Consensual oral sex video leads to NJ student's expulsion, lawsuit says


Consensual oral sex video leads to NJ student's expulsion, lawsuit says
  1. Consensual oral sex video leads to NJ student's expulsion, lawsuit says
    nj1015.com
    The lawsuit, filed in federal district in New Jersey this month, says Blair Academy discriminated against the student because he is both black and a male. Continue…
    New Jersey (NJ)
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BLAIRSTOWN — A mother is claiming that a prestigious boarding high school expelled her teenage son over a video he took of a sexual encounter with his girlfriend — even though both the video and the sex were consensual.

The lawsuit, filed in federal district in New Jersey this month, says Blair Academy discriminated against the student because he is both black and a male. The girl, who is white, was not punished.

It is the latest in a number of lawsuits in New Jersey and the country in which male students claim discrimination or a violation of due process by school officials who investigated allegations of sexual misconduct.

The complaint says that in January 2016, the 16-year-old boy and his girlfriend held a tryst under a staircase of the school. The girl performed oral sex on the boy as he recorded for 15 to 20 seconds.

Both of them later allowed friends to view the clips before deleting them, the lawsuit says.

The lawsuit says months later, the school investigated the incident and suspended the high-achieving student athlete before expelling the sophomore.

School officials told the boy’s mother that the problem was not the sex, but the video, the lawsuit says.

When the mother asked why the girl was not being punished for sharing the video, the lawsuit says Associate Head of School Ryan Pagotto told the mother that the boy’s and girl’s “intentions” were not the same because she was “the victim” and “was using her friends to console her when she showed them the video, whereas John Doe showed the video to his friends to brag and boast.”

The lawsuit says the girl texted the boy and met him hours after school administrators first questioned them about the video. During that encounter, she “expressed her disbelief that John Doe was being treated so harshly by the school and said that she was sorry he was being treated that way,” the lawsuit says. “Jane Doe also wanted John Doe to know that she wasn’t the one that reported the incident to the school administration.”

The boy was never accused of sexual assault or a crime, his attorney, Normal Siegel, of New York firm Siegel Teitelbaum & Evans, said Friday.

The boy and his mother are identified in the lawsuit only as John Doe and Mother Doe.

New Jersey 101.5 could not reach out to the girl’s parents because she only is identified as Jane Doe in the complaint.

School officials on Friday declined to comment because it involved a legal and private student matter.

Last year, an expelled male student sued Rider University claiming that he was kicked out as a result of sexual assault allegations that never led to criminal charges.

Samantha Harris, director of policy research for the Foundation for Individual Rights in Education, at the time told New Jersey 101.5 tha…

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