Plaintiff seeks settlement in bullying case

Thomas Vandergrift, an openly gay man who’s suing the Pennsauken School District for allegedly subjecting his nephew to anti-LGBT bullying, is urging school-board members to engage in settlement talks.

 

On Sept. 25, Vandergrift sent a three-page letter to all nine school-board members, proposing they meet with him to discuss settling the case. 

Meanwhile, plans moved forward this week for the deposition of Vandergrift’s nephew, who is 14 and autistic.

“Our attorneys will videotape the deposition, so if there’s any badgering of my nephew, it will be duly recorded,” said Vandergrift, 38. “I’ll be there to keep it as appropriate as possible.”

He said his nephew has experienced significant stress due to the litigation, and has transferred to a private school.

In his lawsuit, Vandergrift also alleges that district officials wrongfully accused him of child molestation in 2011, in retaliation for advocating for a proper education for his nephew.

He’s seeking policy changes within the district and some type of financial remuneration. So far, his legal bills have totaled about $130,000, he said. 

“I want to make sure this anti-LGBT bullying stops happening to other kids, because I know it’s currently taking place,” Vandergrift said, adding, “Any settlement must also have a clear acknowledgement by the district that I was wrongfully accused of inappropriately touching a child.” 

School-board members didn’t reply to an email seeking comment about Vandergrift’s proposal to engage in settlement talks. 

Interim Superintendent Dr. James Chapman had no comment for this story. 

If the case isn’t settled, a jury trial is expected early next year, Vandergrift said. Meanwhile, the case remains in the discovery phase of litigation. 

On Aug. 19, Vandergrift said, he was threatened with violence by a school-district official during a break in a deposition at the U.S. Court House in Camden.

“A district official picked up a chair and threw it at me,” Vandergrift said. “I consider that to be an act of violence.” 

Vandergrift said a settlement of the case could have an added benefit of preventing additional violence and potential litigation.

“I’m trying to reason with the school board that further entanglement could be avoided if we settle. The ball is in their court, as to how long they want to continue this legal entanglement.”

On Sept. 28, PGN filed an open-records request for the amount of legal expenses incurred by the school district in response to Vandergrift’s lawsuit. As of press time, the district hadn’t responded to the request.

Vandergrift’s lawsuit, which was filed in 2012, remains pending before U.S. Magistrate Judge Joel Schneider. 

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Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, the Keystone Press and the Pennsylvania Press Club.