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Brooklyn, NY - Bais Yaakov Student Expelled Over Alleged Immodest Pic Wins Legal Victory As Judge Greenlights Trial

Published on: January 16, 2019 09:00 PM
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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.

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.

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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.



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Read Comments (48)  —  Post Yours »

1

 Jan 16, 2019 at 09:10 PM Aguttenshabbos Says:

Oohhhh boy!! Or in this case, girl. Stop expelling our kids from school.

2

 Jan 16, 2019 at 10:10 PM Chaim Says:

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.

3

 Jan 16, 2019 at 10:12 PM Judith Says:

An untznius picture can just mean that your face was showing.

4

 Jan 16, 2019 at 10:23 PM inNY Says:

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!

5

 Jan 16, 2019 at 10:37 PM Anonymous Says:

DO NOT FORGET! what happened to Malky Klein A'H after she was kicked out of school.

6

 Jan 16, 2019 at 11:08 PM Anonymous Says:

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

7

 Jan 16, 2019 at 11:42 PM CHALEMOK Says:

Reply to #2  
Chaim Says:

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.

OH YEAH, AS EVIL AS IT GETS? LIKE LETS SAY THE HOLOCOUST?

8

 Jan 16, 2019 at 11:52 PM lazy-boy Says:

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.

9

 Jan 17, 2019 at 12:21 AM LionofZion Says:

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.

10

 Jan 17, 2019 at 12:26 AM Eich Says:

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

11

 Jan 17, 2019 at 01:19 AM Mark Levin Says:

Reply to #1  
Aguttenshabbos Says:

Oohhhh boy!! Or in this case, girl. Stop expelling our kids from school.

Easy for you to say but IF the girl ch'V did that, the punishment is VERY justified. I am not talking about the seemingly lack of looking into the story by the Admin bec that is a major tay'na.

12

 Jan 17, 2019 at 01:20 AM Liberalism Is A Mental Disorder Says:

Reply to #5  
Anonymous Says:

DO NOT FORGET! what happened to Malky Klein A'H after she was kicked out of school.

I'm sorry but people are responsible for THEIR OWN actions too!

13

 Jan 17, 2019 at 01:21 AM Liberalism Is A Mental Disorder Says:

Reply to #4  
inNY Says:

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!

Get a new liar, I mean lawyer!

14

 Jan 17, 2019 at 07:10 AM Educated Archy Says:

Not endorsing throwing kids out of schools but so called judges should not mix into our frum education system. It sets a dangerous precedent

15

 Jan 17, 2019 at 07:14 AM yamsar Says:

Reply to #3  
Judith Says:

An untznius picture can just mean that your face was showing.

Naaah. I know you are bitter about the role of Jewish women, but even you know that your statement is more of an emotional rant.

16

 Jan 17, 2019 at 07:33 AM Anonymous Says:

Reply to #2  
Chaim Says:

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.

Throwing a child out of a school is damaging even if there is another school ready to take the child. The child will never forget what happened, and then has to face the major adjustments of going to a new school without knowing anyone, not being with friends, etc. This should be the very last resort, if ever done.

17

 Jan 17, 2019 at 08:32 AM PaulinSaudi Says:

It seems a child who has behavioral issues is just the sort that needs the help a school can give.

18

 Jan 17, 2019 at 08:34 AM Fred Says:

Reply to #3  
Judith Says:

An untznius picture can just mean that your face was showing.

Sure. You’re very mature.
A school is allowed to have standards and policies, just a company if you don’t follow them you’re out!

19

 Jan 17, 2019 at 09:07 AM alterknaker Says:

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

20

 Jan 17, 2019 at 09:34 AM Anonymous Says:

Reply to #12  
Liberalism Is A Mental Disorder Says:

I'm sorry but people are responsible for THEIR OWN actions too!

Right. Even mental cases such a yourself.

21

 Jan 17, 2019 at 09:35 AM Anonymous Says:

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!!

22

 Jan 17, 2019 at 09:55 AM Anonymous Says:

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

23

 Jan 17, 2019 at 10:47 AM shimonyehuda Says:

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.

24

 Jan 17, 2019 at 10:56 AM Anonymous Says:

Reply to #11  
Mark Levin Says:

Easy for you to say but IF the girl ch'V did that, the punishment is VERY justified. I am not talking about the seemingly lack of looking into the story by the Admin bec that is a major tay'na.

How dare you say that. Malky was a CHILD not an adult. I hope you never have to endure the HELL of Mr and Mrs Klein. Religion is about guidance and become more god like in their kiddos not their EGO.

25

 Jan 17, 2019 at 11:14 AM Moishe_Mechel Says:

Reply to #2  
Chaim Says:

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.

grand rabbi or groiysa noogid

26

 Jan 17, 2019 at 11:15 AM Anonymous Says:

Reply to #6  
Anonymous Says:

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

“ My daughter too was kicked out and embarrassed in front of her peers. My heart goes out to the girl and her family." YOU ARE NOT ALONE. (happened to my daughter in another all girls school)"I’m still picking up the pieces and the rippling effect on the rest of the family is an unintended consequence as well". YOU ARE NOT ALONE (for 11 years now trying to get my daughter and the rest of the family back on track.With Hashem's help we will have Hatzlacha.

27

 Jan 17, 2019 at 11:18 AM Mayer Says:

Where can we see the picture so that we can make a mature judgment based on the evidence?

29

 Jan 17, 2019 at 12:22 PM The_Truth Says:

Reply to #27  
Mayer Says:

Where can we see the picture so that we can make a mature judgment based on the evidence?

No one knows IF there was even a picture, as supposedly the caller who told the school what happened, was anonymous.

30

 Jan 17, 2019 at 12:28 PM The_Truth Says:

Reply to #17  
PaulinSaudi Says:

It seems a child who has behavioral issues is just the sort that needs the help a school can give.

This is exactly right. Most of the girls will just go along with whatever they are fed; sit nicely in class, do their work, and follow the rules. Thats not chinuch, that is just talking to sheep. The chinuch is when you have children who don't fit the mold, who are different, who do need to learn something - THAT is chinuch. This is the one opportunity they had to really teach, guide and nurture a bais yaakov girl and prove they are in the chinuch world.

31

 Jan 17, 2019 at 12:31 PM Anonymous Says:

Welcome to the world we live in .

31

 Jan 17, 2019 at 12:33 PM Anonymous Says:

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.

32

 Jan 17, 2019 at 12:34 PM The_Truth Says:

Reply to #22  
Anonymous Says:

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

Yes, you can have standards and guidelines that need to be kept to, but what happens when a kid just cant keep to them, when the yetzer hora is too much to handle; what if this is not your student in school but your child at home? do you just abandon and throw the kid out? No, you work with what you have and try to the best you can. A school may need to look elsewhere, to see if there would be a better fitting school and suggest the parents move the child there (as I have known some schools to do) but a child can not be just abandoned (especially after some sketchy evidence).

33

 Jan 17, 2019 at 01:25 PM Anonymous Says:

Reply to #22  
Anonymous Says:

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

That school has one of the highest standards for a Beis Yaakob school around.
Academically the school can match up with any school on their level, and their regent marks can prove it.

34

 Jan 17, 2019 at 01:32 PM Truth Says:

Reply to #22  
Anonymous Says:

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

It happens to be, that class was known as not of one the school's finest. There is no reason why one girl or bad class should be able to bring a school down, by giving it a bad name. Sometimes, schools like everyone else, have to make difficult decisions. If this was the first time the school had an issue with this girl I am quite sure the outcome would be different. I can't fault the school for trying to protect its name.

35

 Jan 17, 2019 at 01:36 PM shimonlevy Says:

Reply to #22  
Anonymous Says:

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

I don't understand what the big deal is, don't schools have the right to dismiss whomever they want at will? If the kid is misbehaving or acting up why do the schools have to keep the kids? As far back as I could remember, all schools have thrown out students.

36

 Jan 17, 2019 at 01:41 PM Anonymous Says:

"The lawyer for the now 19 year old girl".

She is 21.

37

 Jan 17, 2019 at 02:00 PM Anonymous Says:

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!

38

 Jan 17, 2019 at 02:09 PM grandpajoe Says:

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.
.

39

 Jan 17, 2019 at 02:54 PM Anonymous Says:

Reply to #2  
Chaim Says:

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.

Yes.

40

 Jan 17, 2019 at 02:56 PM Anonymous Says:

Reply to #4  
inNY Says:

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!

Many yeshivas are guilty of catering only to so called 'top" students leaving others with no place to go. I doubt the torah would agree with such a policy.

41

 Jan 17, 2019 at 02:59 PM Anonymous Says:

Reply to #8  
lazy-boy Says:

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.

Of course. To expel someone based on rumors is rechilus at its worst with terrible consequences to the victim I hope she wins a lot of money to teach these people a lesson.

42

 Jan 17, 2019 at 03:01 PM Anonymous Says:

Reply to #14  
Educated Archy Says:

Not endorsing throwing kids out of schools but so called judges should not mix into our frum education system. It sets a dangerous precedent

Oh as if the system handles child abuse just great. Just bury everything!

43

 Jan 17, 2019 at 03:02 PM Anonymous Says:

Reply to #17  
PaulinSaudi Says:

It seems a child who has behavioral issues is just the sort that needs the help a school can give.

Good point!

44

 Jan 17, 2019 at 03:03 PM Anonymous Says:

Reply to #19  
alterknaker Says:

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

Didn't you even read the article Bozo?

45

 Jan 17, 2019 at 03:08 PM Anonymous Says:

Reply to #38  
grandpajoe Says:

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.
.

I agree.

46

 Jan 17, 2019 at 03:32 PM anonymous Says:

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.

47

 Jan 17, 2019 at 04:13 PM Anonymous Says:

Reply to #46  
anonymous Says:

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.

Sounds like KGB.

48

 Jan 17, 2019 at 06:09 PM The_Truth Says:

Reply to #46  
anonymous Says:

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.

Unfortunately, the Yeshivos are no better, but are far worse when it comes to fundraising and when it comes to money.They will bully parents into giving money and threaten to throw kids out and spread loshon hora about them unless they pay up. Real mafia.

49

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