Binghamton High School student says staff assaulted him, used racial slur

A 17-year-old Binghamton High School student says he was assaulted and called the N-word by school staff members during a confrontation earlier this month — an altercation captured on video.

Meanwhile, the Binghamton City School District is deciding whether the student, who has already been suspended, will face further disciplinary action for several charges against him stemming from the Sept. 11 incident. The ruling is expected Monday. 

Joshua Cyle, who is black, said three white Binghamton High School staff members pushed him, slammed him to the pavement, and pushed his face into the ground after a confrontation that began off school grounds after he used the wrong doors to leave the building. 

Two fellow students, including his girlfriend, heard a staff member call him the N-word.

"I was just trying to leave," Cyle said. "One had his knee in my back, pushing me into the pavement. I couldn't breathe. My glasses were knocked off into the street.

"While on the ground, I kept trying to tell them that I'm calm and couldn't breathe," he said.

Cristina Kunzman, the district's communications coordinator, said an investigation is ongoing and would not comment further, including on potential disciplinary measures involving either students or staff. She would not disclose the titles of the staff members involved or their current employment status.

"The Binghamton City School District is committed to maintaining a safe learning environment for all of our students," Kunzman in a statement from the district.

"The matter in question is being thoroughly reviewed by district officials, and if disciplinary measures are deemed appropriate, actions will be taken according to district policies and procedures," she said.

In a written notification ordering the hearing, the school accused Cyle of making threats against school personnel, insubordination, physical contact and emotional outbursts. 

Cyle's family has secured an attorney, Susan Young, via Legal Services of Central New York, and said they are considering pressing charges. The school's attorney is Nathan D. Vanwhy, with Coughlin & Gerhart LLP. Neither attorney was able to provide updates on the status of the hearing Wednesday afternoon.  

Student describes altercation

Cyle said the incident began just before noon Sept. 11, when he tried to leave school after fifth period and was confronted by Principal Kevin Richman. He attends school on a pre-arranged partial-day schedule, because most of his graduation requirements are satisfied, he said.

“My last class is gym, and after that, it’s right on my schedule that I’m allowed to leave,” Cyle said. "I began to exit the doors I've gone out for years. The principal was behind me and said I wasn't allowed to go. I told him it was on my schedule."

Cyle said Richman followed him as he exited the doors, and he told the principal he did not want to miss his bus.  

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"He told me I was suspended for five days because I went out the wrong doors," Cyle said. "He followed me out, and I did miss the bus."

At that point, Cyle said, he cursed at the principal. 

"I'm not going to lie, I did say something inappropriate to him because I had missed the bus," he recounted. "I shouldn't have said what I said, but it doesn't warrant what happened to me after."

Both Cyle and his girlfriend, Jessica Drury, 16, a Binghamton High School senior, said that the day following this incident, Richman held an assembly notifying students that those doors were no longer a permitted exit. 

As he made his way off school grounds and across Main Street, Cyle said, he was followed by four Binghamton High School employees.

He said three of the four employees who accosted him were all 6 feet tall or more. Cyle is 5-foot-5 and weighs 130 pounds. 

"I told them not to touch him," said Drury, who observed the incident. "He had not been physical; we were off of the property." 

One employee referred to him by using the N-word. 

Both Drury and another student, Melinda Rodriguez, 15, a sophomore, confirmed they heard the word used. It was not captured on video.

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"I went outside for lunch, and as I was walking, I just heard a bunch of yelling," Rodriguez said. "So I ran to see what was going on, and that's when they were all telling him to cross the street, and they started pushing him. Once they started pushing him, he was telling them not to touch him, and they kept doing it.

"They all ganged up on him and slammed him," she added. "He kept saying, 'Get off of me.'"

Cyle said he was pushed against a street sign and kicked one of the employees instinctively.

"I didn't mean to do that; it was like a reflex to the jar into the sign," he said. "I followed their orders when I realized they were not interested in de-escalating the situation. I knew it was about to get worse."

A video captured by a bystander shows Cyle being brought to the ground. After a period on the pavement, he is pulled up swiftly, and pushed into a corner. 

Drury said school officials have asked not only her, but other students, to remove the video from social media.

Binghamton police responded to the incident, but no charges were filed. 

What comes next

Cyle said he is an A student, a varsity wrestler and has never been in trouble before. He said he's applied to and is interested in various colleges to further his education.

"Josh is a good kid," said his mother, Jessica Resto. "He's never been in trouble before. He does what he is supposed to do, and now they've done this, and they're going to try to manipulate us and try to sweep it under the rug. Not going to happen. He gets good grades and works hard, is a wrestler. He just didn't deserve this."

Cyle said, "I'm just trying to graduate." He added that "now they've suspended me for five days, school employees have come to my house multiple times, their statements continue to change on what events took place, and now they want to expel me." 

He said he doesn't believe he was targeted due to his race, but that the epithets used by staff are discriminatory and hurtful. 

In 2016, the most recent data available, 26 percent of the BHS population was black. Six percent of those students were seniors.

"They sent someone again to my house," Cyle said. "I'm so stressed, I'm having night terrors. A lot is happening."

During his interview with the Press & Sun-Bulletin/pressconnects.com, Cyle was visibly shaking and sweating.

He has not returned to school, but said he is completing school work at home.

"I'm so nervous," he said. "I've been a good student, and now because of one thing, I feel like my life will never be the same."    

Follow Ashley Biviano on Twitter at @ashley_biviano. Support our journalism and become a digital subscriber today. Click here for our special offers.