Assistant City Attorney Sondel Responds on Behalf of City Attorney Nickerson to "FOIL" Request for Records Related to NTHS Bomb Threats

The Standards: Freedom of Information Law ("FOIL") REQUEST FOR RECORDS.

The Truths: Although City of North Tonawanda City Attorney's Office has been prompt in its response to the "FOIL" Request for Records, by letter dated December 27, 2007, North Tonawanda Assistant City Attorney Robert Sondel responds to my correspondence dated 21 December 2007, to City Attorney Shawn Nickerson, regarding an apparent failure to comply with "FOIL" Request for Records:

"Dear Ms. Mangus:

In response to your letter dated 12/21/07, regarding the City's response to your FOIL request, please be advised that the information provided to you was the only information provided to this office from the North Tonawanda Police Department. Recordings of telephone conversations are kept by the City for 30 days only, so those are no longer in existence. Also, the NTPD states that there are no photos to correspond with your request, although we asked that they check again to be sure.

Lastly, the Manual for Standard Operating Procedures and Rules and Regulations for the North Tonawanda Police Department could be provided to you at a cost of $85.75 (343 pages at $.25 each).

We have not denied any part of your request, but have provided to you the information that is still available. Should you have any questions, please do not hesitate to contact this office.

Very truly yours,

Robert Sondel/a
Assistant City Attorney"

Chief Szukala, NTPD was copied on Assistant City Attorney Robert Sondel's correspondence.

Assistant City Attorney Sondel, conveys NTPD "states that there are no photos to correspond with your request,..." yet there is evidence that photographs were in fact taken of the crime scenes by North Tonawanda Police Detective Captain Hall and Detective Kalota on October 7, 2005 and by Lieutenant Mahoney on October 11, 2005. Therefore, consistent with "FOIL", the City must provide an explanation as to why the information is no longer available.

Evidence gathered at crime scenes can not simply be destroyed by the agency. If the photographs taken of the crime scenes by Detective Captain Hall and Detective Kalota on October 7, 2005 and, again in a separate bomb threat, on October 11, 2005 by Lieutenant Mahoney were in fact destroyed, the agency must state this in writing and include the date of and authority for such destruction.

Furthermore, Assistant City Attorney Sondel's correspondence fails to provide an explanation as to why "No Report [Was] Required" for an alleged bomb threat occurring at North Tonawanda High School on 12 October 2005.

The correspondence also fails to provide an explanation for the apparent over-charge by City of North Tonawanda Office of the City Attorney for the cost of copying records ($11.25/11 pages) and, Assistant City Attorney Sondel fails to provide the name, address and email address, of the person or body to whom an appeal can be directed.

The foregoing information has again been requested by letter dated 28 December 2007 to Assistant City Attorney Sondel; City Attorney Nickerson was copied.

North Tonawanda City Attorney Shawn Nickerson's Response to "FOIL" Request Fails to Comply With NYS Laws and Procedures

The Standards: An agency is required by law to notify the requester in writing when, among other matters, any part of the "FOIL" request will be denied. Furthermore, if any part of the request is denied, an agency is also required by law to notify the requester in writing the reasons for the denial and provide the name, address and email address of the person or body to whom an appeal should be directed. Additionally, an agency may charge up to twenty-five cents ($.25) per photocopy not in excess of nine by fourteen inches, or in the case of records that can not be photocopied, the actual cost of reproduction, unless otherwise prescribed by statute.

The Truths: On 17 December 2007, after a "No Reply" from North Tonawanda City Chief of Police Randy Szukala who defied NYS laws and procedures to "FOIL" Request for Records related to all bomb threats occurring at North Tonawanda High School, located at 405 Meadow Drive, North Tonawanda, New York for the 2005-2006 school year, I forwarded a similar "FOIL" Request for Records, via certified mail/return receipt requested, to North Tonawanda City Attorney Shawn Nickerson, and as suggested by him. I again requested agency records within the possession and control of the City of North Tonawanda Police Department and to include papers, reports/incident reports, letters, films, photographs, and sound recordings related to all bomb threats occurring at North Tonawanda High School during the 2005-2006 school year. I also (again) requested all documents that describe or reflect the procedures followed by investigating officers on this matter, as well as a record of calls made to Emergency 911 response system and, if the call was transferred to the Fire Department or the Emergency Medical Service, a record of those calls as well.

On 20 December 2007, I received from City Attorney Shawn Nickerson's office, two (2) North Tonawanda Police Department NYS Incident Reports, one (1) City of North Tonawanda Department of Police Crime Scene Log, and three (3) North Tonawanda Police Department Incident Maintenance Logs, totaling eleven (11) pages, plus an Invoice (No. 1160) in the amount of $11.25, evidently representing the cost of copying (over $1.00 per page). A written response to the "FOIL" request for records was not enclosed as required by "FOIL" law and procedure to provide an explanation as to why parts of the request were denied (among other matters, evidence of photographs of the crime scene exist, yet were not provided and without explanation; nor was the name, address and email address of the person or body to whom an appeal can be directed provided).

On 21 December 2007, via certified mail/return receipt requested, I again directed correspondence to City Attorney Shawn Nickerson, pointing out the failure to comply with Freedom of Information Laws and requested a written response, consistent to and within the time prescribed by law, to "FOIL" Request for Records relating to all bomb threats occurring at City of North Tonawanda School District, North Tonawanda High School, during the 2005-2006 school year.

"No Reply" from North Tonawanda Police Department Chief of Police Szukala to "FOIL" Request Related to Bomb Threats at NTHS 2005-2006 School Year

The Standards: The Freedom of Information Law ("FOIL") is a New York state law that establishes rights similar to the Freedom of Information-Privacy Acts ("FOIPA") enacted in 1966 to establish the publics' right to obtain information from federal government agencies. If you are requesting records from a federal government agency, you must file a request under the federal Freedom of Information-Privacy Acts ("FOIPA"). If you are requesting records from a state or local agency (i.e. your state or local police department), you must file a request under the Freedom of Information Law ("FOIL").

A "requester" can obtain "agency records", which has been broadly interpreted by the Courts to mean: all types of documentary information within the possession and control of the "agency", such as papers, reports, letters, films, photographs, and sound recordings; physical objects can not be recovered.

Although there are several exemptions under both the federal "FOIPA" law and New York state "FOIL" law, federal agencies are nevertheless required to respond within twenty (20) business days and state or local agencies are required to respond within five (5) business days after the receipt of the request to either make the requested records available to you, deny the request, or acknowledge the request and state an approximate date when your request will be granted or denied. An appeal can be filed with higher officials within the agency if the agency denies your request. The person or body to whom the appeal should be directed should be conveyed in the agency's response letter. If an appeal to a "higher official" is rejected, the requester can file suit in federal court for "FOIPA" requests and in state court for "FOIL" requests where the agency will bear the burden of justifying the denial of your request (www.dos.state.ny.us/foil2.html, www.nycosh.org and aclu.org).

The Truths: On December 6 2007, via Certified Mail/Return Receipt Requested, a "FOIL" Request for Records was made to City of North Tonawanda Police Department, Chief of Police and Records Access Officer, Randy D. Szukala. The "item" was delivered at 10:01 AM on December 7, 2007 and signed for by Maureen Balling. To date (17 December 2007), "No Reply" has been received from Chief Szukala to the "FOIL" Request for Records. The "FOIL" request included a request for agency records within the possession and control of the City of North Tonawanda Police Department to include papers, reports/incident reports, letters, films, photographs, and sound recordings, related to all bomb threats occurring at North Tonawanda High School, located at 405 Meadow Drive, North Tonawanda, New York during the 2005-2006 school year (September 2005 through June 30, 2006). A request was also made for all documents that describe or reflect the procedures followed by investigating officers on this matter, as well as a record of calls made to Emergency 911 response system and, if the call was transferred to the Fire Department or the Emergency Medical Service, a record of those calls as well.

A "No Reply" by Chief Szukala to the "FOIL" request within the time prescribed by law led me to telephone North Tonawanda City Attorney Shawn P. Nickerson who, this morning, indicated that I could direct the "FOIL" Request for Records to his attention.

A Freedom of Information-Privacy Acts ("FOIPA") Request for Records similar to the "FOIL" Request for Records to City of North Tonawanda Police Department Chief of Police and Records Access Officer Randy Szukala was also made to the U.S. Department of Justice, Federal Bureau of Investigations, who promptly and courteously replied well within the time prescribed by law, "No records responsive to your "FOIPA" request were located by a search of the automated indices."

State of New York Office of the State Comptroller Forwards Complaint Against North Tonawanda School District to Commissioner of Education Mills

The Standards: According to correspondence recently received from Associate Counsel Albert Wm. Brooks, State of New York Office of the State Comptroller, "the reporting of violent or disruptive incidents is required by section 2802 of the Education Law. Under this provision, school districts are required to report annually to the Department of Education (Department), in a form and by a date prescribed by the Commissioner of Education (Commissioner), information concerning violent and disruptive incidents that occurred in the prior school year. Section 100.2(gg) of the Commissioner's regulations (8NYCRR 100.2(gg)) defines the types of violent incidents that must be reported and the additional information that must be included in the annual report. The Department is required to assess the reported information and determine whether any schools should be designated as persistently dangerous because of their violent and disruptive incidents.

In accordance with section 305(1) of the Education Law, the Commissioner is charged with enforcing all general and special laws relating to the education system and with executing all educational policies of the Board of Regents. Further, section 306(1) of the Education Law authorizes the Commissioner to withhold from any district or city its share of public moneys for willfully disobeying any provision of law or any decision, order or regulation. Finally, the Commissioner is authorized by section 308 of the Education Law to institute any proceeding as may be necessary to properly enforce and give effect to any provision of the Education Law.

The Office of the State Comptroller has audited the Department's oversight of this incident reporting program, pursuant to its authority under the State Constitution and the State Finance Law. However, in accordance with the provisions of the Education Law cited above, the Department of Education would have the authority to initiate such other action as might be appropriate upon a determination that the information provided by a particular school district in its annual reporting was inaccurate or otherwise deficient. Accordingly, we are forwarding your complaint to the Commissioner of Education."

North Tonawanda City School District Conduct, Operation and Maintenance of Extracurricular Activities

The Standards: Students desiring to form an Extracurricular activity shall petition their principal in writing . The petition shall state the purpose and describe the activities of the proposed Extracurricular activity and shall be signed by at least seven students. If the purpose of the proposed Extracurricular activity falls within the scope of educational or school service purposes and if the necessary space and equipment are available, the principal in conjunction with the petitioning students, shall seek a suitable adviser. When these procedures have been completed, the building principal shall recommend to the superintendent that the Extracurricular activity be approved as a "pilot" activity. After at least one school year of functioning on a pilot basis (advisor not paid), the principal may submit a request to the Superintendent for formal Board approval and a paid advisorship. (Regulation 2004 7410R.1, 1 of 2, City of North Tonawanda School District).

The Truths: Principal Fisher, holding knowledge of City of North Tonawanda School District policy and procedure and rules and regulations for Conduct, Operation and Maintenance of Extracurricular Activities, met "...with Michael in mid-September in reference to his request to solicit an advisor for a club that would promote tolerance and awareness of homosexual issues. I offered my full support of Michael's desire to send a memorandum to the staff seeking a volunteer advisor. With my express approval, he sent a memorandum to the faculty. (Respondent's Affidavit, Case No. 10108712, January 31, 2007, NYS Division of Human Rights).

Principal Fisher holding further knowledge of the hostile climate toward Michael and children like Michael, and shortly before Principal Fisher's alleged series of "6 or 7" bomb threats (apparently under-reported to NYSED/Violent Incident Reporting) occurring the week of October 7 through and including October 12, 2005 (the date Michael discovered the written death threat in his NTHS day planner), permitted Michael to circulate approximately 125 of the following "memorandum" to North Tonawanda High School Faculty and Staff:

"Dear Teachers and Staff of NTHS:

My name is Michael Mangus, I am 14 years old and in 9th grade. I came out last year, to the whole Middle School and High School, pretty much all of NT. I'm gay, and well very proud of it! All of my friends accept me and a lot of people do accept it. But, there are others that are not totally accepting of it. Trust me, getting called a faggot all day long by guys isn't that great of a feeling. So, I was thinking, maybe NTHS could have a Gay - Straight Alliance. I have talked to Mr. Fisher and Mrs. Fisher about this, and they said that I just need an advisor. So here is where you come in [smiley]! I want the word to get around to all teachers and staff, who don't have a busy schedule to help me with creating this club. It will be after school, not for a long time probably just during the activity period or until 3:00 or something. Not that long. It will be once a week or maybe once every two weeks if you want to. We would talk about issues in the gay community, and really help the students learn and understand more about gay life pretty much! There are special holidays in the gay community that we would do, like National Coming out day (October 11), and there is silent day in April. And I will obviously explain all these later. But I know this would be a great thing to do to stop the hate and discrimination here at NTHS. If anyone at all would like to be an advisor, this goes for Teachers and Staff, please let me know, ASAP!! Please fill out this form and hand it into my homeroom teacher (Mrs. Paul room 128), or call me! My information is listed below.

Sincerely,
Michael A. Mangus..."

Michael received one response to his innocent effort to solicit an advisor in the manner "expressly approved" by Principal Fisher and promoted by Mrs. Fisher. Michael was clearly placed in a situation that set him up to fail, further compromise his safety, and suffer emotional injury. Michael later conveyed to me that he heard rumors of mockery by numerous faculty and staff, and Michael was devastated.

Mrs. Fisher (Colleen M. Fisher), was assigned to Michael as a "school guidance counselor" for the 2005-2006 school year. According to New York State Education Department TEACH records, Mrs. Fisher held permanent certification in Health and was issued a "school guidance counselor provisional certificate" which expired September 2005. I later learned that Mrs. Fisher was appointed as a long-term substitute "school guidance counselor" at North Tonawanda High School for the 2005-2006 school year, and left North Tonawanda High School at the end of the 2005-2006 school term. The original NYSED TEACH record reflecting Colleen M. Fisher's licensing status as "school guidance counselor provisional status expires 2005", appears to have been removed from NYSED TEACH Inquiry System; NYSED TEACH record now reflects "School Guidance Counselor" certified status 2007.

New York State Division of Human Rights, Buffalo Division (Case No. 10108712), holds all documentary evidence and SWORN statements of Principal Fisher's "express approval" to Michael to circulate this "memorandum".

New York State School Report Card 2005-2006 North Tonawanda High School

The Standards: The Safe Schools Against Violence in Education Act (SAVE) was passed by the New York State Legislature and signed into law by then Governor George E. Pataki on July 24, 2000. In response to the legislation, the New York State Board of Regents amended the Regulations of the Commissioner of Education, Section 100.22 (gg) by emergency action, and made permanent in June 2001, to provide specifications for the creation of a uniform violent incident reporting system. The Regulations were developed in consultation with the Division of Criminal Justice Services and with legislative and executive staff. The Regulations make use of definitions of crimes taken from the Penal Law and require schools to record and report information on violent and disruptive incidents to New York State Education Department.

Six (6) years later, in a press release dated May 22, 2006, "Commissioner Mills Announces Actions To Improve School District Reporting of Violent Incidents". Commissioner Mills' press release was spawned by "a new audit of school district data for 2003-2004 recently conducted by the State Comptroller and by increasing concerns among the Regents and State Education Department officials that data reporting by schools is irregular and inadequate."

State Education Commissioner Richard Mills said, "The Comptroller's audit confirms our increased concerns about underreporting in schools,"... "Creating a safe environment is critical and fundamental for learning. More must - and will - be done to get full compliance. The Board of Regents and the State Education Department are taking aggressive actions to ensure accurate reporting and compliance." (For Immediate Release, May 22, 2006, Commissioner Mills Announces Actions to Improve School District Reporting of Violent Incidents).

The Truths: Commissioner Mills had knowledge of the violence occurring against Michael while Michael was in attendance at North Tonawanda High School as early as November 7, 2005, including a copy of the written death threat against Michael, and Commissioner Mills failed to take the actions he claims "to improve school district reporting of violent incidents."

Further, John H. George, former Superintendent of City of North Tonawanda School District, held knowledge of both the death threat against Michael's life due to Michael's sexual orientation and gender expression, and a "series of six (6) or seven (7) bomb threats", all occurring (upon SWORN Affidavit of James V. Fisher, Principal North Tonawanda High School) between October 7 and October 12, 2005. Dr. George was responsible for compliance with the requirement of superintendents' certification of districts' violent and disruptive incidents reports to New York State Education Department for the 2005-2006 school year; Dr. George was also responsible for the accuracy of the data reported for the 2005-2006 New York State School Report Card.

A complaint has been filed with New York State Office State Comptroller Investigations and Accountability Divisions against City of North Tonawanda School District for under-reporting its violent incidents for the 2005-2006 school year; a complete investigation into this matter is expected.

A comprehensive list of New York State Comptroller's recommendations and State Education Department actions can be read at http://www.emsc.nysed.gov/sss/SAVE.

New York State Division of Human Rights Purposes of Article 290

The Standards: Article 290 of the New York State Division of Human Rights Laws and Regulations is known as the "Human Rights Law". It states in part:

"The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within this state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity whether because of discrimination, prejudice, intolerance or inadequate education...threatens the rights and proper privileges of its inhabitants...". (290. Purposes of Article 3., NYS Division of Human Rights).

The Truths: Not every individual within this state is afforded an equal opportunity to enjoy a full and productive life, including equal opportunity in education and equal protection of the laws. Defective or corrupt administrations rather than defective policy is usually to blame. Laws and regulations are clearly in place to protect individuals from the forms of discrimination, harassment, intimidation and bullying that both Michael and I have been subject too by numerous state agencies and individuals who egregiously and illegally abuse the "Human Rights Law".

In the case of Michael, New York State Division of Human Rights holds sufficient knowledge and credible evidence that numerous state agencies and individuals, including the City of North Tonawanda School District, repeatedly denied Michael an equal opportunity to enjoy a full and productive life, which includes his civil right to equal access to education and equal protection of the laws. Yet, further by letter dated June 14, 2007, from New York State Division of Human Rights, Acting General Counsel, Caroline J. Downey states:

"Pursuant to Rule 20 (c), where an appeal is not taken and the time to appeal has expired, a reopening of a no probable cause determination may be predicated only upon actions occurring subsequent to the investigation, or an allegation of newly discovered evidence of wrongdoing, fraud or irregularity which could not, with due diligence, have been discovered before the dismissal of the complaint (9 N.Y.C.R.R. Section 465.20 (c)). A careful review of your case does not support a reopening under this section."

NYS Division of Human Rights Complaint Pursuant to Article 15 of the Executive Law of the State of New York

The Truths: On November 8, 2005, I filed a Complaint Pursuant to Executive Law, Article 15, charging the North Tonawanda City School District with an unlawful discriminatory practice relating to education in violation of Article 15 of the Executive Law of the State of New York (Human Rights Law) because of sexual orientation.

"The particulars are:

1. I have a son, Michael Mangus, who is gay. Because of this, my son has been subject to unlawful discriminatory actions.

2. My son began attending the high school in September 2005. During the first week of school and continuing Michael has been harassed constantly by other students because he is gay. I brought this to the attention of James V. Fisher, Principal, on a regular basis. To date no corrective action has been taken to protect my son.

3. On October 12, 2005 Michael discovered a death threat which was written into his day planner.

4. On October 12, 2005 I met with James V. Fisher regarding the death threat. His solution was that Michael should "tone it down". Mr. Fisher has refused to take appropriate action or to report the matter to the police as required.

5. I have, on behalf of Michael, kept the Superintendent of the School District, John George, informed of these matters from the beginning. Dr. George has not taken the appropriate steps to ensure my son has a safe environment in which to learn." (Verified Complaint Pursuant to Executive Law, Article 15, Case No. 10108712, NYS Division of Human Rights).

I received a copy of the North Tonawanda City School District's written response to my Complaint on or about November 18, 2005:

"The North Tonawanda City School District, through its attorneys, Norton/Radin/Hoover/Freedman, Andrew J. Freedman, Esq., of Counsel hereby responds to the Complaint by Stating the following:

1. Respondent admits paragraph numbered one in so much as it states that "I have a son, Michael Mangus, who is gay" Respondent denies all other allegations contained in that paragraph.

2. Respondent admits paragraph numbered two in so much as it states "My son began attending the high school in September 2005." Respondent denies all other allegations contained in that paragraph.

3. Respondent denies information and knowledge sufficient to form a belief so as to admit or deny paragraph numbered three.

4. Respondent admits paragraph numbered four in so much as it states "On October 12, 2005 I met with James V. Fisher". Respondent denies information and knowledge sufficient to form a belief as to the paragraph stating "the death threat". Respondent denies all other allegations contained in that paragraph.

5. Respondent denies information and knowledge sufficient to form a belief so as to admit or deny paragraph numbered five." (Response, Case No. 10108712, NYS Division of Human Rights, Received NOV 16, 2005, Buffalo Regional Office).

At that time, then Regional Director, William P. Marks, asked that I submit a written response (known as a "rebuttal") to the City of North Tonawanda School District's Response:

"Rhonda J. Mangus on behalf of her minor child Michael Mangus re-butts The City of North Tonawanda School District's Response to her Complaint as follows:

1. Complainant's rebuttal to Respondent's paragraph numbered 1: Complainant asserts that Respondent, having actual notice that a crime had been committed against Complainant's minor child Michael, violated North Tonawanda City School District Code of Conduct Section 14. Reporting Code Violations, Title IX* and the Equal Protection Clause of the Fourteenth Amendment by failing to take prompt, reasonable, and effective action to address the harassment of Michael on the basis of sexual orientation.

2. Complainant's rebuttal to Respondent's paragraph numbered 2: Complainant had on several occasions conversed with Respondent James V. Fisher regarding, among other things, the harassment of Michael based on his sexual orientation and, in fact, authorized the release (and exchange) of information between Louis Moran, ACSW and Marvin Henchberger, Director of Gay Lesbian Youth Services to the North Tonawanda City School District due, in part, to these conversations. (See Exhibit A).

3. Complainant's rebuttal to Respondent's paragraph numbered 3: Complainant asserts that Respondent James V. Fisher has sufficient information and knowledge to form a belief that Michael discovered a death threat against him and which was written into his NTHS day planner:

(A) Complainant, after receiving a telephone call from Michael on October 12th, 2005 at approximately 11:30 a.m. regarding the death threat, telephoned NTHS Attendance Office and indicated that Michael should be ready for release to Complainant.

(B) When Complainant entered NTHS Main Office at approximately 12:20 p.m. there was some commotion due to the fact that a student had just walked out of Mr. Carr's (Regent English 9) classroom. The student was Complainant's minor child, Michael. Complainant left the Main Office to look for Michael. When Complainant located Michael it was evident to Complainant that Michael was distressed by the discovery of the written death threat against him. Complainant calmed Michael before returning (with him) to the Main Office.

(C) Complainant and Michael promptly reported the violation of the Code of Conduct on October 12th to Respondent James V. Fisher and pursuant to North Tonawanda City Schools District Code of Conduct Section 14. Reporting Code Violations.

(i) Complainant, upon re-entering the Main Office with Michael, found several people, including Respondent James V. Fisher, standing behind the main office counter. At that time, Complainant asked Respondent if she could speak to him. Respondent indicated, in so many words; that he had very little time, but agreed to a brief meeting regarding this matter.

However, before Complainant and Michael entered Respondent's office, a person unknown to Complainant quickly motioned to Complainant indicating that she wanted to show the day planner to Respondent before Complainant and Michael met with him. With Michael's day planner now in hand, she motioned Respondent to an office located inside the Main Office. Very little time passed before she and Respondent exited the office. She returned the day planner to Complainant. Respondent, Michael, and Complainant then proceeded to Respondent's office to discuss the matter.

(A) That during the course of the meeting, and in the face of a complaint of Aggravated Harassment, Respondent James V. Fisher treated Michael as if he were the problem. Respondent, among other things, conveyed to Michael matter of fact, and in the presence of Complainant, "you've got to tone it down". Michael's response was "What more can I do? I'm trying."

(B) That at no time during the course of the meeting with Complainant and Michael did Respondent indicate that he would investigate this matter and/or notify the appropriate local law enforcement agency as required by North Tonawanda City District schools Code of Conduct Section 14. Reporting Code Violations, Title IX* and the Equal Protection Clause of the Fourteenth Amendment. Consequently, Complainant, on behalf of Michael, filed a complaint of Aggravated Harassment with the City of North Tonawanda Police Department on 12 October 2005 (See Exhibit B).

5. Complainant's rebuttal to Respondent's paragraph numbered 5: Complainant asserts that Respondent Superintendent of Schools Dr. John George has information and knowledge sufficient to form a belief.

(A) Complainant has copied Respondent Dr. John George on the following correspondence to Respondent James V. Fisher regarding this matter dated the 12th, 14th, 18th, 20th, and 24th respectively. (See Exhibit C).

(B) Complainant in correspondence dated 26 October 2005, communicated directly to Respondent Dr. John George referring, in part, to this matter (See Exhibit D) (Rebuttal Case No. 10108712, dated 20 November 2005, NYS Division of Human Rights)

* Title IX: I learned by letter dated December 6, 2005, from the United States Department of Education, Office for Civil Rights, after filing a complaint against Principal Fisher with the United States Department of Education, Office for Civil Rights, that they are responsible for enforcing five federal laws that prohibit discrimination on the bases of race, color, national origin, disability, age and sex in any programs that receive financial assistance from the U.S. Department of Education. OCR does not have jurisdiction over allegations of discrimination based upon sexual orientation and this lack of jurisdiction must receive attention and change as our GLBTQ Youth number over 2 million in schools across the United States and our GLBTQ Youth should be afforded the same protections that prohibit discrimination on the bases aforementioned.

Nevertheless, the United States Department of Education, Office for Civil Rights, holds knowledge of my allegations that City of North Tonawanda School District did not investigate the death threat relating to Michael's sexual orientation even though they had sufficient information to do so, that North Tonawanda Senior High School Principal James V. Fisher made false statements regarding the threat to the North Tonawanda Police Department, and that North Tonawanda Senior High School Principal James V. Fisher prevented me from collecting Michael's class work and homework; each action a violation at the very least of several laws of the State of New York.

NYS Division of Human Rights Finds "No Probable Cause" that City of North Tonawanda School District Was Engaging In Unlawful Discriminatory Practice

The Standards: The NYS Division of Human Rights Commissioner or designee are given broad authority to investigate and pass upon complaints alleging violations of the Executive Law of the State of New York. To test and investigate and to make, sign and file complaints alleging violations of the Human Rights Law and to initiate investigations (Article 15 of the Executive Law, NYS Division of Human Rights, Laws and Regulations).

In A Determination and Order After Investigation, dated 2/27/07, on the Complaint I filed with the NYS Division of Human Rights on behalf of Michael against North Tonawanda City School District charging North Tonawanda City School District with an unlawful discriminatory practice relating to education in violation of Article 15 of the Executive Law of the State of New York (Human Rights Law) because of sexual orientation, NYS Division of Human Rights Regional Director, Tasha Moore, found "No Probable Cause" that the City of North Tonawanda School District was engaging in discriminatory practice relating to education because of sexual orientation.

Regional Director, Tasha Moore, states in her Determination and Order After Investigation (Case No. 10108712):

"After investigation, and following opportunity for review of related information and evidence by the named parties, the Division of Human Rights has determined that there is NO PROBABLE CAUSE to believe that the respondent has engaged in or is engaging in the unlawful discriminatory practice complained of. This determination is based on the following:

The investigation did not reveal sufficient evidence to support a belief that Complainant's son was discriminated against in regard to education, because of his sexual orientation. The investigation revealed that ... when Complainant's son informed Respondent of harassment in a gym class due to his sexual orientation, Respondent attempted to address the problem but he refused to identify the students harassing him. The record shows Respondent took appropriate steps by affording him the opportunity to change in a separate room and make up work for the first 10 week period while working with a social worker and mentor to return for the next marking period. The record indicates Complainant's son was not told to "tone it down" by the Principal; this was suggested by a social worker and mentor working with him. The record shows Respondent Principal met with Complainant and her son the same day the death threat was found, but was unable to complete an investigation because the threat was anonymous, the teacher could not identify the handwriting and Complainant's son could not identify anyone who might have written the threat. Respondent states there could have been 100 to 150 students in and out of the room where the planner was left, for various classes. Complainant confirmed the police department was also unable to proceed with an investigation of the threat. Respondent proposed an alternative school program for Complainant's son for the safety issue, as well as prior concerns related to poor school work and behavior, which Complainant rejected. The evidence does not support a belief that Respondent discriminated against Complainant's son because of his sexual orientation.

The Complaint is therefore ordered dismissed and the file is closed." (Determination and Order After Investigation, Case No. 10108712, NYS Division of Human Rights, 2/27/07).
Ms. Moore held sufficient knowledge and substantial material evidence that among other matters, North Tonawanda City School District denied Michael had been harassed constantly by other students because he is gay, denied I brought this to the attention of James V. Fisher Principal, on a regular basis, denied having information and knowledge sufficient to form a belief so as to admit or deny that on October 12, 2005, Michael discovered a death threat which was written into his day planner, and denied information and knowledge sufficient to form a belief as to the paragraph "His solution was that Michael should "tone it down" and that James V. Fisher refused to take appropriate action or to report the matter to the police as required." (denial statements from: Copy Respondent's Response, Case No. 10108712, NYS Division of Human Rights, RECEIVED NOV 16 2005 Buffalo Regional Office)

The Truths: The record could not show that "...Respondent took appropriate steps by affording him the opportunity to change in a separate room and make up work for the first 10 week period while working with a social worker and mentor to return for the next marking period."

Upon sworn Affidavit of Respondent James V. Fisher, Principal of the North Tonawanda Senior High School, Michael "...was offered a contract soon after September 29 that relieved him of traditional participation in Physical Education." (Respondent's Affidavit, #7., Case No. 10108712, NYS Division of Human Rights), and

"Despite the development of a contract allowing alternatives to traditional participation in Physical Education, Michael seldom reported to the class. Part of this contract stipulated that Michael would not be required to change into physical education attire for the remainder of the first quarter of the school year." (Respondent's Affidavit, #10., Case No. 10108712, NYS Division of Human Rights)

(I have not been able to obtain a copy of this alleged "contract". If in fact Michael entered into this alleged "contract", Michael entered into it without my knowledge or consent. A violation of law upon the child as a minor, who has no authority to enter into a "contract" without express written consent or authorization from the parent. )

Respondent James V. Fisher further alleges: "Mrs. Mangus alleges that the extent of my concern was to advise Michael to "tone it down." This narrow excerpt from our total conversation was derived from my recollection of a previous conversation I had with his social worker, who had met with Michael, and had discussed ways in which Michael might draw less attention to himself." "...". (Respondent's Affidavit, #20., Case No. 101087121, NYS Division of Human Rights).

"Discussions with the school Social Worker are confidential." (North Tonawanda City School District, Policies & Regulations, Social Work Services, page 36, NTHS Day Planner 2005-2006) and Michael's privileged communications (if this communication in fact took place) were exploited and unlawfully released to and obtained by Principal James V. Fisher.
The "Record" , among other matters, also does not show:

1. By letter dated 14 October 2005, James V. Fisher Principal, North Tonawanda High School was provided sufficient information to proceed with an investigation (Rebuttal, Exhibit C, Case No. 10108712, NYS Division of Human Rights). Principal Fisher and City of North Tonawanda Police Department willfully and intentionally quashed the investigation.

2. By letter dated 18 October 2005, James V. Fisher Principal, North Tonawanda High School was informed that the Alternative High School program was not an option for the reasons "It appears to me that the location (Boys & Girls Club on Franklin Street in Tonawanda) is not a secure location. People can, and did arbitrarily walk in and out of the building with no apparent supervision. Additionally, the aesthetics are poor. More important, according to members of your staff, the Boys & Girls Club does not supply heat to the building on a regular basis, claiming it is too expensive. And, when the heating system needs repair, they hope to find someone who will fund it; otherwise the problem(s) is not addressed appropriately. The students as well as members of your staff were apparently cold." I also reiterated that
"...when I suggested that, in particular, the heating needs to be addressed by you, you indicated that it's the Boys & Girls Club responsibility." (Rebuttal, Exhibit C, Case No. 10108712, NYS Division of Human Rights).

I questioned Ms. Moore's competency on this matter by letter dated 25 April 2007 to Commissioner Kumiki Gibson, NYS Division of Human Rights. Ms. Moore, as an agent of thestate, is charged with examining accuracy of facts and legal specifications. Among other matters Ms. Moore should be very aware that discrimination includes separation and segregation; that securing conversations with and obtaining documents from individuals that another has privileged communication with is unlawful. Ms. Moore should also be aware that to support in writing any unlawful discriminatory remark made by any individual that is designed to oppress the authenticity of an individual or, to support in writing any practice designed to separate and segregate an individual is in fact DISCRIMINATION. Ms. Moore's decision in fact also contains false statements and attempts to portray Michael in an unfavorable light. Yet, the NYS Division of Human Rights Legal Bureau, by letter dated June 14, 2007, finds:
"There is sufficient evidence in the record that the school district took prompt and appropriate corrective action in response to your son's complaints of harassment." Additionally, the Division's determination was based on all the evidence submitted by both parties, not solely on the affidavit of Mr. Fisher. Thus we do not find that Ms. Moore failed to execute her duties appropriately."
There is also sufficient evidence in the record that City of North Tonawanda School District "school officials" were having inappropriate and harmful conversations with Michael without my knowledge and consent, and I only learned of these alleged conversations between Michael and the school social worker upon receipt of sworn Affidavit of Principal Fisher (Respondent's Affidavit, Case No. 10108712, dated January 31, 2007). A tremendous burden was being placed upon Michael by "school officials" to conform: "to tone it down", "to draw less attention to himself"; a gross violation of Michael's civil and human rights.

Please Note: The Alternative High School program, enrolling students from both Niagara and Erie counties, formerly located at the Boys & Girls Club of the Tonawandas, has this school year (2007-2008) been moved to Grant Elementary School, located in North Tonawanda, NY. It is my understanding that the students now have both heat and access to a school nurse.

Update: According to the Huffington Post: "The New York State Court Of Appeals ruled [June 2012] that the state's students cannot use The New York Human Rights Law-- which prohibits discrimination based on “age, race, creed, color, national origin, sexual orientation, military status, sex or marital status”-- to get recognition of discrimination or get financial compensation for such discrimination." Read more.

City of North Tonawanda School District: Perverting the Course of Justice

The Standards: It is a criminal offense to intend to pervert the course of justice. In United States jurisdictions Obstruction of Justice refers to the crime of offering interference of any sort to the work of police. Obstruction of Justice charges are laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to investigating officers; they act in such a manner that prevents justice being served on either themselves or on a third party.

The Truths: On October 26, 2005, I learned in a telephone conversation with Detective Karen Smith, Juvenile Division, City of North Tonawanda Police Department, that Principal Fisher, North Tonawanda High School indicated to her that he never saw the written death threat in Michael's planner and that she had to show him a copy of hers. I also learned from Detective Smith that it could take weeks, or even months, for a fingerprint analysis of Michael's NTHS Day-planner, and that a handwriting sample would not be done because it is too expensive.

I sent a letter of confirmation to Detective Smith on 30 October 2005, reconfirming the points of our telephone conversation, that included the following excerpts:

"3. That you met with Mr. Fisher, Principal, NTHS, and he indicated to you that he never saw the written death threat in Michael's planner, and that you had to show him a copy of yours."

"If the foregoing does not meet with your understanding of our telephone conversation, please let me know in writing."

To this date, I have not received any correspondence from Detective Smith that our telephone conversation of 26 October 2005 did not meet with her understanding of our conversation. Furthermore, Detective Smith proceeded to fax "copies of her police report, which included a copy of the message written in the agenda planner." to Principal Fisher on 13 October 2005 (Respondent's Affidavit, #23, Case No. 10108712, NYS Division of Human Rights) and failed to bring charges against Principal Fisher for Obstruction of Justice.

Paragraph 23, in its entirety reads: "Upon speaking with Det. Smith on October 13, I learned that Mrs. Mangus had contacted Det. Smith to file a report that Michael had been threatened at school. Det. Smith sought any additional information beyond that which Mrs. Mangus and Michael had already provided to her, which was limited to the written message in the agenda planner. I replied that I did not have any additional information and that it was highly unlikely that I would be able to identify the individual responsible given the limited evidence and circumstances to which the agenda planner was subject prior to being returned to Michael. Det. Smith agreed. I also indicated that my schedule for the previous afternoon had not yet allowed me to further the investigation, noting that Mrs. Mangus would not leave the planner for me to review. Det. Smith faxed copies of her police report*, which included a copy of the message written in the agenda planner." (Respondent's Affidavit, #23, Case No. 10108712, NYS Division of Human Rights).

The facts are: Principal Fisher could not have "learned that Mrs. Mangus contacted Det. Smith to file a report that Michael had been threatened at school." because I filed a Complaint of Aggravated Harassment, on behalf of Michael, with the City of North Tonawanda Police Department on 12 October 2005 at 3:00 p.m. with an intake officer (ID No. 163) who indicated to me that the Complaint would be forwarded to the Juvenile Division (Rebuttal, Case No. 10108712, Exhibit B, NYS Division of Human Rights). Furthermore, neither Michael or I had met Detective Smith previous to 14 October, 2005, when she met with us in our home to discuss the Complaint and review the agenda planner (North Tonawanda Police Department Property Record, Complaint No. 05-20427, 10-14-05). Additionally, Principal Fisher never asked for me to leave the planner for review. After reporting the violation of the Code of Conduct on October 12th 2005 to Principal Fisher, and pursuant to North Tonawanda City Schools District Code of Conduct Section 14. Reporting Code Violations (2005-2006), I proceeded with Michael to the Attendance Office to sign Michael out of school. At this time, the attendance clerk made a copy of the written death threat in Michael's NTHS day planner.

The reason for the early release: threat against life.

By hand delivered correspondence dated 14 October 2005 to Principal Fisher and copy to Detective Smith and Dr. John George (retired Superintendent of City of North Tonawanda School District), Principal Fisher and Detective Smith were given sufficient information to aid their investigations (Rebuttal, Case No. 10108712, Exhibit C, NYS Division of Human Rights).

*The "police report" Detective Smith released to Principal Fisher without authorization from me was in fact North Tonawanda Police Dept. New York State Incident Report No. 20427, dated 12 October 2005 (Rebuttal, Case No. 10108712, Exhibit B, NYS Division of Human Rights).

NYS Office of Children & Family Services - Request for Intake Report

In December 2006, I requested a copy of New York State Office of Children & Family Services Intake Report filed by North Tonawanda High School Principal James V. Fisher on November 09, 2005, for the reason that I was again reported for educational neglect. This time however, the "mandated reporter" adds inadequate guardianship as well (to be discussed in a future post).

Principal Fisher reports: "Narrative: Michael (age 14) has missed 21 days of school this academic school year. He is failing as a result of his absenteeism. The mother is aware of his poor attendance and fails to adequately address the matter. The father has an unknown role." (Dated Created: 12/19/2006 at 05:05 Page: 3 of 3).

In light of the fact that Niagara County Department of Social Services and/or New York State Office of Children & Family Services failed to initiate criminal proceedings against Principal Fisher for violating subdivision three of section 240.55 of the penal code law, I approached Niagara County District Attorney Matthew J. Murphy, III, and City of North Tonawanda Police Department Lt. Krantz , who both refused to initiate an investigation or file charges against Principal Fisher even though further and concrete evidence was presented to each of them to substantiate the charge against Principal Fisher for violating subdivision three of section 240.55 of the penal code law. District Attorney Matthew Murphy, III and Lt. Krantz were each given a copy of Respondent's Affidavit on the State Division of Human Rights Complaint of Rhonda J. Mangus, on behalf of her minor child Michael Mangus, against North Tonawanda City School District, Case No. 10108712, dated January 31, 2007:

Principal Fisher knowingly denies having knowledge of "father's role" on this matter, and it is clearly AFTER the week of 31 October 2005, that Principal Fisher initiates the report to New York State Office of Children & Family Services. Principal Fisher, in the above referenced sworn Affidavit states:

"36. Michael's father, divorced from Mrs. Mangus, contacted me during the week of October 31st. Mr. Mangus has visitation rights, and maintains close communication with Michael. Mr. Mangus contacted me after having been away on business in New York City during the entire month of October. I was very pleased about having an opportunity to renew a verbal dialog with one of Michael's parents since Mrs. Mangus had expressed that she no longer wished [to] talk with me over the phone.

37. Given the opportunity, I spoke at length with Michael's father and explained what alternatives we were able to offer Michael to protect him. I also explained the difficulties we faced in identifying the individual responsible for the anonymous message left in his agenda planner. Mr. Mangus indicated that Michael has seldom, if ever, been forthcoming with details pertinent to situations where he alleges he has been harassed.

38. After having briefed Mr. Mangus, I asked him if there was anything else that he thought that we could do to help Michael and he replied he was appreciative of everything that we had already done and that he had no other recommendations for resolving the fact that Michael had not yet returned to school. Michael's father was very affable and supportive of the school's effort." (Respondent's Affidavit, Case No. 10108712, NYS Division of Human Rights).

The Laws of New York SOS Article 6, Title 6, Section 424(8)

The Standards: The Laws of New York SOS Article 6, Title 6, Section 424 (8) require child protective service workers to "refer suspected cases of falsely reporting child abuse and maltreatment in violation of subdivision three of section 240.55 of the penal law to the appropriate law enforcement agency or district attorney."

The Truths: "School Officials" are not being referred to the appropriate law enforcement agency or district attorney for falsely reporting child abuse and maltreatment. As a result, "school officials" across the United States are using this strategy to intimidate and terrorize families who do not acquiesce to their mal-administrative actions.

Principal Fisher continued with efforts to compel Michael's attendance at school that violated the Laws of the State of New York. When Principal Fisher's efforts to deny Michael his coursework failed to compel Michael's attendance, Principal Fisher made a "bad faith" report to New York State Office of Children & Family Services on November 9, 2005 (the same day City of North Tonawanda School District was served my Complaint, on behalf of Michael, against them by the New York State Division of Human Rights).

Principal Fisher was very aware of the reasons that I had removed Michael from North Tonawanda High School on 12 October 2005, and the conditions for Michael's return to school; Principal Fisher and City of North Tonawanda Police Department simply had to do what they are required to do by law: a complete investigation into the written death threat against Michael; a death threat directed toward Michael's sexual orientation and gender expression that put him in fear for his life; a terroristic threat. Principal Fisher and City of North Tonawanda Police Department refused to commence a complete investigation, even though they had sufficient information to do so. Principal Fisher would, in fact, further obstruct justice by repeatedly denying holding knowledge of the death threat in Michael's NTHS Day planner.

(Principal Fisher was also very aware at the time that he made the report to New York State Office of Children & Family Services, that I complied with state and local laws in requesting coursework for Michael, and that I was repeatedly denied access to Michael's coursework by his directive to Michael's teachers to refuse my requests for coursework.)

Substantial evidence exists that Principal Fisher made the report to New York State Office of Children & Family Services and that Principal Fisher made the report in "bad faith".

Excerpt from correspondence dated January 05, 2005 (Case ID 21687639) from Niagara County Department of Social Services to Jim Fisher (Principal Fisher placed this correspondence in Michael's "education" record):

"Dear Jim Fisher:

This letter is in response to your request, pursuant to Section 422(4) of the Social Services Law, to the findings of the investigation concerning your report of suspected child abuse or maltreatment. You made such a report in your professional or official capacity as a person required to report child abuse or maltreatment.

Office of Children and Family Services show that the report has been deemed 'unfounded'...."

In other words, Principal Fisher could not provide "credible evidence" to substantiate a charge of "educational neglect" against me. Both the caseworker and caseworker's supervisor held sufficient evidence that the report filed by Principal Fisher was intentionally false, yet Niagara County Department of Social Services and/or New York State Office of Children & Family Services failed to have charges filed against Principal Fisher as required by The Laws of the State of New York SOS Article 6, Title 6, Section 424(8).

City of North Tonawanda School District - "Willful Maladministration"

The Standards: The right to Equal Access to Education is a fundamental right protected by the New York State Constitution and the United States Constitution and Equal Protection of the Law is a paramount requisite in America's public school system.

The Truths: Efforts by numerous NYS agencies and numerous individuals to keep closed and un-redressed, the matter of the violations of Michael's rights to Equal Access to Education and Equal Protection of the Law, have been unrelenting, and the cover-ups of cover-ups has been incessant.

Every documented act of willful maladministration by City of North Tonawanda School District "school officials", and the various state agencies and individuals referenced in previous post including, but not limited to: failure to follow procedures and the law, failure to investigate, failure to reply, lack of required reports, acting unreasonably or unjustly, oppressive or improperly discriminatory, acting wholly or partially on improper motives, incorrect action or failure to take action, and/or misleading or inaccurate statements, denied Michael his right to Equal Access to Education and Equal Protection of the Law.

Powers & Duties of NYS Commissioner of Education

The Standards: Article 7, Section 305 (2) of Education Law of the State of New York requires that the Commissioner of Education "...shall enforce all general and special laws relating to the educational system of the state and execute all educational policies determined upon by the board of regents. He shall have general supervision over all schools and institutions which are subject to the provisions of this chapter...and shall cause the same to be examined and inspected and shall advise and guide the school officers of all district and cities of the state in relation to their duties and the general management of the schools under their control.

The Truths: In the face of repeated denials to my requests for class/homework for Michael, I forwarded to NYS Commissioner of Education, Richard P. Mills, as early as 7 November 2005, via Fax Transmission and by follow-up certified correspondence dated 8 November 2005, a request for home instruction for Michael pending the outcome of my Complaints.

Commissioner Mills was very aware that Michael had not attended City of North Tonawanda High School since the afternoon of October 12, 2005, and that the City of North Tonawanda School District, by directive of Principal James V. Fisher, City of North Tonawanda High School, was actively and unlawfully denying Michael Equal Access to Education and Equal Protection of the Laws. Commissioner Mills was forwarded all relevant correspondence on the matter through November 3 2005 including, but not limited to, a copy of the Complaint of Aggravated Harassment I filed on behalf of Michael with the City of North Tonawanda Police Department, copy of relevant pages from Michael's NTHS Day -Planner, and correspondences to (retired) Superintendent Dr. John George and Principal James V. Fisher, North Tonawanda High School inquiring respectively of the reasons for the denial of my requests for class/homework for Michael and reminding them that Principal Fisher's directive to Michael's teachers to refuse my requests for class/homework were in violation of the law; Michael was neither Truant or Unlawfully detained from regular attendance at school, the two (2) categories of "unexcused" absences in the State of New York. Michael was entitled to all class/homework for the period October 13, 2005 through and including December 4, 2005.

Commissioner Mills did not respond to my early correspondences mentioned. In fact, Commissioner Mills would over the course of the next year and one-half repeatedly and willfully fail to execute the duties off his office as required by Article 7 of the Education Law of the State of New York to enforce general and special law and hold accountable the City of North Tonawanda School District for its willful refusal to grant Michael Equal Access to Education and Equal Protection of the Laws. Commissioner Mills would in fact become an active participant in denying Michael Equal Access to Education and Equal Protection of the Laws.

United States Congress Recognizes Founding Principles of US Department of Education

I have the rights to, and authority for, the education of Michael, and the United States Congress also specifically recognizes these rights. The various individuals and agencies who have repeatedly attempted to usurp my rights to the education of Michael, have also intentionally suppressed evidence that Michael's rights to Equal Access to Education and Equal Protection of the Laws have been violated.

A "system" determined to oppress the rights of the student and the rights of the parent in education requires immediate investigation and resolution. New methods of accountability and transparency must be initiated to prevent these individuals and agencies from committing such egregious acts of intentional and criminal disregard for the law.

The various individuals and agencies named herein, including the City of North Tonawanda School District, must be held accountable for such flagrancy. A Notice of Declaration and Parent Rights, courtesy of the Texas Justice Foundation, should be placed in your child's permanent "education" record as a first-step toward accountability and transparency. Please visit the Foundation at www.txjf.org. An established link is located to the right of this post. The Laws of the State of Texas should be replaced with appropriate New York State law.

NYSED Commissioner's Rules & Regulations

The Standards: District Codes of Conduct must conform to the Laws of the State of New York and must be filed with the NYSED Commissioner's Office pursuant to NYSED Commissioner's Rules and Regulations and Project SAVE to assure conformity with the Laws of the State of New York.

There are two categories of unexcused absences defined in the Laws of the State of New York: TRUANT or UNLAWFULLY DETAINED. Further defined is that the New York State Education Department requires that when homework has been requested for a student, the class/homework assignments must be immediately prepared within 24 hours of the requested date of the notice.

In my decision to remove Michael from City of North Tonawanda School District, North Tonawanda High School on 12 October, 2005, I complied with the Laws of the State of New York and NT City Schools District Code of Conduct, Attendance Policy (NT City Schools Code of Conduct 2005-2006, Part B: Attendance, p. 11). I also followed the procedure for "MAKE-UP WORK FOR DAYS ABSENT.": "If a parent knows that a student will be absent for an extended period of time, requests may be made to the Attendance Office for work to be sent home. The parent should make arrangements to pick the work up in the attendance Office (Room 120). Allow one (1) day for the work to be gathered and sent to the Attendance Office."(NT City Schools Code of Conduct 2005-2006, p. 9).

The Truths: Principal James V. Fisher, NTHS, upon receiving written communication from me on 13 October 2005, stating in part "...that Michael will not return to school until I am satisfied that this matter has been thoroughly investigated by Administration and the City of North Tonawanda Police Department." (Rebuttal, Case No. 10108712, Exhibit 'C', NYS Division of Human Rights) violated the Laws of the State of New York and NT City Schools District Code of Conduct when he directed Michael's North Tonawanda High School teachers to refuse my requests for class/homework assignments for Michael. Correspondence to Principal Fisher, dated 20 October 2005, inquiring of the reason for this directive went unanswered. I continued to make daily requests for Michael's class/homework assignments even though I was repeatedly denied access to Michael's class/homework. Correspondence to then Superintendent Dr. John George regarding this unlawful denial of equal access to coursework, dated 26 October 2005, went unanswered as well (Rebuttal, Case No. 10108712, Exhibit 'D', NYS Division of Human Rights).

Principal Fisher claims that "...he had been absent from school for three days and schoolwork had been provided to him via the attendance office despite the fact that his absences were, according to Board of Education Policy, unexcused." (Respondent's Affidavit, Case No. 10108712, #29 NYS Division of Human Rights).

The denial of Michael's right to "equal access to education" spanned a period of thirty-five (35) days, commencing October 18, 2005 through and including December 4, 2005, even though North Tonawanda City Schools District could not prove Michael truant or unlawfully detained. Michael clearly received "schoolwork" for October 13 and 14, 2005, because, according to Board of Education Policy, Michael's absences were in fact "excused." On or about October 17, 2005, Michael's formerly "excused" absences are now, allegedly "unexcused" in an effort to "compel" attendance of Michael at school. The now alleged "unexcused" absences would effectively deny me access to Michael's class/homework under City of North Tonawanda School Districts (invalid) policy which states that "We cannot give make-up work for vacations and/or unexcused absences." (NT City Schools Code of Conduct, p. 10).

New York State School Report Cards 2005-2006

WBEN's Dave Debo recently did an analysis of the New York State School Report Card for the school year 2005-2006 (Online Extra: Violence In WNY Schools, August 22, 2007). School superintendents were provided with an opportunity to review and correct summary reports based on this data. Whether or not City of North Tonawanda School District corrected its data submission remains to be known.

Nevertheless, according to the analysis, the City of North Tonawanda School District, North Tonawanda High School, reported 3 bomb threats for the 2005-2006 school year. In a sworn Affidavit on the matter of the State Division of Human Rights Complaint of Rhonda J. Mangus, on behalf of her minor child Michael Mangus, Principal James V. Fisher, NTHS, alleges a series of 6 or 7 bomb threats occurring over a six day period (October 7 through October 12, 2005). Further interesting is the fact that it appears The City of North Tonawanda School District did not report any incident of bullying, harassment, or intimidation of students.

The apparent inaccuracy of the report begs the question: Is the under-reporting simply a mere over-sight or, is the under-reporting intentional in order to present the school as a "safe" school to avoid detection as a persistently dangerous public secondary school and/or disguise the fact that GLBTQ youth are not safe in North Tonawanda City District Schools?

The Standards: In either of the aforementioned, both the Laws of the State of New York and the "NT City Schools District Code of Conduct" affirm the student's right "To have a safe school environment conducive to learning" (North Tonawanda Agenda Planner, 2005-2006, pg. 17). Not "somewhat" or "relatively" safe, but "safe". In the case of Michael, NT City Schools "breached its contract". Michael was not provided a safe environment in which to learn.

Under-reporting by a school district that has a history of improper control procedures to prevent harassment, intimidation, and bullying is a dangerous situation that compromises the safety of ALL district students. As it were, I knew of only one bomb threat, the threat occurring the same day Michael discovered the written death threat in his NTHS day planner.

The Truths: City of North Tonawanda School District Superintendent Dr. John George (retired) and City of North Tonawanda School District Board of Education president Scott Schultz, did not hold Principal James V. Fisher accountable and responsible for, among other matters, his refusal and failure to comply with the Laws of the State of New York and NT City Schools Policies and Regulations to report my complaint of aggravated harassment to local law enforcement. Principal Fisher's alleged excuses for failure to comply with the Laws of the State of New York and NT City Schools Policies and Regulations are his preoccupation with these alleged series of bomb threats, apparently underreported to the New York State Education Department, scheduled meetings and/or activities between 1:10 and 5:00, and for the reason that "Since Mrs. Mangus had already contacted the police in the midst of the school's investigation there was no need for an additional report to be filed with the police." (Respondent's Affidavit Case No. 10108712, pg. 5, # 27, NYS Division of Human Rights).

Principal Fisher (or designee) is required by the Laws of New York and NT City Schools Policies and Regulations to report "as soon as practical, but in no event later than the close of business the day the principal or designee learns of the violation." (North Tonawanda Agenda Planner, 2005-2006, Section 14.4, pg. 21).

According to Principal Fisher's Affidavit "After retrieving his planner at the end of his lunch period (approximately 11:35) Michael reported the situation to Mrs. Vicki Pohlman, a teacher on special assignment as interim assistant principal, during period 6 (approximately 11:40-12:00). When speaking with Mrs. Pohlman, Michael demanded to see me. Mrs. Pohlman reviewed the agenda planner and told Michael that she would relay his concern to me when I was available. Mrs. Pohlman advised Michael to return to class." (Respondent's Affidavit, Case No. 10108712, pg. 3, #14, NYS Division of Human Rights).

Michael reported the "situation" 3 hours before the close of school that day. I am (and putting it mildly) outraged that my child was "advised...to return to class." Principal Fisher's Affidavit, alleges Mrs. Pohlman, an assistant principal on interim assignment. As such she is bound to the same Policies and Regulations of NT City Schools and the Laws of the State of New York in reporting violations of the NT City Schools Code of Conduct by the close of school that day. If Mrs. Pohlman, in her capacity as "interim" assistant principal, was not an appointed "designee", she had the responsibility to direct Michael immediately to such "designee." As important, Mrs. Pohlman failed to telephone me immediately upon learning of the "situation" with Michael. In fact, no "school official" telephoned me. I learned of the "situation" at approximately 11:45 in a telephone call I received from Michael from inside the high school. I arrived at North Tonawanda High School at approximately 12:25 and found my son in a distressed state trying to leave the building through the Science wing.

Fundamental Responsibilities of Parenting

I believe that one of the fundamental responsibilities of a parent is to teach their children that they have rights and how to utilize their rights to facilitate, first and foremost, change within themselves. I also believe in a second fundamental responsibility, the parent's right to preserve the child's rights in education.

These fundamental responsibilities of parenting began to come into play for me on 12 October 2005, a little over one year after my son's "coming out". Michael was barely 13 years of age when he realized he was "different". I now realize the courage it took for him to share his secret with me. At the same time however, I began to grieve the loss of the child I had known. Overnight, Michael went from academic to survival mode (a common response to the harassment, intimidation, and bullying of GLBTQ youth in education). With no appropriate support or proper control procedures in the school setting to prevent the harassment, intimidation, and bullying of Michael, the Michael I knew (thoughtful and happy, keyboard, saxophone and piano player, talented actor, member of school clubs, selected for All County Music Voice 2002, met his proficiency requirement for graduation in a second language (Spanish) in Grade 8, and tested at an IQ of 130 before Grade 8), disappeared into an angry child (which I would much later learn was due to anxiety and depression secondary to stress in school).

I removed Michael from North Tonawanda High School on 12 October 2005, after he discovered a written death threat in his NTHS day planner and after meeting with NTHS principal, James V. Fisher, regarding the death threat in Michael's planner. This was not the first time Michael was subject to violence. In fact, after repeated telephone conversations with various NTHS personnel, including Principal Fisher, the harassment, intimidation, and bullying against Michael was clearly escalating, not deescalating. Listening to Principal Fisher perceive my child as the "problem" and Michael's response of tears was more than I could tolerate. The fact that he was not going to file a report with the local police department as required by NYS Education Law and CNTSD Board of Education Policies and Procedures prompted within me the second fundamental responsibility I hold as parent to Michael, that I have the responsibility of preserving Michael's rights in education. I filed a complaint of aggravated harassment with the City of North Tonawanda Police Department after the close of school that day. The following day I notified NTHS Principal James V. Fisher (copying (retired) Superintendent CNTSD Dr. John George, and CNTPD Juvenile Division) that Michael would not be returned to school until an investigation was completed to my satisfaction by both NTHS Administration and the City of North Tonawanda Police Department. I also requested that he should direct Michael's teachers to prepare coursework for him on a daily basis and that I, or a designee, would pick up Michael's coursework.

The decision to remove Michael from school and the aforementioned requests of Administration and the City of North Tonawanda Police Department forced me into an arena that harbors an insidious side. As we discuss Equality, the Standards and the Truths as it relates to our GLBTQ youth in public education in New York State, I will continue to share my struggle to preserve Michael's rights in education and the consequences to Michael for having the courage to live authentically as a Gay male youth. Michael's story is a telling example of total and criminal disregard for, and the undermining of, the Constitution of the State of New York, the Laws of New York, School District Policies and Regulations, and the rights of the parent and the child in education by numerous state agencies and individuals including, but not limited to: New York State Department of Education, Commissioner of New York State Education Richard P. Mills and NYSED Office of Legal Counsel, City of North Tonawanda School District "school officials" (including former Superintendent John H. George, NTHS Principal James V. Fisher, NTHS Assistant Principal Lisa L. Colburn (aka Home Tutoring Program Supervisor, Director of Guidance Services, and formerly "Principal" of Meadow Elementary School), former "interim" Assistant Principal Victoria Pohlman, Dana Hoffman (Assistant Principal, NTHS), alleged former "School Guidance Counselor" Colleen M. Fisher, School Social Worker Dennis Weiss, Rosemary Fox (Support Services/as of 2006) and former foreign language teacher Dr. Jason Goulah), Board of Education of the City of North Tonawanda School District (Scott A. Schultz, former Board President and Andrew J. Freedman, Esq. CNTSD School Board Attorney/Norton, Radin, Hoover & Freedman), an alleged "FERPA" hearing officer (Colleen A. Sloan, Esq. ERIE 1 BOCES, Labor Relations Manager/New York State Association of School Attorneys 2007 Board of Directors Second Vice President), David A. Hoover, Esq. ERIE 1 BOCES, Director, Labor Relations Services & (upon information and belief ) affiliated with the firm: Norton, Radin, Hoover & Freedman, and has served as an "Impartial Hearing Officer" for the City of North Tonawanda School District, United States Department of Education (Office of Innovation and Improvement (FERPA)), City of North Tonawanda Police Department (Chief of Police Randy Szukala, Detective Karen Smith, Lt. Krantz), State Division of Human Rights, State of New York: Executive Department Commissioner Kumiki Gibson (as of March 2008 dismissed by Governor Paterson without explanation/resigned), Tasha Moore (Regional Director, Buffalo Division) and New York State Division of Human Rights Legal Bureau, Journalist Paul Westmoore, Niagara County District Attorney's Office (Matthew J. Murphy, III, Niagara County District Attorney/as of 2008 Niagara County Judge), Niagara County Department of Social Services Child Protective Services Caseworker Supervisor Mary Lou Woods, and Caseworker Robin Stroud, New York State Office of Children & Family Services, Gladys Carrion, Esq., Commissioner, Richard E. Davidson (Bureau of Special Hearings-NYS OCFS), Jean Greinert (Administrative Law Judge-NYS OCFS), New York State Supreme Court, New York State Court of Appeals, who each individually and collectively would become active participants in denying Michael his Equal Right to Education and his Equal Right to Protection of the Laws, and denying my rights to the care, education, and upbringing of Michael.