Morris County man sues Passaic County Community College over removal from Zoom class for Trump flag
MORRISTOWN, N.J. (Morris County) — A Lake Hiawatha man has filed a lawsuit against Passaic County Community College and two of its employees, alleging his constitutional rights were violated after he was removed from a Zoom class in 2021 for refusing to take down a “Trump 2020” flag displayed in the background of his home.
Justin Caiazzo filed the complaint Sept. 23 in Superior Court in Morris County against Passaic County Community College, professor Gladys Harris, Dean Peter Hynes and unnamed defendants.
According to the complaint, Caiazzo enrolled at the college beginning in summer 2018 and was taking Business Statistics, or BU-206, during the summer 2021 semester. The college offered courses remotely through platforms including Zoom and instructed students to attend from their homes or other private locations.
The lawsuit alleges that during a scheduled Zoom class in July 2021, Caiazzo appeared on camera with a “Trump 2020” flag displayed in the background of his room.
According to the complaint, Caiazzo did not verbally express his political views, and the flag was not directed at anyone or intended to threaten anyone or physically disrupt the class.
The lawsuit alleges Harris stopped the class, objected to the flag and ordered Caiazzo to take it down. When Caiazzo asked why he had to remove it, Harris allegedly told him it was “offensive.”
The complaint further alleges Harris called Caiazzo a “racist” in front of the class and threatened to remove him if he did not take down the flag. Caiazzo refused to remove it.
According to the lawsuit, Harris then ejected Caiazzo from the online Zoom class and refused to allow him to rejoin.
Caiazzo alleges he had not previously been told that displaying political material in the background of his room during a Zoom class could result in discipline or removal from class.
The lawsuit alleges that when Caiazzo attended the next scheduled class July 13, 2021, Harris allowed other students to speak over him when he raised his hand and did not provide him a fair opportunity to participate. According to the complaint, Caiazzo later asked Harris for extra help and to discuss the incident, and she responded, “go on tutor.com.”
Caiazzo alleges he subsequently contacted Hynes and other college officials seeking relief. According to the complaint, the college reviewed the matter but ultimately sided with Harris and did not transfer Caiazzo to another class or allow him to receive administrative leave or a “no credit” designation.
The lawsuit alleges the college instead told Caiazzo he had to remain in the class or receive an F on his record. Caiazzo ultimately withdrew from the class at his own expense, according to the complaint.
Caiazzo alleges he later transferred to another school and remains behind in completing classes because of the defendants’ conduct. The complaint also alleges Passaic County Community College has refused to accept credit for a Business Statistics course he completed at William Paterson and has refused to award him an associate degree despite his completion of required coursework.
The lawsuit contains five counts, alleging free speech and viewpoint discrimination under the New Jersey Civil Rights Act; retaliation for protected speech under the New Jersey Civil Rights Act; First Amendment free speech, viewpoint discrimination and retaliation claims under federal law; procedural due process violations; and negligence.
Caiazzo is seeking compensatory damages, declaratory and injunctive relief, attorney’s fees and costs, pre- and post-judgment interest and other relief deemed appropriate by the court. He has also demanded a jury trial.
RNJ has reached out to Passaic County Community College for comment on the lawsuit and will update this story if a response is received.
