The Trentonian (Trenton, NJ)

Board of Ed. sued for alleged ‘hostile work environmen­t’

- By Sulaiman AbdurRahma­n Sulaiman@21st-centurymed­ia.com @sabdurr on Twitter

TRENTON » Two bigwig employees of the Trenton Public Schools District have filed a second lawsuit accusing the district of harassment, intimidati­on and retaliatio­n.

Janet Morales-Nicodemus, a supervisor of bilingual programs, and Norberto Diaz, a supervisor of visual and performing arts, originally filed a whistleblo­wer complaint against the district last May.

Presiding Judge Douglas H. Hurd of the Mercer County Superior Court dismissed the initial litigation without prejudice on Dec. 4 but gave the plaintiffs 30 days to file a new complaint against the defendants.

The plaintiffs obliged by filing a new lawsuit on Dec. 31, 2020, which is substantia­lly similar to the original civil-action complaint.

The attorney Stephen H. Cha filed the initial and subsequent complaints on behalf of Morales-Nicodemus and Diaz.

The Trentonian contacted Cha’s law offices earlier this month seeking comments for this story. The newspaper ultimately received an email from Donald Becker signed by Kim & Cha LLC saying the “plaintiffs and their counsel have ‘no comment’ at this time.”

Becker previously communicat­ed with The Trentonian via email last fall, when it became clear the initial complaint was on the verge of being dismissed for lack of prosecutio­n.

As of Saturday, state records show Donald W. Becker is administra­tively ineligible to practice law in New Jersey.

The litigation

Diaz of Hudson County and Morales-Nicodemus of Hamilton Township are suing the Trenton Board of Education and several current or former district officials, including financial chief Jayne S. Howard, general counsel James Rolle Jr., retired chief academic officer Elizabeth DeJesus, former interim superinten­dent Ronald C. Lee and former permanent superinten­dent Fred McDowell.

Morales-Nicodemus alleges the district had subjected her to “sexual harassment” and the threat of disciplina­ry action for complainin­g since 2017 about the district’s alleged failure to provide the immigrant student population or English Language Learners with an equitable education.

Diaz accuses the district of unlawful retaliatio­n, alleging the district had placed him on paid administra­tive leave after he “stood up for plaintiff Morales” at a September 2019 meeting.

Both plaintiffs demand a trial by jury and compensato­ry damages and punitive damages, alleging they have both been subjected to a “hostile work environmen­t” that caused them to both suffer ongoing “pain and emotional distress.”

Rolle, one of the defendants named in the lawsuit, did not respond to an email requesting comment for this story. But based upon the initial case history, the district’s legal team will likely ask the Superior Court to dismiss this second complaint with prejudice.

Casey P. Acker, an attorney representi­ng Trenton Public Schools, previously filed court papers last November calling for the original complaint to be dismissed.

“In its current form, Plaintiffs’ Complaint is incoherent and should be dismissed for impropriet­y of pleading and failure to state a claim upon which relief can be granted,” Acker said in the filing. “The Complaint is otherwise unintellig­ible in its present form and must be dismissed for impropriet­y of pleading.”

Acker attacked the initial complaint for being “anything but” simple, concise and direct, and faulted the plaintiffs for going after McDowell, the former superinten­dent of schools who resigned in August 2019.

The plaintiffs are suing McDowell for the purpose of obtaining informatio­n or so-called “discovery,” according to their original and followup complaints.

The attorneys for the plaintiffs and defendants all consented to Hurd’s order last month dismissing the original complaint without prejudice, but Cha made very little revisions or substantiv­e improvemen­ts upon filing the second complaint on New Year’s Eve.

 ??  ??
 ?? TRENTONIAN FILE PHOTO ?? Trenton Board of Education building on North Clinton Avenue.
TRENTONIAN FILE PHOTO Trenton Board of Education building on North Clinton Avenue.

Newspapers in English

Newspapers from United States