NJ Teacher Accused Of Removing Student's Hijab Won't Be Charged, Says Essex Co. Prosecutor

MAPLEWOOD, NJ — A Maplewood second grade teacher accused of "forcibly" removing a student's hijab during the school day by an Olympic athlete will not face charges.

The Essex County Prosecutor's Office(ECPO) said Wednesday they did not find enough evidence to move forward with criminal charges in the Oct. 6, 2021 incident.

However, a lawyer for the student's family announced that they have filed a lawsuit against the teacher and the South Orange-Maplewood schools.

"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. For those reasons, we will not move forward with this case," according to ECPO.

The Prosecutor’s Office had taken over the investigation from local police and school officials in late October because they're responsible for investigating bias crimes, they said.

The district and the teacher also received threats when the incident became public, town officials noted.

The matter first became public on Oct. 7, 2021, when Olympic fencer and Maplewood native Ibtihaj Muhammad posted an accusation on Facebook and Instagram that a second-grade teacher at a public Maplewood elementary school had "forcibly" removed a student's hijab in class the previous day.

Muhammad posted the teacher's name and included a photo of her in an Instagram post that received more than 69,000 "likes."

Days later, an attorney for teacher Tamar Herman responded with her side of the story. READ MORE: Maplewood Teacher's Attorney: Teacher Did Not Remove Hijab

Herman, who has been a teacher for 30 years, was placed on leave while prosecutors investigated the matter.

She had said in statements that she did not remove the student's hijab, but lightly touched a hoodie so she could see the girl's face.

But the family of the second-grade girl has disputed that, saying the girl was clearly wearing a hijab — religious garb worn by Muslim women and girls.

The family's attorney also said that at least one other student confirmed the girl's account of forcible removal.

Lawsuit Against District And Teacher

Meanwhile, the office of Robert Tarver, the attorney for the girl's family, has filed a lawsuit in the case.

The suit, filed against both Herman and the South Orange-Maplewood School District, states that on the day of the hijab incident, the same teacher was accused of "forcibly snatch[ing]" and throwing away an African-American student's water bottle for no reason, about which the parents of that girl complained to the principal.

The suit also said Herman could be seen crying in class at times, and that she had shared with students that one of her parents was sick and dying. The suit says that such a topic is "inappropriate" for second graders.

A district spokesperson said, when asked about the suit, that the district could not comment on pending litigation.

She also said that Herman is still on administrative leave.

When asked if the district would investigate further now that the prosecutor's probe has ended, the spokesperson declined to comment. But the district issued this statement:

"The district thanks the Essex County Prosecutor’s Office for their time, effort, and thorough review in regards to this investigation. As a district, we are not privy to the details of their investigation, but we trust and respect their decision. While the Essex County Prosecutor's Office has wrapped up and shared the results of their investigation, 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. In addition, we remain committed to restorative practices to help our students, staff and families process any social-emotional harms they are faced with at a school or community level."

"I pray we can move forward as one community," wrote Herman in a letter published on Patch last year. "Let us find a place where all of us can be our best selves and make a better kinder world."

Past Coverage

• Maplewood Hijab Investigation Turned Over To Police
• Maplewood Schools Probe Whether Teacher Removed Student's Hijab
• Attorney: Teacher Did Not Remove Student's Hijab

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