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Lawsuit: Bergen Dad Says Daughter Was Cut From Volleyball Team Over Seizure Disorder, Bullied

A Bergen County K-8 district and its principal are facing a lawsuit saying they violated New Jersey's discrimination and any-bullying laws after a student was cut from the volleyball team because of her seizure disorder.

Norwood Public School

Norwood Public School

Photo Credit: Google Maps

Filed Oct. 1 in the county's Superior Court by Justin Puliatte, the suit says the Norwood Public School's volleyball team helped "E.P." feel better about herself in sixth and seventh grades, despite suffering from ADHD, epilepsy, OCD and social anxiety, NJ.com and NorthJersey.com report.

In September 2019, though, she was the only eighth grade student who tried out and was cut from the team, Puliatte the suit says. The Norwood principal apparently advised the volleyball coach to cut E.P. because her epilepsy would require a nurse's presence at every practice and game, the lawsuit says.

E.P. -- a special education student -- was invited back onto the team after a phone call with school officials, but it wasn't long before bullying from other players began, the suit says.

Players told E.P. the only reason why she was back on the team was because her dad had complained to the school, making her feel uncomfortable and causing "mental anguish" for the duration of the season, court papers say.

"I am aware that a complaint was filed, which has been forwarded to the Board’s counsel, who will be answering the complaint on behalf of the Board," Norwood Schools Superintendent Lisa Gross told Daily Voice. "As this is a litigation matter, I shall not make any further public comment."

The suit also mentions a sixth grade overnight trip to Sussex County, in which E.P.'s case manager suggested she stay at a nearby hotel with her dad instead of in the bunker house with her peers, NorthJersey.com reports. She went to the bunker house while her peers unpacked, where she was yelled at and told to get out by school principal Vito DeLaura, the outlet said citing the lawsuit.

The incident caused E.P. to cry hysterically and disturbed other chaperones, the suit says.

Puliatte is seeking compensatory and punitive damages for emotional distress, and costs associated with an attorney and court.

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