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".
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