Ocean Twp. Schools Mistreated Boy With Down Syndrome: Lawsuit Claims

R. Armen McOmber and Austin B. Tobin represent the parents on behalf of their minor disabled son, J.W., in both hostile classroom environment and retaliation claims pursuant to the New Jersey Law Against Discrimination (“NJLAD”) and negligence claims against the Board of Education of the Township of Ocean (“OTBOE”) and a number of its supervisory and teaching assistant staff.

Despite Minor Plaintiff J.W.’s numerous disabilities and his need for trained, professional care during school hours, Ocean Township Elementary School knowingly, negligently, and callously hired unqualified employees to staff the Learning Language Disabled program. Not only was J.W. deprived of a safe and positive learning environment, but also, he was forced to endure the humiliation that no child should ever fall victim to. The complaint alleges, egregiously, that J.W. was repeatedly forced to use a bathroom that was so small that the assistant could not shut the door, forcing J.W. to leave the bathroom open for all to see. Worse, a video was taken of J.W. by his own instructional assistant during one of these incidents.

The negligent actions of the OTBOE and the hostile environment resulting therefrom led a young boy to be paraded around school, naked for all to see. This lawsuit seeks compensatory and punitive damages and a jury trial for the blatantly unlawful conduct in violation of New Jersey law.

“The allegations, in this case, are deeply troubling and our clients have suffered immensely.  Simply put, the Ocean Township School District completely failed a minor student with special needs.  J.W., a young boy with Down Syndrome and multiple other disabilities was entitled – like every other student – to a safe and positive learning environment.  Instead, as alleged in the complaint, our client was paraded around the school in a humiliating fashion because of his disability.  There is no excuse for such conduct and our clients look forward to their day in court.” R. Armen McOmber