Violent school fight caught on video hospitalized son; now parents are suing

MONROE -- The parents of a 16-year-old who was allegedly beaten unconscious in the high school locker room two years ago have sued the Monroe school district.

The parents say the incident was the culmination of years of bullying in the district from the same classmate, who would ridicule their son with homophobic slurs over his perceived sexual orientation, often in front of teachers, the lawsuit claims.

The 16-year-old was a member of the Monroe Township High School Gay-Straight Alliance, a student organization to promote a safe space to discuss LGBTQ issues, according to the suit filed in Middlesex County Superior Court in May.

Students watched and shouted during the alleged locker room incident on Nov. 25, 2015, which was captured on video and sent around to the student body, the suit claims.

The video, obtained by NJ Advance Media, shows two students, one of whom is kneeling, exchange words in a locker room. What exactly the students say is not clear.

The standing student appears to visibility get angrier during the exchange, and after about 18 seconds, starts to punch the kneeling teen, landing a series of punches to his face and body.

The fight is briefly broken up by other students, but the two go at it again seconds later.

The teen, who was previously kneeling, can be seen approaching the other and getting punched again after a short scuffle, the details of which cannot be made out in the video. The punch knocks the teen back and he falls over a bench, hitting his head on a locker on the way to the floor. The video ends shortly after the punch with the teen lying still in the locker room.

The injured student was hospitalized for five days and had a titanium plate inserted in his face, the lawsuit says. As a result, he has permanent swelling around his eye and lips, according to the suit.

The district's attorney, Mary Smith, told NJ Advance Media she "would not comment on any facts that may or may not be related" to the alleged incident.

"It is the Board of Education's policy not to comment on pending litigation," Smith said.

A police report from Monroe shows officers responded to an assault incident that day, but the document is heavily redacted. The narrative and names of 26 people were blacked out on the report, which NJ Advance Media obtained through an open public records request.

The report lists one offender, who NJ Advance Media is not naming because he was a minor at the time, but it is unclear if he was charged because juvenile records are sealed.

The parents only filed the lawsuit on May 4, their attorney, Armen McOmber, said, because the alleged attacker, who was taken out of school last year, had returned for the 2016-2017 school year without warning.

A judge had issued a no contact order for the two teens, and McOmber said the district's decision to allow the student to return violates that order.

"Why should the victim of this assault have to change his schedule to accommodate for this student?" said McOmber, who explained the district had made arrangements such as having the victim leave classes early to limit contact once the other student returned to school.

The two students involved are only identified by initials in the lawsuit, which names the Monroe Board of Education, two other students, the principal Robert Goodall, guidance counselor Anthony Gambino and teacher Daniel Lee.

The lawsuit claims the student was charged with aggravated assault and was given a no-contact order as a result.

The student injured in the alleged fight was suspended for five days for "cursing" during the incident, which the district said he "incited," according to the lawsuit.

The parents are suing for damages, claiming in the lawsuit that the district and school officials refused to address the issue before it came to a head in the alleged locker room incident.

"As alleged in the complaint, my client suffered daily, relentless abuse each day at school due to his perceived sexual orientation," McOmber said in a statement to NJ Advance Media. "His repeated pleas for help to his guidance counselor, teachers and District Administration were all ignored. Worse, they were met with appalling responses like 'boys will be boys.'"

Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.

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