Child Forced Into Closet By Wall Teacher, Lawsuit Says

WALL, NJ — Parents of a Central Elementary School student, 11, who allege she was "forcibly" placed in a closet during a music class in 2022, are suing the the Wall Board of Education, her music teacher and another music teacher.

The incident involving the fourth-grade girl took place April 8, 2022, when, the suit alleges, the student's instrumental music class teacher isolated her in a drum closet for two to three minutes because she was "allegedly laughing," said attorney Austin Tobin, representing the family and the student.

Edward and Azuree Albanese, parents of the student, are suing the Wall Board of Education and teacher Jessica Berube and another teacher, Adrienne Foutz, according to the complaint filed Oct. 13.

“The allegations are very disturbing. As alleged in the complaint, Mr. and Mrs. Albanese’s 11-year-old daughter was traumatized by blatantly negligent conduct on the part of defendants on April 8, 2022 simply because she was allegedly laughing in class," Tobin said Monday.

"Suffice to say, no parent would approve of such horrendous treatment of one of its students. We stand shoulder to shoulder with our clients in exposing this outrageous and unlawful behavior,” he said in commenting on the lawsuit.

Tobin said the parents were never notified of the incident and learned about it a day later from another parent at a school sporting event.

Additionally, the incident made the girl feel bullied, as she was mocked by another student as "closet girl." She has also been anxious about returning to school, according to the lawsuit.

"School is a place for students to not only learn an academic curriculum, but should also serve as an environment for children to cultivate confidence and engage in meaningful social interaction. It is therefore incumbent upon teachers, administrators, and staff to facilitate a positive and inclusive social setting where students feel safe at all times," the suit sets forth.

Tobin said that, in this case, the Wall administration and teachers "completely and utterly abdicated these responsibilities."

The suit alleges that the board "has still, to this day, failed to (1) conduct an appropriate investigation into the April 8, 2022 incident or (2) take any meaningful remedial action with respect to same."

The suit alleges these incidents:

• During a class on April 8, 2022, Berube told the girl she needed to go into the classroom closet because she was laughing during class. Berube then moved a drum set from the closet and forced the girl to enter.
• Once the girl was in the closet, Berube walked out of it and closed the door, at which time the girl was left alone and unsupervised.
• She was in the closet in Berube’s classroom for approximately two to three minutes, and during that time, Berube did not allow her out at any time.
• The girl opened the door herself to let herself out when she saw the rest of her class leaving the classroom. Prior to that, "not a single teacher, including, but not limited to Berube or Foutz," ever opened the door for the student to leave the closet.
• While she was in the school closet, the girl saw other students laughing, making faces at, and otherwise ridiculing her, as there was a window on the closet’s door.
• Once out of the closet, the girl overheard Foutz, another teacher at the school, "instructing a student to delete a recording" of the incident, the suit alleges.
• Once the girl left the closet, "no teacher, including but not limited to defendants Berube and Foutz, ever spoke further to her about why she was put in the closet in the first place."
• Following the incident, a classmate of the girl was allowed to repeatedly ridicule her later that day, by referring to her as the “closet girl.”

According to the suit, the parents of the student were never contacted directly by a school employee at any point in time on April 8, 2022, or after to advise that the incident took place.

"In fact, (the) parents only became aware of same the following day at a softball game at which time they were informed of same from a parent whose child was in (the) class."

According to the complaint, after learning of the April 8, 2022 incident, Mrs. Albanese complained to the principal of Central Elementary School, Jill Antoniello via email and telephone on April 9, 2022. At that time, Antoniello stated that Foutz had denied that the girl was put in the closet in Berube’s classroom.

Albanese also informed her daughter's 4th-grade teacher of the incident and told her that it had been difficult to convince the girl to return to school due to the aftermath of the incident.

The suit also recounts the emotional reaction of the student after the incident:

After the incident, the girl "was continuously humiliated and embarrassed at school, as students constantly asked (her) if she was, in fact, put inside the classroom closet. As a result, the girl experienced "a mental health crisis at school on May 10, 2022, necessitating immediate intervention by the school guidance counselor, Lauren Young," according to the lawsuit. The suit did not specify the nature of the crisis.

The girl "continues to experience severe emotional distress and trauma as a result of the April 8, 2022 incident. She experiences periods of anxiousness, has no longer wanted to attend Central Elementary School for periods of time, and exhibits diminished self-esteem and symptoms of depression," the suit says.

The suit says that the school and teachers involved "were, clearly and unequivocally, grossly negligent and reckless in permitting (the student) to be subjected to such unlawful conduct. Fortunately, New Jersey law provides redress for victims of such conduct."

Tobin said neither he nor the parents have had a response or legal answer on the matter from the district. The district, as a public entity, was given notice of the complaint, as required by law, six months before the filing of the suit, he noted.

The district did not immediately respond to Patch with a response.

Tobin is an attorney with McOmber McOmber & Luber, with several offices, including one in Red Bank.