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.
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