Brooklyn, NY – After a wait of more than three and a half years, a case against a girls’ high school in Brooklyn that expelled a student after receiving an unconfirmed report from an anonymous source about behavior unbecoming of a Bais Yaakov girl is finally heading to trial.
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Judge Dawn Jiminez-Salta ruled in favor of the teenage plaintiff who sued the executive director and a pair of principals at Lev Bais Yaakov for expelling her in December 2013, charging them with multiple infractions including negligence, intentional infliction of emotional distress, breach of contract and failure to accommodate her learning disability as required by law.
As previously reported on VIN News (http://bit.ly/2VYbPsM) the teen had been struggling academically because of learning disabilities and was ousted in December 2013 after one of the principals received a phone call from an unidentified woman claiming that she had seen a nude photo of the girl on her son’s cell phone.
Allegedly, Despite not having seen the picture and without any further investigation, Lev Bais Yaakov expelled the girl, sending an email to her classmates’ parents saying that she had been removed from the school for “a very serious reason” that related to her “reputation.”
Dismissing only the emotional distress charge filed against the defendants, Judge Jiminez-Salta paved the way for a trial, with a conference to decide on a date scheduled for January 24th.
The lawyer for the now 19 year old girl, Robert Tolchin, noted that the judge’s decision allowed that the defendants’ failure to accommodate the student’s disability falls under city and state nondiscrimination laws, which could result in potentially substantial financial damages, particularly in today’s #MeToo climate.
“That is very significant,” Tolchin told VIN News. “There are very few things in New York that allow punitive damages, which are unlimited.”
Lev Bais Yaakov’s executive director, Shmiel Deutsch declined to comment on the case, saying only “that thing has been dormant for five years already.”
A lawyer representing Deutsch and principals Rivka Oratz and Batya Sochaczewski was not immediately available to comment on the matter.
Oohhhh boy!! Or in this case, girl. Stop expelling our kids from school.
In short the games are over.. yesh din v’yash dayen! Dina D’malchisa
If is was the grand rabbis daughter or the principals child caught behaving inappropriately, it would all be shoved under the rug and no one would know about it.
We need to start coming up with alternative methods when it comes to discipline, throwing a child out on the street without another school to go to is as evil as it gets.
An untznius picture can just mean that your face was showing.
This should serve as a warning to many yeshivas and schools who do not accept kids based on low grades, it can be considered a disability, and there is a possibility you can sue based on discrimination. this what a lawyer told me today!
DO NOT FORGET! what happened to Malky Klein A’H after she was kicked out of school.
My daughter too was kicked out and embarrassed in from of her peers. My heart goes out to the girl and her family I hope they win lots and lots of money and bankrupt the school. I’m still picking up the pieces and the rippling effect on the rest of the family is an unintended consequence as well. Mrs Y you’re a real charmer I hope you suffer in your own gehenim
throwing a girl out of bais yaakov is serious; it can ruin her life. However to post a nude picture is serious too; the authorities should have checked first before expelling.
New York does not have a death penalty. Since that punishment is unavailable the court should at least make sure that the principal of this school never has a chance to do such a horrible thing again to a young girl under his watch.
This should be the first on many cases before a court of law, peaple who kept quite and went into the dark with expelled kids knowing there is nothing they can do about it should know it all now, hire a good lawyer and go all the way as this case went
We can take back our chinich in boro park, Williamsburg, Lakewood and all over
Together we can make a full stop to this bloodshed
Not endorsing throwing kids out of schools but so called judges should not mix into our frum education system. It sets a dangerous precedent
It seems a child who has behavioral issues is just the sort that needs the help a school can give.
AHAAA, I see, the Girl can do anything she pleases, including the posting that she posted, but the governors of the school aren’t allowed to be מחנך the rest of the pupils attending the school, nunu, דור עיקש ופתלתול
The Yeshiva boy with the unfiltered smartphone who had a girl with disabilities send him pictures …looks like suffered no consequences and probably did a great shidduch …. Sodom!!
Lev Beis yakov is known to accept girls not accepted elsewhere. If even a more lenient school threw this girl out there must be something there. A school has to have guidelines and rules
This story is typical of the power that certain groups have over our education system, I am not sure I would send my children to a Yeshiva today. The secular part is subpar in some. Non existing in others. The Religious standard seems to be made up by whoever is in charge.
Where can we see the picture so that we can make a mature judgment based on the evidence?
Welcome to the world we live in .
I don’t know details or specifics of this case. But the casual approach to expelling a child from schools and yeshivos is alarming. As the Chazon Ish ZT”L stated, this is dinei nefashos and requires a beis din of 23 dayanim. The infraction of the girl needs to have been thoroughly investigated before one can rule on an issue. The sounds of it, from the article above, are that there was a call from an unidentified person reporting this as a fact. We cannot even base the “truth” on a verifiable source of impeccable trust. Again, if this matter was properly investigated, the discussion of whether to expel is a valid discussion. It has been noted before by the gedolei hador that there needs to be an objective, unbiased ruling on such decisions. For a principal to expel a student because of the fear that a rumor might damage the school is irresponsible, possibly even spiritual and emotional murder. Our schools and yeshivos must approach the subject of expulsion in a more humane and Torah based manner. Many fail at this.
“The lawyer for the now 19 year old girl”.
She is 21.
Can’t imagine the family would be suing if there was any truth to this tale at all. Have to believe it was a fabrication of the school — of somebody’s personal fiefdom! Look around! I believe 95% of our OTD kids are learning disabled! Never forget, that a mere 40 years ago, these kids were a part of our classrooms and had friends amongst their peers. Further, they went on to marry and set up stellar Jewish homes! How long will we allow for this mockery of “chinuch” to continue in our times? Refoel Bernstein and his henchmen at Yeshiva Ohr Yisrael / “Zuckers” kick around all their kids on a daily basis, many are learning disabled. The horror they have caused to kids and their families is unimaginable. How long will we allow these cancers in our community to exist?! If it has not effected your family yet, I promise you, it is coming to your backyard sooner than you think!
What happened here is the Malaise of all the Haredi yeshivas – kick out first ask questions afterward. The yehivas both boys and girls want only the best – anything less – OUT-
Did the yeshiva verify the information or perhaps some influence from $$$$ – I am not accusing – but didn’t we learn you need two witnesses – but alas this did not occur
No one knows the real story – but in these times of the internet and social media we do not need undue attention.
I do hope the young woman wins lots…but money will not repay the humiliation she had.
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The principals and teachers in some BY schools think hilchos lashon hara do not apply to them. From personal experience, I can affirm that they not only accept damaging words of L”H as truth, they encourage the students to share gossip and slander with them.
I have received quite a few phone calls from principals and camp directors of various misdemeanors my children committed, reported to them by spies who they will not name.