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Parents Sue School Over Teacher's Remarks
The State (SC) ^ | 11/18/02 | Chuck Crumbo

Posted on 11/18/2002 10:57:58 AM PST by marshmallow

AIKEN - Nick Hurshman looked forward to his 14th birthday party and a chance to see friends, most of whom he had known since kindergarten.

So Nick invited about a dozen of his buddies from St. Mary Help of Christians Catholic School.

Only three showed up. The others said their parents wouldn't let them come.

After the October party, Nick went home and cried.

That's the price Nick and his parents, Dennis and Regina Hurshman, say they have been paying since September when they sued St. Mary's and the Diocese of Charleston.

Their lawsuit alleges a white teacher singled out Nick, the son of a black woman and white man, during a class and said he is a "Negroid." The word is considered archaic and racially offensive, educators say.

The remark was humiliating, said Regina Hurshman, 40, a building contractor. "It hurt Nick so it hurt me."

The incident also has triggered a debate over who has the right to define a person's racial identity.

"They have stolen Nick's right to establish his own identity," said Dennis Hurshman, 53, an investigator and mediator of employee concerns at Westinghouse Savannah River Co.

The school and diocese have apologized for the remark.

In a letter to the Hurshmans, diocesan attorney Peter Shahid Jr. said the teacher "had misapplied the proper ethnic term to Nicholas without intended racial prejudice."

However, the Hurshmans have sued, saying their son has been harmed by the incident. They also charge the school and church retaliated against Nick after his parents asked the teacher be disciplined.

A GEOGRAPHY LESSON

The incident happened Aug. 27, 2000, about halfway through teacher Jean Cook's seventh-grade social studies class. The word "Negroid" came up during a lesson on the migration of people to North America.

In the 18th and 19th century, European anthropologists used "Negroid" as part of a system of human racial classification.

The term comes from the theory that races developed in certain regions of the world. That theory said "Caucasoids" were from Europeans, "Mongoloids" from Asia and "Negroids" from Africa, south of the Sahara Desert.

Some of Nick's classmates had never heard "Negroid" before and thought the teacher had used a racial epithet. They even apologized to Nick, the lawsuit said.

Stephen Criswell, a Benedict College professor who studies racial language, laughed when he heard "Negroid" had been used in a classroom.

"I was shocked because it's such an archaic term," Criswell said. "But it isn't used just because the word isn't politically correct, it's also incorrect science."

DNA research now shows the origins of all races can be traced to Africa, educators said.

"Negroid" faded from most S.C. classrooms years ago, said Charles Kozacik, coordinator of the S.C. Geographic Alliance.

"It's not an alien term or something people wouldn't understand, but it may not be in favor to use it at this time," Kozacik said. "I doubt we've ever used that term."

The Hurshmans asked St. Mary's principal Keith Darr to discipline Cook, but he refused. Later, school officials said the incident was because of an outdated textbook that Cook used, the lawsuit said.

The school referred all questions about the incident to the diocese. The diocese declined to make either Darr or Cook available to comment.

After lodging their protests, the Hurshmans say they noticed Nick's grades starting to fall. By the end of the school year, Nick - previously an "A" and "B" student - dropped at least one grade level in all but two subjects.

Dennis Hurshman, who holds two master's degrees, said he became convinced the school was retaliating against Nick because of his parents' complaints when Nick brought home "F's" on homework that Hurshman had checked.

Charleston diocesan spokeswoman Maria Aselage denied that. "At no time did the teachers at St. Mary's grade down this or any other students' tests or assignments," Aselage said.

'I'M TAN'

Another question, the Hurshmans said, is just who can assign a racial identity to their son.

Nick said he usually checks "other" when filling out information about his race because he doesn't consider himself either black or white.

"I'm tan," he said.

While the percentage of people who are biracial or multiracial is relatively small - about 2.4 percent in the United States - they represent a growing segment of the population, said Susan Graham, director of Project Race, based in Tallahassee, Fla.

"This is a terrible problem," said Graham, whose son is biracial. "We shouldn't let this happen to any child."

People like Nick should be able to identify with one race or as many as they wish, Graham said.

For example, Oscar-winning actress Halle Berry, daughter of a black man and white woman, identifies as an African-American. Golfer Tiger Woods, son of a black man and Asian woman, calls himself "Cablinasian," a mix of white, black, Native American and Asian.

In Aiken's Catholic community, people offer mixed reactions.

Some disapprove of the lawsuit and the Hurshmans' actions. They give the school the benefit of the doubt and believe the church would not knowingly do anything wrong.

Others, like Shirley Paige, a parishioner at St. Gerard's Catholic Church, a historically black church, thinks it's racist to even suggest a child's race.

"His race shouldn't matter," said Paige, mother of two teenage daughters and graduate of Catholic schools.

Added fellow parishioner Emily Lemme, "He's a human being. His color is not important."

The Hurshmans had picked St. Mary's because they believed Nick could use the religious grounding.

"As a biracial child, he needs a good, moral foundation because he's going to face things most kids don't face," Dennis Hurshman said.

But by the end of last school year, the Hurshmans had decided to pull Nick out of St. Mary's. They enrolled him at Aiken Prep, where he started eighth grade in August.

"It felt like the longest year I've ever been through," Nick Hurshman said. "I was glad to be going to a new school, but sad that I wouldn't be seeing my friends."

Aselage said the diocese attempted in "good faith, in every way humanly possible, to listen, investigate and resolve this matter."

But April Sampson, the Hurshmans' attorney, said she called diocesan attorneys five times and sent four letters seeking to mediate the dispute, but never got a response.

Friends had discouraged the family from taking on the Catholic church "because it's so powerful," Regina Hurshman said.

"This is my kid, and I don't care who they are," she said. "I don't care if I lose every dime that I have fighting it."

For Dennis Hurshman, who was raised Catholic, the incident has become a crisis in faith.

"I knew since the day Nick was born that there was going to be some kind of racial incident," Dennis Hurshman said. "But I never expected it to occur in a Catholic classroom."


TOPICS: Culture/Society
KEYWORDS: allyourraces; arebelongtous; biracial
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To: marshmallow
The parents wanted the teacher fired. Nothing less than that would have been acceptable, and probably that wouldn't have been sufficient if the kid's self esteem remained depressed. . Definitely lose-lose for the school. Its now up to a below-average intelligence jury pool to sort this out.
21 posted on 11/18/2002 11:44:00 AM PST by Nonstatist
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"what did you call me????"

22 posted on 11/18/2002 11:46:39 AM PST by KneelBeforeZod
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To: marshmallow
It isn't difficult, is it? We (NC, that is) also had the kindergartener (boy) who was charged with sexual harrassment for kissing a little girl on the playground a while back. It's pitiful.
23 posted on 11/18/2002 11:48:39 AM PST by mommybain
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To: asformeandformyhouse
Our sons are "biracial", too. They're still very young, but even the soon-to-be-seven-year-old knows almost nothing about racial differences. Yet, if someone referred to them in terms of "race", I would just explain it to them. An in-law once gave great advice: He and his wife would tease their biracial children by calling them names in a joking but loving manner, so that, later, when children called them names, they just laughed. That's not something we would do, but parents allowing this incident to get them so upset just teaches the child to be oversensitive.
24 posted on 11/18/2002 11:49:53 AM PST by Tired of Taxes
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To: marshmallow
"I knew since the day Nick was born that there was going to be some kind of racial incident," Dennis Hurshman said. "But I never expected it to occur in a Catholic classroom."

It sounds to me like this father was bound and determined that somewhere, someone, at sometime was going to be a racist and spent 14 years waiting for the "incident" to happen. Almost like willing it into existance so he could point his finger and scream discrimination. Wonder what kind of $$ their asking for in their lawsuit....

25 posted on 11/18/2002 11:51:30 AM PST by NewHampshireDuo
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To: KneelBeforeZod
My buddy who was born in Korea was adopted by a "white" family. His mom was actually born in Germany. He is a captain in the Marines and an all round "American." He was at a local grocery store and got carded for the beer he was getting...he's 30. The Mexican checker said "wow! It must be all that rice you eat." Not as an insult or a joke. Just a moron who was legitimately amazed. My friend was able to see it for what it was, just some ig'nent clock puncher.

This is the same store that the NAACP started looking into last week when a black woman complained about something, asked for a manager and the clerk said something about blacks loud enough for the manager and the customer to hear. sounds like they have a lot of idiots working there.

26 posted on 11/18/2002 11:56:01 AM PST by KneelBeforeZod
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To: marshmallow
In the 18th and 19th century, European anthropologists used "Negroid" as part of a system of human racial classification.

They still do. I took a forensic anthropology course at Colorado State University in the mid 1990s. The textbook that was used for bone identification listed the three distinct types of skulls as "Negroid," "Mongoloid" and "Caucasoid."

27 posted on 11/18/2002 12:01:21 PM PST by Drew68
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To: marshmallow
If his friends since kindergarten didn't come to the party because of the use of that word, they must not have been very good friends. Also, since when do kids that age care what the teacher has to say?
28 posted on 11/18/2002 12:08:24 PM PST by Paul Atreides
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To: marshmallow
"Aselage said the diocese attempted in "good faith, in every way humanly possible, to listen, investigate and resolve this matter." But April Sampson, the Hurshmans' attorney, said she called diocesan attorneys five times and sent four letters seeking to mediate the dispute, but never got a response."

What was there to mediate? A teacher made an insensitive remark in good faith and intended no offense. The schoold investigated, probably told the teacher to be more careful in the future, and apologised. Case closed. There was nothing else to mediate by the school - the family just thought they were entitled to money for nothing. And if this caused the kid the problems the parents are alleging, then he's got a lot more probems than can be caused by an unfortunate remark by a teacher.

29 posted on 11/18/2002 12:14:10 PM PST by joebuck
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To: marshmallow
I'll bet the teacher who said this is getting used to the word *sshole".
30 posted on 11/18/2002 12:17:28 PM PST by pabianice
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To: Paul Atreides
I agree and at the age of 14 for him to go home crying must be a real mama`s boy.
31 posted on 11/18/2002 12:18:08 PM PST by goose1
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To: Paul Atreides
If his friends since kindergarten didn't come to the party because of the use of that word, they must not have been very good friends. Also, since when do kids that age care what the teacher has to say?

Is that why? Or because his parents had sued their school?

32 posted on 11/18/2002 12:19:07 PM PST by lepton
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To: Drew68
Mongolians everywhere are offended!
33 posted on 11/18/2002 12:19:32 PM PST by stainlessbanner
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Comment #34 Removed by Moderator

To: goose1
Also, I stopped having birthday parties a long time before I reached 14.
35 posted on 11/18/2002 12:19:44 PM PST by Paul Atreides
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To: marshmallow
Next time someone says bad things about the French, I am gonna sue.
36 posted on 11/18/2002 12:20:22 PM PST by cynicom
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To: sugarmice2112
The primary issue here is racial insensitivity and violation of civil rights,

I disagree. The primary issue is that mommy & daddy are suing because baby boy got his feelings hurt. If that's the worst thing that happens to him in his life, he's getting off pretty easy.

37 posted on 11/18/2002 12:26:56 PM PST by ZinGirl
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To: KneelBeforeZod
[Not as an insult or a joke. Just a moron who was legitimately amazed. My friend was able to see it for what it was, just some ig'nent clock puncher]

Why is he a moron? Well, the only reason I can see is that he didn't really think anyone would be silly enough to take it as any kind of an insult. When are we going to be able to laugh again in this country? There was time we could joke with each other about our differences and no one was hurt - it was just fun.

I heard one Asian woman on TV complaining because someone said she looked like a china doll. Well, she did - she was exquisitely beautiful - although extremely stupd.

38 posted on 11/18/2002 12:28:13 PM PST by nanny
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To: MHGinTN
If memory serves (and it fails occasionally as I'm a doltoid as I age), when two races (or in the case of other animals than humans) conceive an offspring, the offspring is often privy to the strongest genetic traits of both!

Well then, by your theory, young Nick should grow up to be a world-class architect/construction magnate with multiple PHD's who dabbles in forensic political science while being totally devoid of a sense of humor.

39 posted on 11/18/2002 12:29:49 PM PST by Old Professer
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To: cynicom
You're going to be mighty busy!

L

40 posted on 11/18/2002 12:29:55 PM PST by Lurker
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