MAPLEWOOD, N.J. (WCBS 880) — A New Jersey teacher who was accused of forcibly removing a second-grader's hijab will not be criminally charged, the Essex County Prosecutor's Office said Wednesday.
"The Essex County Prosecutor’s Office has concluded that there is insufficient evidence to sustain a criminal prosecution in this case," Acting Prosecutor Theodore N. Stephens II said in a statement.
Stephens added that their findings came after a "full investigation" and "thorough review" of the alleged incident that happened at Seth Boyden Elementary School in Maplewood on Oct. 6, 2021, when a parent alleged her child's teacher removed her daughter's hijab in class.
Shortly after the incident, the girl's mother, Cassandra Wyatt, told WCBS 880’s Peter Haskel that her daughter had not returned to school since the incident and that "she's very, very sad."
An attorney representing the teacher, Samantha Harris, told WCBS 880 the alleged incident did not take place, refuting the fact that she wore a hijab on the day the incident occurred.
"On this particular day, the student was wearing a hood — what appeared to be a hooded sweatshirt with a hood — [and] it was partially covering her eyes," Harris said.
In accordance with school guidelines banning hoods from being worn in classes, Harris said the teacher "started to move the student's hood back a little bit, saw that the student did not have her hijab on underneath, and immediately replaced the hood."
Her attorney, who said the educator has been teaching for over 30 years and in the school district for almost two decades, added she has been subjected to threats.
"There are people online saying they want to come to her house and rip her clothes off and other horrible threats," she said.
Three months after the alleged incident, Stephens said their office has "concluded there is insufficient evidence to sustain a criminal prosecution in this case."
"While we understand that many may find the incident troubling, as prosecutors we have a legal and moral obligation to only bring charges in cases where we believe we can prove beyond a reasonable doubt that a crime has been committed," he added. "For those reasons, we will not move forward with this case."
Attorney Robert Tarver, who represents the girl and her family, told NJ.com he is prepared to file a lawsuit against the school district.
"I never anticipated that there would be a criminal prosecution in the case," he said.
The South Orange Maplewood School District thanked the prosecutor's office for the investigation, adding that they "trust and respect their decision."
“We remain committed to diversity, equity and inclusion throughout our schools including providing anti-bias and anti-racism training for all educators in the district on a regular basis,” a spokesperson said.
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