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The state Division on Civil Rights has issued a finding of probable cause against the Emerson Board of Education in Bergen County for allegedly failing to take sufficient steps to stop the harassment and bullying of a male student that went on for six years, Attorney General Paula T. Dow announced Tuesday.

Named as sole respondent in the finding, the Emerson school board oversees a district made up of three schools including two elementary schools and the Emerson Junior/Senior High School.

According to the division, the district failed to effectively deal with continued verbal, physical and cyber-harassment of the male student -- identified only as J.C. Jr. -- that began in 2002 and continued through 2007. The harassment occurred while J.C. was attending Emerson junior and senior high school, and was focused on the student's perceived sexual orientation.

The alleged harassment, which was reported to school officials numerous times, included name-calling and derogatory remarks from other students about J.C's perceived homosexuality, as well as physical assaults and threats of violence. In addition, students on one occasion created a page on a social networking web site that described J.C.'s sexual orientation as "unknown," and also depicted him as a female. Students also are alleged to have circulated derogatory drawings of J.C., including at least one that depicted him performing a sex act on another male. "Our investigation suggests that this young man was the target of consistent harassment for a period of years and that, despite the existence of a written ‘zero tolerance' policy regarding such conduct, his fellow students routinely subjected him to the kind of torment no one should have to endure," Dow said.

"Anti-bullying policies are only effective if they are enforced," Civil Rights Director Chinh Q. Le said. "School districts have a duty to actively prevent harassment. They have a duty to create and maintain a safe, nurturing and bullying-free learning environment. When the kind of conduct alleged here rears its ugly head, they are obligated to take affirmative steps reasonably calculated to end the harassment."

The Emerson school district has denied that J.C. was a victim of discrimination. The district also contends that any incidents of harassment or bullying reported by J.C., as well as any student actions against J.C. that warranted discipline, were dealt with accordingly.

However, the probable cause finding notes that J.C.'s parents reported at least 17 instances of harassment to school officials, yet the parents of students implicated in those incidents were not contacted. In addition, it appears from records maintained by the district that meaningful discipline was rarely imposed.

According to the probable cause finding, J.C. was the target of such slurs as "gay," and "homo" during significant portions of his junior high and high school years.

The finding also notes that Dean of Students Robert E. Carcich confirmed to division investigators that he received many complaints from J.C.'s parents about incidents of alleged name-calling and bullying. Carcich told investigators that, in each case, he spoke to witnesses who failed to corroborate J.C's allegations. However, Carcich was unable to provide documentation to support his account.

In early 2004, J.C. was allegedly punched in the stomach by a fellow middle school student. J.C. reported the incident to his parents, who spoke to the attacking student's mother about it. Approximately a month later, the same student allegedly threatened to slit J.C.'s throat if he ever talked about him behind his back again.

In September 2005, J.C. was allegedly assaulted in high school wood shop class by a different student. J.C.'s father complained by e-mail to high school Principal Israel Bordainick and Assistant Principal Richard Orso, and as a result J.C.'s class schedule was changed. The probable cause finding notes that there is no evidence the assaulting student was disciplined, or that his schedule was altered in any way. The finding also notes that Bordainick sent an e-mail to J.C.'s father asserting that it was J.C. who'd instigated the wood shop incident.

In May 2006, another student -- identified in the finding only as M.F. -- allegedly menaced J.C. by telling him he intended to bring a gun to school. The Emerson police were notified, and a subsequent search of M.F.'s home resulted in the seizure of guns and knives belonging to both M.F. and his father.

According to the division, M.F. was placed in a psychiatric facility for evaluation. He was detained for weapons possession but later released and allowed to return to school. In September 2006, J.C.'s father advised Emerson Superintendent Vincent Taffaro that he was concerned for J.C.'s safety because -- despite assurances that M.F. would not be allowed near J.C -- M.F. was scheduled to be in three classes with J.C. that school year.

Taffaro allegedly responded that the matter had been handled within school district guidelines, and that the district had sought the expert opinions of a psychiatrist and the local police before allowing M.F. to return to school. Taffaro also advised J.C.'s father he could seek a restraining order if he felt it necessary.

For an 11-day period in April 2007, J.C. underwent home schooling after a physician treating him wrote to district officials and advised that J.C. had been suffering from stress, which he blamed on being bullied. J.C. resumed in-school study in mid-April 2007 and, as part of his re-entry, was assigned an aide to help him avoid bullying situations. However, a harassing incident involving three other students occurred within a month. After another alleged incident involving a threat by a fellow student on May 17, 2007, J.C. was afforded home schooling for the remainder of the academic year.

A probable finding cause does not resolve a civil rights complaint. Rather, it means the state has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion New Jersey's Law Against Discrimination has been violated. The anti-discrimination law provides that each respondent found to have committed a violation is subject to a penalty of up to $10,000. The law also provides for other remedies, including compensatory damages and injunctive relief, such as changes in the employer's policies and management/staff training.

Now that the division has issued a finding, the Emerson case will be referred for a process known as conciliation. If conciliation is not successful, the matter will be referred for a non-jury trial before a state Administrative Law judge. Once the trial is completed, the judge will issue a written initial decision.

Civil Rights Investigator Adriana Tovar, Paterson Regional Manager Carolyn Paul, Legal Specialist Benn Meistrich, and Deputy Attorney General Charles Cohen handled the case.

-- TOM HESTER SR., NEWJERSEYNEWSROOM.COM