{"id":2596,"date":"2018-12-04T03:17:05","date_gmt":"2018-12-04T08:17:05","guid":{"rendered":"https:\/\/shorebeat.com\/tomsriver\/?p=2596"},"modified":"2018-12-04T16:53:22","modified_gmt":"2018-12-04T21:53:22","slug":"toms-river-schools-pay-70k-to-settle-suit-over-racist-homies-skit","status":"publish","type":"post","link":"https:\/\/shorebeat.com\/tomsriver\/2018\/12\/toms-river-schools-pay-70k-to-settle-suit-over-racist-homies-skit\/","title":{"rendered":"Toms River Schools Pay $70K to Settle Suit Over Racist ‘Homies’ Skit"},"content":{"rendered":"
\"Toms

Toms River Regional (TRRS) Board of Education headquarters. (Photo: Daniel Nee)<\/p><\/div>\n

The Toms River Regional school district has paid the family of a high school student $70,000 to settle a lawsuit filed after students allegedly performed a racially-insensitive skit during an orientation event at Toms River High School South.<\/p>\n

The lawsuit, filed in February 2017, alleged that the high school\u2019s mandatory orientation assembly for the 2016-17 school year included a number of \u201cskits\u201d performed by upper classmen, many of which were meant to portray the different groups of students at the school. While teachers looked on, the suit stated, one skit focused on a group called \u201cthe homies,\u201d which referenced black students at the school. During the two to three minute-long performance, the students were said to have pulled their pants down low, donned frizzy-haired wigs resembling an afro and imitated a number of black stereotypes.<\/p>\n

The plaintiff in the case, who is black, claimed through her attorney that the incident was a violation of New Jersey\u2019s Law Against Discrimination and she was \u201chumiliated as a result of having to endure the disgusting and derogatory skit.\u201d She was identified only by her initials in the document.<\/p>\n

The lawsuit referenced two individual instances of racist content in the skit. In one, a student said \u201cYo, don\u2019t talk to my baby daddy that way\u201d as well as \u201cHold my weave, I\u2019m \u2019bout to beat this one up.\u201d<\/p>\n

The lawsuit claimed teachers and administrators were \u201claughing\u201d during the presentation. The student\u2019s mother, the lawsuit states, brought the incident to the attention of then-principal James Ricotta, who confirmed it occurred. The administrator allegedly told the student\u2019s mother than the performances had been part of orientation ceremonies for 12 years and were previously cleared by teachers. Ricotta now serves as the one of the district\u2019s assistant superintendents.<\/p>\n

The student\u2019s attorney, Kevin M. Costello, of Mount Laurel, centered his legal argument for holding the district liable \u2013 ironically \u2013 based on case law that arose out of a previous discrimination suit involving the Toms River district. In a 2007 decision, the state appellate division ruled that despite their job title, teachers and mid-level professionals in a school environment are \u201csupervisors\u201d of students and administrators are considered \u201cupper management.\u201d The 2007 case, L.W. v. Toms River<\/a>, set forth an \u201cemployment model\u201d for resolving school harassment cases, likening the school environment to that of a workplace.<\/p>\n

In making his case for the Law Against Discrimination violation, Costello said the \u201chomies\u201d skit amounted harassment which was approved by upper management. The suit argued that an African-American student \u201cwould have found the educational environment altered to become hostile and\/or intimidating and\/or abusive.\u201d<\/p>\n

In a settlement executed by the Board of Education on Oct. 22, the district agreed to pay the plaintiff $70,000 to settle the matter. The district, in a nine-page settlement document, denied \u201cany wrongful action or conduct,\u201d or violation of any state or federal law.<\/p>\n

Both parties agreed to a confidentiality clause, with the plaintiffs specifically agreeing not to post any information on the settlement to social media sites. Shorebeat obtained a copy of the settlement through a request under the state\u2019s Open Public Records Act, which supersedes such confidentiality clauses when a public entity settles a case.<\/p>\n

Superintendent David Healy said he could not comment on the case, but: \u201cOur school district is always working to provide all students regardless of their differences with safe, secure and nurturing environments free of harassment, intimidation or bullying.\u201d<\/p>\n

\u201cWe are a compassionate, child centered group of educators who take pride in being sensitive to the feelings and concerns of our students and do everything that is reasonably possible to provide a healthy and welcoming environment,\u201d he added.<\/p>\n

<\/div><\/div>","protected":false},"excerpt":{"rendered":"

The Toms River Regional school district has paid the family of a high school student $70,000 to settle a lawsuit filed after students allegedly performed a racially-insensitive skit during an orientation event at Toms River High School South. The lawsuit, filed in February 2017, alleged that the high school\u2019s mandatory orientation assembly for the 2016-17 […]<\/p>\n","protected":false},"author":1,"featured_media":1026,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,5],"tags":[739,738,54,737,11],"class_list":["post-2596","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-toms-river-schools","tag-law-against-discrimination","tag-lawsuit","tag-settlement","tag-toms-river-high-school-south","tag-toms-river-nj-news"],"jetpack_featured_media_url":"https:\/\/shorebeat.com\/tomsriver\/wp-content\/uploads\/2017\/07\/DSC_0582.jpg","_links":{"self":[{"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/posts\/2596","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/comments?post=2596"}],"version-history":[{"count":0,"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/posts\/2596\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/media\/1026"}],"wp:attachment":[{"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/media?parent=2596"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/categories?post=2596"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/shorebeat.com\/tomsriver\/wp-json\/wp\/v2\/tags?post=2596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}