ELIKOFE COHEN.PA A Labor and Employment Law Firm for more than 40 years eth Woman’ feces! 100 Bex Gat Die nn Suite 502 Siphon Pan” Jime 22, 2017 Mount Laure Now Jers ososasins UPS OVERNIGHT DELT ry 856-778-6055 Joats. setkog VIA UPS OVERNIGHT DELIVERY. (1940 = 3014) Toms River Board of Education 856-778-6056 : Attention: William J. Doering, Business Administrator sallieffcchenipertcon net montero 1144 Hooper Avenue ‘members DC bar Toms River, New Jersey 080753 member PA br Re: — Sexual Harassment Complaint of Employee Against Superintendent of Schools David M. Healy Dear Mr. Doering: Please be advised that this law firm represents the New Jersey Education Association (NJEA} and ts locel affiliates, including the Toms River Education Association (TRA). TREA hhas asked thet I provide legel assistance to (RMRMMEN IEEE who is employed by the Toms River ‘Board of Education (TRBOE) as a guidance counselor, in filing a sexual harassment complaint (Complaint) against Superintendent of Schools David M. Healy. To be clear, I am filing Ms. HEERREEE Complaint directly with the TRBOE through you, and request that you immediately ‘provide each and every member of the TRBOE with e copy of this Complaint. [EEREERIG bases her Complaint upon the following: ‘May 31, 2016 was Senior Awards Night. SERBERERM was the scholarship coordinator and master of ceremonies for the evening event. At the conclusion of the event, ImRmaNEmRes exited the stage after putting the remaining paperwork away and engaging in some clean-up. Superintendent Healy, Assistant Superintendent John H. Coleman, Assistant Superintendent ‘Mare A. Natanagara and Principal Patrick A. Thomas were gathered inacircle, speaking, While complimenting on her performance, Superintendent Healy digressed into a discussion of physical appearance. He stated that he spent the evening being “distracted by [her] calves.” He asked her if she works out and how often, and the type of workouts she does, commenting on the shape she is in. He commented upon another TRBOE employee, Mrs. DeMaio, asking MRRMMMMMME if she had ever met her and that these two employees should have a contest for the best legs, Superintendent Hesly’s inappropriate, sex- based comments made GRMBIBEIRE and the other administrators extremely uncomfortable. On October 18, 2016, EGER busband and daughter came to pick her up in his EGER superintendent Healy was in the process of exiting High Schoo! East as SEBBBREER was approaching the truck. He stated ‘o MRD ther husband should get ‘out end help her get into the truck, “but that I guess you don’t need help,” an obvious reference ‘to her legs.ELIKOFF COHEN .PA 4 Labor and Employment Law Firm for nore than 49 years ‘Toms River Board of Education Attention: William J. Doering, Business Administrator Jane 22; 2017 : Page 2 January 17, 2017 was 8% Grade Parent's Night, Superintendeat Healy walked into the student center while [ERIBRREGIEEwas standing with the other counselors. She said hello to him as she did with the other assistant superintendents and dignitaries. Superintendent Healy said hello to SRAIBSRIHE] shock her hend, and then commented “T see that you are still runing.” ‘Thereafter, the group of counsclors commented that it was odd that Superintendent Healy rememnbereSRMIBE, os they did not feel that they would be recognized by him, ‘May 31, 2017 was this year’s Senior Awards Night, RIREIRMaRA remained on stage for afew mimutes to clean up with Principal Thomas and avoid contact with Superintendent Healy. To ker surprise, Superintendent Healy came on stage and proceeded to compliment them on a wonderful evening. Principal Thomas and SRGMMMEGES thanked Superintendent Healy for coming, and the three engaged in discussion of the event. Once again, Superintendent Healy digressed into an inappropriate, sex-based discussion about SSRI Te paused and said that ‘the evening was wonderful but that “(@ERRIM) had forgotten one award: an award for the best legs.” He then went on about Mrs, De'wixio's legs and that she was a bodybuilder, Gnce again, he asked GREEN about her’ workouts, Although EgSBSII was extremely ‘uncomfortable, she furabled in her words in describing her workout regimen. Principal Thomas appeared to DMMB ts bo very uncomorabe as he ted to deflect the import of Superintendent Healy’s comments by commenting that the guidance department as whole was using their fitbits for team building. Superintendent Healy, unswayed by Principal Thomas's attempt at deflection, remarked “No, it must be genetics.” There was an awkward sileace and half-hearted chuckle; Inn attempt to cut off arly further comments by Superintendent Healy and endher discomfort, SESURRIENE terrupted him, thanked him for coming and wished him a good night... After Superintendent Healy left the stage, there was an avikward'silence between Principal Thomas and Ss (ERIE is willing and able to provide further detail with regard to the above; however, needless to say, the purpose of this letter is to apprise the TRBOE of her hostile environment sexual harassment Complaint. Superintendent Healy's inappropriate, sex-based comments to SEEEEEEBhave had profound effect upon her and her family. She has been victimized by these comments toa great extent, as these comments would deeply and adversely affect any reasonable woman:’ Hlte, in own words, is a chilling description of the devastating impact that Superintendent Healy’s comments have had upon her: . : On the evening of May 31, 2017,°1 found myself changing multiple times in preparation for the evening, asking my hnsbanid for approval of the length of my skirt and the appropriateness of my attire ~ things I would not have done before. I wanted to avoid this happening - somehow’ blaming myself for hisELIKOFF COHEN, PA 4 Labor and Employment Law Firm for more than 40 years Toms River Board of Education Attentic June 22, 2017 Page 3 : William J, Doering, Business Administrator comments, I even remained on stage following the event only for ‘him to come on stage to speak to me (and Mr. Thomas). Tleftthe stage with my whole body feeling cold and a terrible feeling inthe pitofmy stomach. Tcould not enjoy the celebration that followed ‘decause I was so shaken up. Icould barely breath. Although his first comment had made me uncomfortable a yéat ago, [wanted to give him the benefit of the doubt that he was just one of those fitness individuals, always locking to discuss a good workout. But even then J knew it wasn’t right or appropriate. Ihad been ‘trained ~ we [referring to her co-workers and herself] all had been ‘trained on affirmative action and sexual harassment. ‘The comments have contiqued over the past year and have gotten worse. They oceur when Iam alone but they also occus in front cfmen only; people whom I respect and hold regard for- those in upper mamgément in my school district. He givesme accolades ‘that would be so honorable to receive from your Superintendent and then immediately speaks about my body - its belitling and rakes me fel infeior and objectified. At themoment! fee ike ‘Tm naked and exposed. He embamrassed'me in frost of my principel - someon whom L have a great working relationship, with and hold in the highest regard of professionalism. I-came into work the next day so ‘embarrassed. I went to see-my principal, Mr. Thomas. T explained to him thé reason { came to see him. Mr, Thomas suggested that a building representative join us end assist me. Mr. William Dishon joined the meeting as my building representative, and-the meeting continued. I felt-the need to apologize to Mr, Thomas even though couldn't figure out why. Instead of feeling a sense.of accomplishment about the Senior Awards event that culminated all my hard work for the year, felt embarrassed and angry at myself for letting him speakto me like that, [ cried to Mr: Thomas that [felt was stronger than that, I aman educated woman witha master’s degree in counseling and, instead, I feel like two pennies: I (told Mr. Thomus that I] felt like Tad no choice but tortake itas reporting this is » huge deal, {feel inferiot to-his position - literally and I feel like I’m unable to speak up because of who he is,ELIKOFF COHEN, PA 4 Later and Employment Law Firm for mare than 40 years Toms River Board of Education : Attention: William J. Doering, Business Administrator June 22, 2017 Page 4 After the meeting with Principal Thomas, Building Representative Dishon contacted TREA President Kathy Egan to arrange for EBBREEEMEt mect with her the next day, Ms. HEBBHB formed TREA President Eganof the basis for her sexual harassment complaint ayainst ‘Superintendent Healy, even though doing’so made her feel worse and ashamed, In tum, President Egan contacted the undersigned to assist RINE BRIRSRIAERE described the physical toll and mental anguish caused by Superintendent Healy with these words: As a mother of two little girls this entire situation tears at my soul, Ifthis happened to them I would take.no stops at making it right and yet for myself I fear stepping forward, ‘Although everyone bas been nothing but accommodating, Ihave come to ‘work since May 31* feeling uncomfortable and with shame, Iam. overly concerned with my dress. am having issues sleeping and frequent headaches, Today I noticed a cold sore - my body is feeling the stress. A plave that nas felt like a second home since I began, 9 yoars ago feels more. like-a place of ‘stress and discomfort. 1 feel like I want to hide and I camnot wait for the school yearto end. I want the comments from Mr, Healy to stop and I want to be treated and respected like the professional I axa, Ewantto come toworkand be valued for my performance, not for amy physique, I want to find peace-and balance yet again, ‘That REBBRAREBB hes been exposed to a hostile environment on the basis of her sex Gannotseriously bedisputed. Clearly, the complained of conduct of Siperintendent Healy vould not have oceurred butt for gender; and it was severe or pervasive enough to make MERE reasonable woman, believe that the conditions of her employment have been altered and the working eavironment has become hostile or abusive, The TRBOE is well aware that the New Jetsey Law Against Discrimination (LAD), N.IS.A, 10:5-1 ef seg. prohibits unlawful employment practices and unlawful discrimination based on, among other categories, “the sex” of an employee. NJS.A. 10:5-12(a).- The LAD is remnedial legislation designed “to root out the cancer of discrimination.” Gicchett! v. Morris Cty, Sheriff's Office, 194 N.J. 563, 588 (2008). It prohibits sexual harassment that is sufficiently severe-or pervasive to create hostile work exivironment. Cusler v. Dorn, 196 N.J. 419, 430 (2008) (citing Lehmann . Toys ‘R’ Us, Inc., 132 NJ, 587, 603-04 (3993). When an employer knows of harassment, the employer may be negligent in failing to tke “effective méasures to stop it,” beceuse “by failing to take action, [the employer] sends the harassed employee the message that the harassment is acceptable and that the management supports the harasser.” Jd. at 625 (citations omitted).ELIKOFF COHEN, PA A Labor and Employment Leow Firm for mare tha 40 years Toms River Board of Education Attention: William J: Doering, Business Administrator ~ June 22, 2017 : : Page S Inaddition to putting the TRBOE on notice of ERE Complaint, please consider thisletteras TREA’s notice to the TRBOE thet the District's sexual harassment policies, #43362 and 4342 (the Policies), are woefully deficient. See Gaines v, Bellino, 173 N.J. 301,313 (2002), in which the New Jersey Supreme Court outlined the requisites of an effective anti-harassment policy in the workplace: ‘The factors include [] the existence of: (1) formal policies prohibiting harassment in the workplace; (2) complaixit structures for employees" use, both formal and informal in nature; (3) anti- harassment training, which must be mandatory for supervisors and managers, and must be available to all employees of the organization; (4) the existence of effective sensing or monitoring mechanisms to check the trustworthiness of the policies and complaint structures; and (5) an unequivoce! commitment from the highest level s of the employer that harassment would not be tolerated,-and demonstration of that policy commitment by consistent practice, Ubid. (citing Lehmann, supra, 132 NJ. et622)) The fact is that the chief school administrator of the TRBOE made repeated, intentional sex-based statements to SEMEEREMEE] Moreover, several members of the TRBOE’s upper management witnessed Superintendent Healy’s statements to SEEEESEM but did nothing to stop him. See Cayuotiv. New Jersey Transit Corp., 161 N.J. 107 (1999) (employer liability for ‘upper mariagement's actual participation in or willful indifference to the wrongful conduct of member of upper management), This aside, fom eves cursory review of the Policies, the ‘TRBOE has manifestly failed to implement anti-harassment policies inthe District that meetthe requisites of Gaines v. Bellino, supra. Please advise the undersigned immediately vipon receipt of this Complaint of the steps the TRBOE intends to take to: (1) eliminate the hostile environment based upon sex that Ms, HEEREEendured ftom May 31,2016 to the present date; (2) to cure the deficiencies in the Policies, and (3) to ‘prevent further legal exposure. The TRBOB is hereby put on notice that prompt and effective remedial action is expected. Please notify the undersigned of the steps the ‘TRBOE intends.to take in response to this notification by no later than the close of business on Friday, July 7, 2017. Should the TRBOE fail to respond to the undersigned by that date, [have ‘been authorized by the NIEA and TREA to immediately institute suit in the Superior Cow of ‘New Jersey seeking's judicial otder and other remedial ielief. Please be guided accordingly,ELIKOEE COHEN PA 4 Labor and Employment Law Firm for inore shan 40.years Toms River Board of Education | Attention: William J. Doering, Business Administfitor June 22, 2017 Page 6 : : ‘Very truly yours, SELIKOFF & COHEN, P.4. B a . Chon STEVEN R. COHEN Scohen@selikoffeahen.com SRCmlj & SEES vic email and first class mail) Kathy Egon, President, TREA (via ernail only) ‘Mary Novotny, NIEA UniSery Representative, Region #7 (via email only)