Walsh Bullying Episode Draws Outside Agencies

Adrienne Serra, an advocate for Orit Avizov, whose son was attacked last winter by Walsh Intermediate School students allegedly yelling ​“Kill the Jew,” has been corresponding with state and federal agencies for months to seek a resolution to the bullying episode.

She has consulted with the state Department of Education (SDE), the U.S. Attorney’s Office (The Department of Justice) and state Sen. Ted Kennedy Jr.’s office, she told the Eagle in an interview.

She decided to seek outside help, she said, after she learned that the bullying case against a Walsh student, then 12, was not listed in a public school log entitled ​“Verified Acts of Bullying in Branford Public Schools.”

Serra is a longtime advocate for bullied children, stemming from the experiences of her son, who is now 19. She works with an advocacy organization, Connecticut Kids First. She and Avizov are longtime friends.

The incident involving Avizov’s son and a group of students took place on Friday, Jan. 22, 2016.

That date is missing from the official state bullying log kept by the Branford School District.

The discrepancy stems from a difference of opinion about whether the incident fits the definition of ​“bullying.”

Serra has discussed the case with school officials, including Superintendent of Schools Hamlet Hernandez, but came away dissatisfied. In addition to the log issue, Serra said the student who led the attack against Avizov’s son was permitted to return to Walsh last spring and to the same team of students that included the victim.

Avizov has told Serra she wants to meet with Hernandez in order to discuss a safety plan for the coming school year, which begins Aug. 29. She also wants to be assured that she, too, will be safe at Walsh where she works.

In addition, Avizov, who works at Walsh through Chartwells Schools Dining Service, was (and remains) fearful about losing her job because of her efforts in pursuing the case. Hernandez wants to meet with her as well. It remains to be seen if that meeting takes place.

As for the leader of the attack against Avizov’s son, a student who lives in New Haven and attends Walsh under a special program, Hernandez said in an interview with the Eagle last week that he will be returning to Walsh when school starts this semester. Avizov has told friends she believes he will be returning as well.

Will he be assigned to the same ​“team” that includes Avizov’s son? Hernandez did not address that issue. Last spring, after a three-week suspension following the bullying attack, he went right back to the same team. But he had an aide with him, at least most of the time. 

State Department of Education Involvement

After corresponding for months with the state education officials about the Walsh bullying case, Serra says the state’s top civil rights coordinator is now reviewing the case. 

Adrian Wood, education consultant, State Title IX coordinator who oversees civil rights compliance for the state Department of Education (SDE), was given copies of Avizov’s and Serra’s complaints about how local school officials handled the bullying case. 

In a conference call in July between Serra, Wood, and Dr. Jo Ann Freiberg, an education consultant on bullying, Serra said Wood wanted to meet with Hernandez.

The meeting between Dr. Freiberg and Hernandez took place last week without Serra or Ortiz. (Wood was not available.) Hernandez described the meeting in an interview with the Eagle as ​“positive and productive. We worked with the state relative to the case.” Citing FERPA (the Family Educational Rights and Privacy Act), he would not discuss the details of the discussion regarding the bullying incident.

Hernandez said in the interview, ​“I believe it will be seen that the school district did everything it was supposed to do.” He maintained that he would still like to meet with Avizov. ​“Meeting with me would be a step toward resolution,” he said.

Serra said she wants the SDE to speak with Avizov’s son, but they do not speak with victims, just to parents or guardians.

Freiberg did not return two phone calls seeking comment.

Kennedy’s Office Involvement

After the May 18 Board of Education meeting, during which bullying was raised by a group of parents, Serra (representing Connecticut Kids First) created a petition seeking a task force review of school bullying practices and school safety. To date, the petition has more than 300 supporters from around the country and overseas. State Sen. Ted Kennedy Jr., supports a discussion of the issues.

Serra said Aurora D’Angona, Kennedy’s legislative aide, ​“has been open to receiving calls from other parents in the district regarding their experiences.” Serra also forwarded her petition to Kennedy’s office. ​“I’m pleased with their concern and willingness to hear us,” Serra said.

D’Angona said in an interview that such matters need to be examined from the perspective of the constituent. ​“We can look at the laws,” she said. ​“We can be here and listen and make sure everything is done properly.”

She said that this is a two-part problem, regarding the specific individual and his and his mother’s experience, and how to address bullying in general.

U.S. Department of Justice Inquiry

The January assault incident was subsequently outlined in a March 2 letter to the U.S. Department of Justice (DOJ), Civil Rights Division/Educational Opportunities Section from Avizov and Serra. According to the letter, there was video of what was described as a physical and verbal assault by 20 students in the locker area around the time of dismissal. Orit’s son said the students yelled, ​“Kill the Jew! Jews don’t deserve anything nice! Give us all your money!”

Hernandez said the students had yelled, ​“Kick the Jew,” not ​“Kill.”

The letter goes on to say that Avizov and another mother were waiting in the dismissal area for their children and saw her son crawling toward them, crying and unable to speak. Serra explained that it was actually the other mother who first spotted Avizov’s son clutching his side. Betty Finnegan, a secretary, said, ​“Oh my god, get him to the nurse!”

He was taken to the nurse’s office where ​“a mild injury to his head” was documented via a standard medical form along with symptoms to watch for. Principal Robin Goeler came in and the student told his story. The principal responded that it was only one side of the story and would have to be investigated. Serra said Avizov later saw a bruise on her son’s side.

Serra has produced documentation from Jessica Paquette, a nurse at Walsh, in which Avizov’s son says, ​“They attacked me and were saying ​‘Kill the Jew!’” He supplied other details regarding the attack.

DOJ Response

In June, Serra delivered what she identified as 69 pages of evidence relating to the case to the Department of Justice’s office in New Haven. In July, she received a long response from Connecticut U.S. Attorney Deidre M. Daly and Assistant U.S. Attorney Marc H. Silverman.

The letter concluded, ​“I understand from your submission and from my conversation with EOS [Educational Opportunities Section of the Civil Rights Division of the Department of Justice] that you sent your complaint and supporting documentation to EOS and that EOS will review those materials in due course. Accordingly, the United States Attorney defers to EOS as to whether any further action on the part of the Department of Justice is warranted in response to the concerns you have raised.”

That’s one aspect of the inquiry. Serra says Avizov’s son was assaulted based on his religion and that should be considered a hate crime and a violation of his federal civil rights. She said hate crime goes beyond the scope of the school district’s jurisdiction and based on a follow-up phone call, she plans to speak with federal prosecutors this week.

EMails to Hernandez

Prior to the original letter to the Department of Justice in March, a series of emails, beginning Feb. 17 between Avizov and Hernandez discussed Avizov’s concerns that that the student responsible for assaulting her son had returned to school after a three-week suspension. She requested a copy of the video that she was told existed along with assurances that her son would not be bullied in school. She also wanted the information collected by the school about the incident.

Hernandez responded that he would contact Principal Goeler to discuss the situation.

On Feb. 24, Avizov again wrote to Hernandez expressing concern about the safety of her son, who was a seventh-grade student, stating that the school reneged on its statement that the student attacker would not be returning to Walsh.

According to Avizov’s and Serra’s March 2 DOJ letter, Goeler told her on Feb. 1, that he met with the student’s parents and he did not feel the student would be returning to school. But he did return to Walsh.

Serra said that Goeler sent out an email to Walsh faculty encouraging them ​“to take the position of no comment and to direct any parent or student inquiries to him. Serra noted that the timing for Goeler’s email – May 20 – was on the heels of the publication of ​“the first story in the Branford Eagle on May 20.” Serra said that Avizov was asked to read and sign this on May 24 while at work.

Then Hernandez issued a press release on May 23, stating: ​“Branford Public Schools is committed to ensuring each school maintains a safe environment for all students. The District strongly condemns inappropriate behavior toward any student, including bullying, violence and racial attacks. All claims of misconduct or prohibited behavior are investigated and addressed in a timely thorough and judicious manner by the administration.”

He went on to say that information regarding discipline is protected by the Family Education and Rights Privacy Act (FERPA) and while the district cannot comment on actions concerning a specific student, ​“the Branford Public Schools can assure the community that the situation at Branford Intermediate School that has been the subject of recent comments has been reviewed carefully and thoroughly by the administration.”

In an interview in June, Hernandez maintained he was confident in the review and the official conclusion, a conclusion that kept the Avizov case off the bullying log.

Post May 18 BOE Meeting

While eight individuals spoke out at the May 18 meeting, they have been silent since then. Only Serra and Avizov have pursued any action against the school district, and Serra said that Avizov is feeling intimidated and shunned.

It appears that the district followed the correct protocol in handling the incident as set down in the school district/CABE directive. Go to STUDENTS — Series 500, then 5131.911. 

The school also has a detailed policy addressing bullying and a ​“Safe School Climate Plan” has been in place since January 2012.

State legislation also addresses the problem and has a non-partisan page through the Connecticut Commission on Children devoted to resources on bullying>.

Serra says the school district has not been transparent in making details of the assault accessible to those with a vested interest in the problem, including Avizov’s son, who is still quite fearful, she added. He has sought counseling and support through his Temple. Serra noted that although the family takes its Jewish faith very seriously, Avizov’s son was not wearing a yarmulke to school. Serra said Avizov and her son also contacted the Anti-Defamation League in May. ​“The Jewish community has been quiet, but if this continues, they will rise up,” said Serra.

The Take-Away

It appears that parents are often not aware of the process for reporting that their child has been bullied. This information, including a form for reporting incidents, is available, but it is not readily accessible on the Branford Public School’s website. Parents have to be computer savvy – often they are not, as in Azivov’s case.

In addition, parents are so often taken by surprise during such incidents, they don’t know how to pursue corrective action and schools are quick to minimize any ​“bad press,” Serra said. Children may be afraid to speak out. ​“They are ashamed,” said Serra. ​“They just want to make it through the day.”
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