Sep 19, 2024
A Jewish teacher who was targeted during a protest at a Queens high school over her support of Israel is suing New York City for failing to protect her and allowing antisemitism — despite advance notice of the demonstration. Karen Marder, who continues to teach at Hillcrest High School in Jamaica, said its former principal and the broader public school system violated her civil rights by permitting antisemitic harassment and created a hostile work environment. “Ms. Marder remains deeply committed to her students and the Hillcrest High School community, despite the distressing events that took place,” said attorney Michael Chessa. “While she continues to seek justice through her lawsuit, her primary focus is on fostering an inclusive environment and promoting open dialogue to counter misinformation and intolerance. She will not be deterred from her mission to serve and support the school.” The lawsuit, filed early last week in a Queens trial court, was first reported by the nonprofit education news source Chalkbeat on Wednesday night. It included new details of arguably the most high-profile conflict of last year, as the New York City public schools struggled to respond to tensions stemming from the Israel-Hamas war. Marder attended a pro-Israel rally two days after Hamas’ Oct. 7 attacks and later posted a photo of herself holding a sign saying “I stand with Israel” on Facebook, according to the lawsuit. More than a month later, the photo was being shared on social media by students, who were planning a protest for Nov. 20. The teacher in court documents said she notified the school administration, who informed her they would log the threats she received. A day later, she emailed then-Principal Scott Milzcewski and others expressing concern for her safety but received no response. The day of the protest, Marder met with Milzcewski — but said “no concrete measures” were taken to protect her. Milzcewski after the incident was reassigned to the Education Department’s central offices to manage teacher development and evaluation. “The DOE’s response was inadequate and focused more on addressing baseless allegations against Plaintiff rather than ensuring her safety,” reads the lawsuit, seeking monetary damages for her trauma. By third period, she was called into the assistant principal’s office, where anti-terrorism, NYPD and school safety personnel interviewed her, according to the lawsuit. As the school day continued, she watched on monitors as students began gathering outside her classroom. The complaint said she was “hastily locked in a room by school staff, allegedly for her protection,” as hundreds of the teens chanted for her termination. School property was destroyed, including at least a water fountain torn from the wall, according to videos reviewed by the Daily News. At the end of the school day, the NYPD escorted Marder to her car. Videos of the protest began to spread on social media that night, while students found her address and family members’ names, court documents show. The next day, Milzcewski advised Marder to take a sick day until she was placed on leave for a “line-of-duty injury.” “I had a choice to transfer to a different school,” Marder wrote in an USA Today op-ed in April. “Many of my students hugged me and apologized for what had occurred.” “I went back because I knew one thing: I HAD to talk with my students. I had to make them understand the context of my post and why it was posted when it was. I had to listen. I had to understand what messages they were absorbing and where they were coming from. I had to answer their questions, address their fears and confusions and simply be there.” Spokespeople for the Law and Education Departments did not immediately return a request for comment. Chancellor David Banks, a Hillcrest alum, has explained the students’ strong — but inappropriate — response to the suffering in Gaza that many of them are watching on social media. He said a “number” of the organizers were suspended. “I condemn clearly what happened at Hillcrest was a complete act of antisemitism,” Banks testified at a congressional hearing on antisemitism in public schools in May. “It will not stand on my watch.” Chessa, Marder’s attorney, has sued the Education Department before over a COVID-19 mask mandate at preschools and daycares, after the broader requirement was lifted in public schools.
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