NJ Middle Schooler Was Bullied, ‘Stomped On’ Called 'Gay,' Mom Says In Lawsuit

BERGEN COUNTY, NJ — A mom of a fifth grade student in Midland Park has filed suit against the school board, principal, and teachers, saying he was bullied during the last school year because of his race and called "gay" based on his "perceived sexual orientation."

The suit, filed in April, says that the student's mother brought the incidents of physical bullying and name-calling — including students making fun of his lunch of rice and beans — to the attention of school administrators and teachers at Highland Elementary School, but they failed to take appropriate action.

District Superintendent Ken Ulmer did not immediately respond to a request for a comment on the suit.

In addition to naming the school board and teachers as defendants, the suit names former Principal Peter Galasso as well as the district's anti-bullying coordinator and school's guidance counselor. Galasso has since become superintendent of schools in New Milford.

"Since December 2023, M.A. has been stomped on the chest after falling to the ground during football; had his chest pinched to the point of leaving bruises; has been punched; and has been pushed to the ground. He has been called 'gay' several times, usually in connection with one or more of these assaults; and he has had his lunch of rice and beans stolen and mocked on a daily basis," says the suit.

It notes, "The children C.S. and P.C. bullied, harassed, assaulted and intimidated M.A. called him 'gay,' and mocked and ridiculed him for his Hispanic heritage when he brought 'rice and beans' for lunch to school. Defendants were aware of this aspect of the harassment, bullying and intimidation directed at M.A., and did not take meaningful and/or efficacious steps to address it and stop it.

"This conduct created an environment which was hostile because of M.A.’s perceived national/ethnic identity and/or because of his perceived sexual orientation, either of which or both of which would be contrary to New Jersey Law Against Discrimination."

The suit notes that the bullying could affect the boy's "mental, psychological, emotional, and behavioral health and well-being."

Lydia Cotz, an attorney for the plaintiffs, told Patch that one of the alleged bullies was being protected because the family is "well connected" in town.

"They have an ineffective HIB [Harassment, Intimidation, and Bullying] Policy," she said.

The suit requests a jury trial and "compensatory and equitable relief."

According to court records, the case was ordered to mediation last month, with attorney Kenneth A. Wallach selected to mediate.