Brandeis Center Legal Advisory Board Member Garners Major Title VI Victory

Civil Rights Attorney, Joel H. Siegal, a member of the Louis D. Brandeis Center’s Legal Advisory Board, reports a major Title Six victory brought on behalf of a 14 year old African-American student against St. Charles Borromeo School, a private elementary school operated by the Archdiocese of San Francisco.

In the case, Mugisha M. v. St. Charles Borromeo School and the Archdiocese of San Francisco (San Francisco Superior CGC-11-516-819), Joel H. Siegal and his law partner Richard L. Richardson who represented the student, presented facts that between the third and sixth grade, Mugisha was subjected to vile and offensive racial bullying, name calling, and taunting by several classmates.  The school is located in the Mission District of San Francisco, and Mugisha was just one of three black students at the school.  The evidence established that during the three years, Mugisha’s mother made numerous complaints to the school administrators and officials, yet no effective plan to have the racial bullying cease was ever put into play.  The bullying and taunting amplified to the place in the sixth grade, when several students participated in cutting a part of Mugisha’s dreadlocks, and then throwing him in a recycling bin.

Brandeis Center Legal Advisor, attorney Joel H. Siegal, filed a complaint in California State Superior Court alleging several common law causes of action as well as causes of action under Federal Civil Rights Statutes.  Plaintiffs alleged that despite the fact that the school and Archdiocese are private religious institutions, Federal Title Six Jurisdiction existed in that the Archdiocese accepted federal funds to supplement the school lunch program.

The Plaintiff’s counsel had assembled a “dream team” of experts ready to testify on behalf of Plaintiff.  Aside from Dr. George Woods, M.D., a nationally known psychiatrist who writes about the long term effects of bullying, Plaintiff also was prepared to call Ron and Reginald Richardson, two award-winning Bay Area principals who would testify as to the Bay Area standard on reacting to bullying.  However, especially significant, Plaintiff had designated the Louis D. Brandeis Center President Kenneth L. Marcus to testify.  As a former staff director of the United States Commission on Civil Rights, delegated to the authority of Assistant Secretary of Education for Civil Rights and delegated to the authority of Housing and Urban Development for Fair Housing and Equal Opportunity, Ken stood ready to testify on the effects of discrimination and racism in such a vital area such as education.

The case settled for a significant confidential amount following a nine-hour mediation.

For further information, feel free to contact Brandeis Center Legal Advisor Joel H. Siegal at joelsiegal@litigateforjustice.com

Further information about the case was reported extensively in the African American media in the Bay Area.  See http://sfbayview.com/2014/systemic-racism-and-abuse-of-black-student-at-st-charles-borromeo-school-goes-to-trial/