SPECIAL REPORT: WHAT HAPPENED TO THE STUDENT IN THE CLOSET?

Marshall School

For Salimah and Melvin Latham, the past five months have been a challenging trail of questions, concerns, worries and demand for answers. 

Parents of an eight-year-old boy who just finished second grade at Marshall School, the Maplewood couple says it wasn't just that their son was forced to sit in a closet as punishment a few months ago, it was the lack of response from the school district and the anger that this treatment was not considered a case of harassment, intimidation and bullying (HIB.)

"The communication is the major gripe," Ms. Latham told Maplewoodian.com in an interview. "We did not know how this would be investigated. He was having nightmares and he still has trouble sleeping. We do believe and we feel that this should have been investigated as an HIB incident."

Principal Bonita Samuels

Like most New Jersey school districts in recent year, the South Orange Maplewood Schools have a very specific policy regarding HIB incidents, which include specific reports and investigative procedures. But the Lathams say such procedures were not followed.

"If the teachers don't follow school policy, there has to be a stronger discipline for teachers to follow them," Mr. Latham said.

At issue is the Jan. 12 incident that occurred in their son's classroom at Marshall School, a multi-grade mixed class of second and first graders taught by Deborah Charles.

According to the Lathams, who were briefed on the incident by Marshall School Principal Bonita Samuels, and internal reports that included accounts from two Marshall staff members, the Lathams' son was being punished during an in-school recess on Jan. 12.

An April 5 internal review by Assistant Superintendent Kevin Walston, obtained by Maplewoodian.com, included interviews with a lunch monitor and a para-professional who were in the room when the Latham child was being punished.

They told Walston that the child had been directed to stay in the closet or "coatroom" for 30 minutes, with one noting the closet door was "cracked open." His report also cited an interview with the two staffers done by Samuels in which Samuels described one of them as "visibly upset" and finding the punishment "very disturbing." 

When Charles left the classroom, one of the staffers let the Latham child out of the closet and later reported the incident to their employer, Pomptonian Food Services, who later informed Principal Samuels.

Ms. Latham said she was not told about the incident until eight days later, on Jan. 20, when Samuels took her aside at the school while she was visiting for a class activity.

"She was informing us of what happened," Ms. Latham recalls. "And she told us she had called down to the district office as soon as she heard about it and she acted upon it immediately." 

Samuels declined comment and referred questions to district officials. 

Walston's report also indicates that Samuels called the Child Protection and Permanency Division of the State Department of Children and Families (formerly Division of Youth and Family Services or DYFS) to report the incident. He added that a state case worker told the district the incident was inappropriate but did not constitute "abuse or neglect because the door to the coatroom was left partially open." 

The Lathams received a letter from the state agency as well, dated April 25, that indicated it found evidence of abuse or neglect was "not established."

Walston's report also indicated Walston was asked how to proceed by Samuels and said Charles was suspended pending the outcome of an investigation. It did not say if she remained on salary. 

An email to parents on Feb. 1 indicated Charles was on leave, but offered no reason or other information indicating she had actually been suspended. 

See that email below: 

February 1, 2016 

Greetings Multiage Families,

I take this opportunity to update you on the coverage for Mrs. Charles’ class during her absence.Until her return, Ms. Charles’ class will have a consistent substitute teacher. Ms.Kim Jukes has worked as a substitute in Marshall School and across the district in various elementary schools. She is well-known to the staff and students, and began working in Mrs. Charles’ class on Friday. Ms. Jukes will continue to work closely with Mrs. Lincoln and the Marshall Staff to engages all students in the exciting learning opportunities designed for our multiage classrooms. Thank you for continuing to be respectful of Mrs. Charles’ privacy during her absence. At this time, it is unclear as to the anticipated length of her absence, but I will continue to keep you informed as necessary. If you have any questions or concerns that have not been addressed here, please contact me.
Sincerely, 
Bonita Samuels, Principal 

The Lathams said that Charles never returned to class and they were never informed of any discipline against her.

Records from the April 18 school board meeting indicate the board  accepted Charles' retirement as of July 1, 2016, with no indication of a suspension or other reason for leaving.  

"As you know we cannot comment on personnel matters," District spokeswoman Suzanne Turner said via email. "Ms. Charles' retirement is a matter of public record, however."

Asked why the incident was not handled as an HIB matter, Turner added, "Generally speaking, not all allegations are investigated as HIB incidents, but we take all allegations of harm or potential harm to students extremely seriously, and investigate thoroughly."

Although Charles had tenure after many years in the district, she could have been fired for cause if the district had chosen to seek her dismissal through the state tenured teacher review process.

But the district did not.

Asked what the district was doing to prevent such incidents from occurring in the future, Turner said, "Without being specific about this particular case, the district is committed to multi-tiered efforts to end any vestiges of discrimination, and to ensure that all students are treated equitably, and have access to all that SOMSD offers."

But the Lathams say that is not enough. Even after two meetings with district and school officials, and several appearances before the school board, they say they are unsatisfied even as they plan to continue their son in the district and move him on to Jefferson School.

"We feel that it's not over," Ms. Latham said. "This should have been investigated as an HIB incident and it hasn't."