Theresa Mullen and Scott Phillips are seeking a court order requiring St. Theresa School to re-accept their daughters.
NEWARK -- The fate of two Catholic grade school students who were denied admission for the 2017-18 school year after their family successfully sued to let one of the girls play on the boys basketball team now rests with a judge.
Closing arguments in the civil trial pitting the family of 13-year-old Sydney Phillips and 11-year-old Kaitlyn Phillips against St. Theresa School in Kenilworth and the Archdiocese of Newark were held Tuesday.
An attorney for the Phillips family argued the re-enrollment rejection was an act of retribution for the negative publicity the archdiocese endured from the basketball lawsuit.
The archdiocese, however, cast the Phillips' parents as bullies and a disruption to the school's community. As a private school, the archdiocese contends it has every right to deny entry to the students.
"This case is first and foremost about the absolute First Amendment right of a Catholic institution to make ecclesiastical decisions about who attends its schools," said attorney Christopher Westrick, who is representing the archdiocese.
Susan McCrea, the lawyer for the Phillips family, accused the school of caring more about preventing negative publicity than about protecting students. Also part of the family's lawsuit are allegations that the archdiocese mishandled complaints that students and parents harassed and bullied Sydney, and that the archdiocese didn't do enough to stop it.
"It's not protecting Sydney Phillips," McCrea said. "It's certainly not protecting her younger sister."
'I have been bullied,' nun says of parents fighting Catholic school expulsions
The trial concluded Tuesday evening after more than 12 hours of proceedings that day. Judge Donald A. Kessler is expected to issue his opinion next week on whether St. Theresa School should be forced to allow the girls to return to classes in the fall.
Kessler also presided over the Phillips' highly-publicized legal battle with the school and the archdiocese that ultimately led to Sydney Phillips being allowed to play for the boys basketball team. The school did not offer a girls team due to lack of interest.
During that dispute, Sydney and Kaitlyn were expelled, but the archbishop, Cardinal Joseph W. Tobin, directed his staff to allow the girls back to school.
In denying the girls' return for the 2017-18 school year, the archdiocese has contended their parents' behavior during the past two academic years was disruptive and that they bullied school staff.
Their mother testified Tuesday, however, that the first time Catholic school officials shared any concerns about her behavior while she complained about the alleged harassment was when they ruled her daughters could not return to school.
Theresa Mullen said she met repeatedly with school administrators and Archdiocese of Newark officials to express concern about alleged sexual harassment and bullying against Sydney, but none warned her that her actions threatened her girls' ability to keep attending St. Theresa School.
"In any of the conversations you had ... were you anything other than ladylike?" Susan McCrea, the lawyer representing the Phillips family, asked at trial.
"No," Mullen replied.
"Did anyone ever complain about your behavior to them?" McCrea asked.
Again, Mullen said they had not.
Mullen said she left that meeting unsatisfied that the archdiocese would not let Sydney play with the boys and could not show adequate progress in investigating the harassment.
"The last thing I said when I left that meeting was I didn't want to take this matter to court," Mullen said. "She (Dr. Margaret Dames, the superintendent of schools) said to me, 'Have your lawyer call our lawyer.'"
Marisa Iati may be reached at miati@njadvancemedia.com. Follow her on Twitter @Marisa_Iati or on Facebook here. Find NJ.com on Facebook.
Have a tip? Tell us. nj.com/tips