BRUNSWICK

The Brunswick School Department is fighting allegations brought to the Maine Human Rights Commission that a former Brunswick Junior High School student was discriminated against amidst accusations of bullying, sexual harassment and sexual assault.

An investigator’s report for the Maine Human Rights Commission is recommending that the commission find there is an even chance that the allegations could be proven in court.

The Brunswick School Department is contesting the report, which will go before the commission July 14.

The mother of the former student alleges that between August 2010 and August 2012 her son was subjected to repeated instances of bullying and harassment due to his “perceived sexual orientation” that went to such extremes that the boy became suicidal, according to the investigator’s report released June 13.

The boy was allegedly taunted for his appearance by other students, and was subjected to unwanted and inappropriate touching by other students, at times as part of a so-called “gay test,” according to the parent. After one instance when the boy was cornered by his locker, the boy complained to his homeroom teacher and advisers, and was told to “suck it up,” according to the report.

In November 2011, the mother contacted the junior high school because she was concerned the boy was “stressed and shutting down,” and unable to complete his school work, according to the report. By late May/early June 2012 the boy refused to go back to school.

In June 2012, the school implemented a safety plan for the student. The student was assigned an adult escort to accompany him between classes, and he was required to stay late in class or leave classes early in order to avoid hallways filled with students. The boy also had lunch in a classroom and was allowed to use a private bathroom.

The boy returned to school, but the school district maintains that the boy didn’t follow the agreed-to plan, and left class at the same time as other students.

In late October, the boy told his mother that he had been sexually assaulted by other students on three occasions between November 2011 and May 2012, according to the report. At that point, he stopped attending BJHS.

The boy was evaluated by the Spurwink Child Abuse Program and interviewed by Brunswick Police.

“The evaluation highlights the consistency of minor’s reporting of the assaults each time he was asked about them,” according to the report.

A doctor’s exam noted a scar consistent with the boy’s description of a November 2011 sexual assault, in which he was cut on the arm with a knife.

The boy was admitted to the hospital in December 2012 for “suicidal ideation,” after which he was diagnosed with post-traumatic stress disorder as a result of the sexual assaults, according to the report.

In January 2013, a superintendent’s agreement was signed allowing the boy to attend a different school.

According to the investigator’s report, the district does not deny that the boy “was occasionally teased and made fun of by other students while enrolled at BJHS.” However, the school district’s response in the report is that the school performed measures to make sure the boy felt safe.

Through the boy’s time at the Brunswick Junior High, “he made many reports regarding incidents with other students. When allegations of teasing were brought to BJHS officials they were investigated and inappropriate conduct was addressed,” according to the district’s response, as it appears in the investigator’s report. “When investigating complaints that were made, BJHS often found that (the boy’s) perception of a situation did not line up with the reality of events.”

“This appears to be a situation where one student would tease (the boy) then stop, then another student would tease (the boy) then stop; it was not a situation where one student repeatedly teased (him) and was permitted to get away with it.”

The school district plans to contest the allegations, according to Superintendent Paul Perzanoski.

“We feel we followed our policy,” Perzanoski said in an interview.

That policy, he said, has been recognized by the Maine Department of Education as a model for bullying prevention. Bully prevention measures include assemblies for students, peer counseling, “Stand Up To Bullies” weeks and staff training.

The district also denies that the boy’s grades were affected by bullying and harassment, nor did it cause him to drop out of extracurricular activities.

“My administration spent an awful lot of time and effort” in addressing the student’s concerns, said Perzanoski.

Brunswick Junior High School Principal Walter Wallace “worked extensively” with the boy’s mother, “apprising her every inch” of the school’s investigations of bullying and harassment allegations, said Perzanoski. “It was a thorough process.”

Perzanoksi said that he was “involved from day one” with the complaints, however the boy’s mother never asked to meet with him about the boy.

The district can only deal with the information that is brought forth, Perzanoski said, adding, “We can’t necessarily fix what we don’t know.”

Perzanoski noted that police did investigate the assault accusations.

“If they thought there was something, they would have brought charges forward,” Perzanoski said.

However, the report states that the boy “was not able to explain why he never reported any of the incidents to BJHS school officials before October 2012.”

When the assault allegations were revealed in October 2012, the school notified police and the Department of Health and Human Services. Students allegedly involved in the assaults and potential witnesses were interviewed.

“No one remembered seeing anything, and those accused denied the accusations,” according to the district’s response in the report.

The response also added that: “The sexual assault allegations were not substantiated by BSD’s investigation. The police department similarly determined that the allegations of sexual assault were not credible.”

The investigation states that the issue of whether or not the assaults took place was “a difficult one, and has been contested by both parties.”

However, the verbal and “lesser physical harassment” was pervasive and severe enough to interfere with the boy’s education. As a result, the investigation stated, there is no need for the commission to determine whether the assaults occurred.

What bullying problems can be solved has been done “to the best of our ability,” Perzanoski said.

There are about 30 to 40 superintendent’s agreements signed every year between Brunswick and other school districts involving the transfer of students to or from Brunswick for various reasons. Those include at least three students who transferred to Brunswick High School to escape bullying from other districts.

There is “quite a bit that needs to be clarified” in the investigator’s report, said Perzanoski. “There’s a lot of inaccuracies that need to be corrected.

“It’s just sad that situations get to this point,” he added. “Certainly whatever the outcome of the case, we will try to learn something from it and try to improve.”

As to what specifically the district could improve, Perzanoski said, “It’s hard to fathom, with all the time we put into this. … Nobody’s perfect, but we’ve done a pretty good job in trying to handle the situation.”

The investigator’s report is one of the first steps required before a human rights violation complaint is heard in court, according to Amy M. Sneirson, executive director of the Maine Human Rights Commission. The report makes a recommendation to the commission whether there is an even chance that complainant can prove in court that the Maine Human Rights Act is violated. The five-member commission makes a determination after hearing oral presentations.

If the commission cannot resolve the issue through conciliation within 90 days, the complainant could then potentially file suit.

In this case, the investigator found there is reason to believe that there is an even chance the complainant could prove that the boy was harassed based on his perceived sexual orientation.

“Looking at the totality of the incidents that occurred, they are pervasive,” the report reads. “The facts show that (the boy) subjectively perceived his educational environment to be hostile and abusive.”

The report notes that the school district did take corrective action.

“It had good policies in place,” the report reads. “However, it did not do enough in this instance.”

“The question is, how far is far enough,” Perzanoski said. “I don’t know the answer to the question. They (the investigators) don’t say what the bar is.”

jswinconeck@timesrecord.com