Case Background
Twelve-year-old Kyle G., while attending MicroSociety Magnet School in New Haven, Connecticut, was subjected to repeated harassment and bullying, amounting to child abuse and neglect. However, Kyle’s bully was not another student, but rather his teacher Nicholas Frank. The witnesses, Kyle’s classmates.
Mr. Frank subjected Kyle to constant ridicule in front of Kyle’s classmates, calling Kyle “cheeks,” “birthing mother,” and “fish out of water.” Mr. Frank even resorted to physical harassment, by pinching Kyle’s cheeks. Mr. Frank limited Kyle to asking only ten (10) questions a day, and if Kyle went over, Kyle could choose his punishment: have his cheeks pinched or lunch detention. As a result, Kyle became terrified in class, as he was afraid of how Mr. Frank was going to make fun of him next. Kyle’s grades started slipping from A’s to C’s. He had trouble sleeping and started wetting his bed.
Kyle’s mother became alarmed and reported her concerns to the school administrators. Upon learning of Mr. Frank’s actions, the school advised him to stop calling Kyle names, stop pinching his cheeks, and to minimize contact with Kyle. When questioned, other students confirmed Kyle’s story. Students reported that Mr. Frank called Kyle “pregnant” due to his weight. As a result of the investigation, Mr. Frank was suspended for eight days without pay.
The Charges
Connecticut Department of Children and Families (“DCF”) learned of the incident and charged Mr. Frank with emotional neglect. A hearing officer substantiated the finding, holding that Mr. Frank “subjected Kyle to ‘acts, statements, or threats’ that would have an adverse impact on Kyle, including referring to his facial appearance and his weight.” After substantiating the findings, DCF had a separate hearing as to whether Mr. Frank should be placed on DCF’s central registry of child abuse and neglect.
In deciding to place Mr. Frank on the central registry, the hearing officer determinate that Mr. Frank “in light of the attention given to anti-bullying in the school context, should have been aware of the implications of his statements. Kyle suffered an adverse emotional impact from the plaintiff’s [Mr. Frank’s] behavior as his grades dropped and his fear of school increased.” The hearing officer found that Mr. Frank had a pattern of abuse.
On Mr. Frank’s appeal of the DCF’s findings, the Superior Court rejected Mr. Frank’s arguments that the decision was not based on substantial evidence. The Court stated, “the court defers to the conclusion of the hearing officer who noted that teachers through the schools districts are on notice that poking fun at students is inappropriate behavior.”
By: Leigh H. Ryan, Esq.
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If you or someone you know has been a victim of bullying or harassment, please contact a knowledgeable attorney. At Maya Murphy, P.C., we have decades of experience dealing with Education Law, harassment or bullying, Special Education Law, and discrimination– often in situations where they run concurrently. We handle all types of issues, in a broad geographic area, which includes Westport, Fairfield, Greenwich, New Canaan, and the entire Fairfield County area.
If you have any questions regarding bullying, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@Mayalaw.com.