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.
Thursday, October 25, 2007
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.
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.
Saturday, October 13, 2007
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).
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).
Friday, October 5, 2007
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).
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).
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).
Tuesday, October 2, 2007
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.
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.
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