said. "We are focused on creating a positive environment while educating and counseling our students when these incidents happen."

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