The Standards: United States Department of Education, The Family Educational Rights and Privacy Act (FERPA); 20 U.S. C. Section 1232g; 34 CFR Part 99 and Section 99.22 What minimum requirements exist for the conduct of a hearing?
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. FERPA also gives parents (or eligible students) certain rights with respect to their child's education records. Parents have the right to inspect and review their child's education records maintained by the school. Parents also have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent (or eligible student) then has the right to a formal hearing. If, after the hearing, the school still decides not to amend the record, the parent has the right to place a statement with the record setting forth his or her view about the contested information. The statement must remain with the contested part of your child's record for as long as the record is maintained. FERPA cannot be used to challenge a grade or an individual's opinion unless it has been inaccurately recorded. Additionally, if FERPA's amendment procedures are not applicable to a parent's request for amendment of education records, the school is not required to hold a hearing under FERPA on the matter.
Under FERPA, Section 99.22 What minimum requirements exist for the conduct of a hearing? "The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing."
The Truths: In correspondence dated 1 March 2006, addressed to Principal James V. Fisher, North Tonawanda High School, I stated that I believe that there is inaccurate information in Michael's education records, the specific information that I believe is inaccurate, the reason I believe such information is inaccurate, and my evidence to support my belief that the information is inaccurate:
"...1. Attendance records for the period October 13 - December 2, 2005 reflect thirty-four (34) un-excused absences.
2. In correspondence to you dated October 12, 2005, you were informed that Michael would not return to school until I was satisfied that the death threat against him was investigated. That Dr. John George (Superintendent of Schools), and Detective Smith (Juvenile Division, North Tonawanda Police Department) were copied on this correspondence.
That in addition to said correspondence, I telephoned the Attendance Office on school days between October and November 2005, indicating that Michael would not be in attendance pursuant to my correspondence to you (you may confirm this with Ms. Yager, Attendance Office).
3. NTCSD failed to prove that Michael's absence was un-excused (unlawful detention and/or truancy).
If you still believe, as stated in your correspondence of February 14, 2006, that "Michael's attendance records...are consistent with NTCSD Board of Education Policy, then FERPA provides that I receive a hearing on this matter. Please inform me in writing as to the date and time of the hearing...." (former Superintendent (Dr. John George), former NTCSD School Board President (Scott Schultz), an alleged Guidance Counselor (Mrs. Colleen Fisher), and Ms. Yager, (Attendance Office), were copied on this correspondence).
On March 2, 2006, I received correspondence from Dr. John George regarding my FERPA Hearing Request. Dr. George advises me that he has "designated our school attorney, Andrew J. Freedman, Esq., to hear the matter. The hearing is scheduled for March 10, 2006 at 10:00 A.M. in the Board of Education conference Room, 175 Humphrey Street, North Tonawanda, New York 14120. You may have an attorney present at your own expense if you so choose.
Thank you.
Sincerely,
John H. George, Ed.D.
Superintendent of Schools"
Dr. George copied Andrew J. Freedman, Esq., Hearing Officer and James V. Fisher, Principal.
By letter dated 2 March 2006 to Dr. John George, I objected to Dr. George's appointment of Andrew J. Freedman Esq. as Hearing Officer under FERPA, Section 99.22 What minimum requirements exist for the conduct of a hearing? By letter dated March 8, 2006, from Susan L. Villiers (North Tonawanda City School District Assistant Superintendent of Administrative Services), Ms. Villiers informed me that "Based on a review of this matter, it was determined that Mr. Freedman, under FERPA, Section 99.22, does not have a direct interest in the outcome of the hearing. However, due to your concern, the District is willing to designate another individual as hearing officer."
Ms. Villiers further informs me that the hearing scheduled for Friday, March 10, 2006 has been postponed, and by letter dated March 15, 2006, Dr. George informs me that he has designated Colleen A. Sloan, Esq. of Erie 1 BOCES to hear the matter on March 21, 2006 at 9:30 a.m. in the Superintendent's Conference Room, 175 Humphrey Street, North Tonawanda, New York 14120. Dr. George goes on to say "You may have an attorney present at your own expense if you so choose."
Thursday, February 21, 2008
Saturday, February 2, 2008
New York State Office of Children & Family Services Proceeds With Charge of Educational Neglect
The Standards: Laws of the State of New York Article 6, Title 6, Section 424(7), which states:
"Duties of the child protective service concerning reports of abuse or maltreatment. Each child protective service shall determine within sixty days, whether the report is "indicated" or "unfounded"."
Administrative Subpoena Duces Tecum to North Tonawanda City School District to produce "Educational records of Michael Mangus including but not limited to Home teaching record for the time frame: September 2005 to the present. Failure to comply with this Subpoena may be punishable as a contempt of Court and make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars.
The Truths: In a Hearing before New York State Office of Children & Family Services Administrative Law Judge Jean Greinert held at Niagara County Building in Niagara Falls, NY this past Friday, February 1st, the witness for New York State Office of Family and Children Services in a charge of "educational neglect" against me, arrived one hour late for a scheduled hearing to begin at 12 Noon. I read my opening statement before Judge Greinert, stating that Judge Greinert had "evidence before her of an egregious and illegal abuse of authority by New York State Office of Family & Children Services and Niagara County Department of Social Services personnel who violated, among other things, the Laws of the State of New York, Article 6, Title 6, Section 424(7), which states the duties of the child protective service concerning reports of abuse or maltreatment. "Each child protective services shall determine within sixty days, whether the report is "indicated" or "unfounded". " The initial report of "educational neglect and inadequate guardianship" was made November 29, 2006, and was not "indicated" until May 8, 2007. (I was able to reverse the charge of "inadequate guardianship" prior to learning that NYS OCFS and Niagara County Department of Social Services had in fact exceeded the statute of limitation and has no legal standing.) I then requested that the matter be promptly expunged and sealed and preserved my right to commence legal action on this matter. I also stated for the record that if New York State Office of Children and Family Services continues with this course of action, that I am requesting an adjournment to subpoena witnesses for examination.
I was not granted an adjournment or an opportunity to subpoena witnesses for examination as Judge Greinert then asked NYS OCFS Attorney Laura Wagner if she was ready to present her case. I entered evidence, twice objected to by Attorney Wagner, that City of North Tonawanda School District defied the Administrative Subpoena Duces Tecum issued by Judge Greinert back on December 5, 2007, to produce all of Michael's educational records and evidence that sources for the charge were unreliable, including "school officials" and a school board attorney. NYS OCFS could not provide evidence that Michael was released by his doctors for regular attendance to school.
Attorney Wagner repeatedly asked leading questions of me, not objected to by Judge Greinert who also gave no indication that she would hold City of North Tonawanda School District in contempt for violating the Subpoena. Judge Greinert did indicate however that she will render her Decision in 2 weeks.
"Duties of the child protective service concerning reports of abuse or maltreatment. Each child protective service shall determine within sixty days, whether the report is "indicated" or "unfounded"."
Administrative Subpoena Duces Tecum to North Tonawanda City School District to produce "Educational records of Michael Mangus including but not limited to Home teaching record for the time frame: September 2005 to the present. Failure to comply with this Subpoena may be punishable as a contempt of Court and make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars.
The Truths: In a Hearing before New York State Office of Children & Family Services Administrative Law Judge Jean Greinert held at Niagara County Building in Niagara Falls, NY this past Friday, February 1st, the witness for New York State Office of Family and Children Services in a charge of "educational neglect" against me, arrived one hour late for a scheduled hearing to begin at 12 Noon. I read my opening statement before Judge Greinert, stating that Judge Greinert had "evidence before her of an egregious and illegal abuse of authority by New York State Office of Family & Children Services and Niagara County Department of Social Services personnel who violated, among other things, the Laws of the State of New York, Article 6, Title 6, Section 424(7), which states the duties of the child protective service concerning reports of abuse or maltreatment. "Each child protective services shall determine within sixty days, whether the report is "indicated" or "unfounded". " The initial report of "educational neglect and inadequate guardianship" was made November 29, 2006, and was not "indicated" until May 8, 2007. (I was able to reverse the charge of "inadequate guardianship" prior to learning that NYS OCFS and Niagara County Department of Social Services had in fact exceeded the statute of limitation and has no legal standing.) I then requested that the matter be promptly expunged and sealed and preserved my right to commence legal action on this matter. I also stated for the record that if New York State Office of Children and Family Services continues with this course of action, that I am requesting an adjournment to subpoena witnesses for examination.
I was not granted an adjournment or an opportunity to subpoena witnesses for examination as Judge Greinert then asked NYS OCFS Attorney Laura Wagner if she was ready to present her case. I entered evidence, twice objected to by Attorney Wagner, that City of North Tonawanda School District defied the Administrative Subpoena Duces Tecum issued by Judge Greinert back on December 5, 2007, to produce all of Michael's educational records and evidence that sources for the charge were unreliable, including "school officials" and a school board attorney. NYS OCFS could not provide evidence that Michael was released by his doctors for regular attendance to school.
Attorney Wagner repeatedly asked leading questions of me, not objected to by Judge Greinert who also gave no indication that she would hold City of North Tonawanda School District in contempt for violating the Subpoena. Judge Greinert did indicate however that she will render her Decision in 2 weeks.
Thursday, January 31, 2008
City of North Tonawanda School District Files Second Charge of Educational Neglect to NYS Office of Children & Family Services
The Standards: Laws of the State of New York Article 6, Section 424(7). Parental Rights to the Care, Education and Upbringing of Their Child(ren), New York State Regents Student Bill of Rights, City of North Tonawanda School District Policy and Procedure (2005-2006), New York State Penal Code 240.50.
The Truths: In November 2005 North Tonawanda High School Principal James V. Fisher filed a false report of Educational Neglect against me when I refused to return Michael to school until Administration performed a complete investigation into the written death threat Michael discovered in his NTHS Day planner and directed toward his sexual orientation and gender expression. Principal Fisher's solution to the death threat against Michael included issuing a directive to Michael's Grade 9 teachers to refuse all requests made by me for class/homework assignments and file a false report to New York State Office of Family and Children Services, Niagara County Department of Social Services division for educational neglect after further and admittingly in SWORN Affidavit of a lengthy conversation with my son's father one week previous to filing the false report claiming "role of father unknown", and holding knowledge of the reasons for Michael's absence from school, as well as the fact that I followed City of North Tonawanda School District Policy and Procedure (which must conform to New York State Commissioner's Rules and Regulations) in the reporting of Michael's absence from school. Principal Fisher's report of educational neglect was determined within sixty days to be "unfounded". In other words, Principal Fisher could provide no credible evidence that I was neglecting Michael educationally, or that Michael was truant or unlawfully detained from attending school.
The Truths: In November 2005 North Tonawanda High School Principal James V. Fisher filed a false report of Educational Neglect against me when I refused to return Michael to school until Administration performed a complete investigation into the written death threat Michael discovered in his NTHS Day planner and directed toward his sexual orientation and gender expression. Principal Fisher's solution to the death threat against Michael included issuing a directive to Michael's Grade 9 teachers to refuse all requests made by me for class/homework assignments and file a false report to New York State Office of Family and Children Services, Niagara County Department of Social Services division for educational neglect after further and admittingly in SWORN Affidavit of a lengthy conversation with my son's father one week previous to filing the false report claiming "role of father unknown", and holding knowledge of the reasons for Michael's absence from school, as well as the fact that I followed City of North Tonawanda School District Policy and Procedure (which must conform to New York State Commissioner's Rules and Regulations) in the reporting of Michael's absence from school. Principal Fisher's report of educational neglect was determined within sixty days to be "unfounded". In other words, Principal Fisher could provide no credible evidence that I was neglecting Michael educationally, or that Michael was truant or unlawfully detained from attending school.
Nevertheless, Principal Fisher over the course of a thirty-five day period continued to refuse my requests for access to coursework for Michael and Michael ultimately was failed to repeat Grade 9 as a result of this action. A 310 Appeal, including a Request for Stay, to Commissioner of Education Mills to grant Michael his legal right to complete coursework and take exams was denied. Further efforts by me to file criminal charges against Principal Fisher for willfully and intentionally filing a false report with New York State Office of Family and Children Services have been prevented by City of North Tonawanda Police Department and former Niagara County District Attorney, Matthew J. Murphy, III.
In this most recent charge allegedly filed by another City of North Tonawanda School District employee in November 2006, charging me with educational neglect and inadequate guardianship, I was able to reverse the charge of inadequate guardianship finding prior to discovering that New York State Office of Family and Children Services had exceeded New York State statute of limitations and in fact has no standing in law to proceed with the Hearing scheduled for this Friday, February 1 at 12 Noon, in Niagara Falls, New York before Administrative Law Judge Jean Greinert for the reason that the Laws of the State of New York Article 6, Section 424(7) states that within sixty days the report is to be "indicated" or "unfounded". Niagara County Department of Social Services caseworker, Robin Stroud, did not "indicate" the report of educational neglect until May 8, 2007, nearly six months after the initial report made by City of North Tonawanda School District personnel.
These recent charges are another attempt by City of North Tonawanda School District to cover-up mal-administrative, negligent and fraudulent responses of Principal James V. Fisher to his responses to the death threat against Michael, complete disregard for parental rights, and complete disregard for medical professionals who have not released Michael for regular attendance to school, as well as to cover-up the mal-administrative, negligent and fraudulent responses of New York State Commissioner of Education Mills, who himself repeatedly failed to execute the duties and responsibilities of his office to protect Michael's rights in education and Michael's right to a safe environment in which to learn.
The school district's continued filing of false charges against me and cover-up for City of North Tonawanda School District personnel by numerous state agencies and individuals remains un-redressed as I continue pro se on these matters.
Friday, January 25, 2008
POST ENTRY: North Tonawanda High School "Administrator" Continues to Jeopardize Safety of Students...
The Standards: Project SAVE and Commissioner's Rules and Regulations 155.17 School District-Wide Safety Plans.
The Truths: A recent post entry by me titled "North Tonawanda High School "Administrator" Continues to Jeopardize Safety of Students, Staff and Visitors" was removed from this BLOG by me for the reason that in re-reading TONAWANDA NEWS reporter Phil Dzikiy's article "NORTH TONAWANDA: Bomb threat at NTHS" conflicting statements were noticed related to the procedure(s) followed during the bomb threat alleged to have occurred 11 January 2008 at North Tonawanda High School. According to a statement by Lieutenant Tom Krantz, "North Tonawanda police checked the school and determined there was no credible threat before children went back to classes,..." This statement by Lieutenant Krantz contradicts North Tonawanda High School Principal Jim Fisher's statement that "The school entered lockdown mode twice, ...""Fisher sent a voice message to all parents of high school students that explained the school was first locked down for the bomb threat,...". "During lockdown, students stay in their classrooms until given further directions, Fisher said."
Nevertheless, lock down procedures are not to be used for a bomb threat occurring or that could occur inside the facility.
Principal Fisher has a well-documented history of negligent responses to violent incidents including under-reporting violent incidents to New York State Education Department and failures to notify local law enforcement upon notification of violent incidents, compromising the safety of students, staff, and visitors. Principal Fisher alleges upon SWORN Affidavit a series of "6 or 7 bomb threats" occurring the period of October 7 through October 12, 2005, where three were reported (one of which North Tonawanda Police Department indicates no report was required/October 12, 2005), which leaves "3 or 4 bomb threats" where no action was taken as required by law. Principal Fisher's mal-administrative and illegal and fraudulent responses to violent incidents remain yet un-redressed. Commissioner of Education Mills, along with numerous state agencies and individuals, has knowledge of these matters and has made every effort to keep all matters closed and un-redressed.
To read TONAWANDA NEWS reporter Phil Dzikiy's article " NORTH TONAWANDA: Bomb threat at NTHS" visit http:www.tonawanda-news.com or contact reporter Phil Dzikiy at 693-100, ext. 114.
To obtain a copy of Emergency Management Operations Plan Quick Reference Guide for North Tonawanda City School District, call or visit City of North Tonawanda School District Administration Building, located at 175 Humphrey Street, N Tonawanda. The publication is free to the public.
The Truths: A recent post entry by me titled "North Tonawanda High School "Administrator" Continues to Jeopardize Safety of Students, Staff and Visitors" was removed from this BLOG by me for the reason that in re-reading TONAWANDA NEWS reporter Phil Dzikiy's article "NORTH TONAWANDA: Bomb threat at NTHS" conflicting statements were noticed related to the procedure(s) followed during the bomb threat alleged to have occurred 11 January 2008 at North Tonawanda High School. According to a statement by Lieutenant Tom Krantz, "North Tonawanda police checked the school and determined there was no credible threat before children went back to classes,..." This statement by Lieutenant Krantz contradicts North Tonawanda High School Principal Jim Fisher's statement that "The school entered lockdown mode twice, ...""Fisher sent a voice message to all parents of high school students that explained the school was first locked down for the bomb threat,...". "During lockdown, students stay in their classrooms until given further directions, Fisher said."
Nevertheless, lock down procedures are not to be used for a bomb threat occurring or that could occur inside the facility.
Principal Fisher has a well-documented history of negligent responses to violent incidents including under-reporting violent incidents to New York State Education Department and failures to notify local law enforcement upon notification of violent incidents, compromising the safety of students, staff, and visitors. Principal Fisher alleges upon SWORN Affidavit a series of "6 or 7 bomb threats" occurring the period of October 7 through October 12, 2005, where three were reported (one of which North Tonawanda Police Department indicates no report was required/October 12, 2005), which leaves "3 or 4 bomb threats" where no action was taken as required by law. Principal Fisher's mal-administrative and illegal and fraudulent responses to violent incidents remain yet un-redressed. Commissioner of Education Mills, along with numerous state agencies and individuals, has knowledge of these matters and has made every effort to keep all matters closed and un-redressed.
To read TONAWANDA NEWS reporter Phil Dzikiy's article " NORTH TONAWANDA: Bomb threat at NTHS" visit http:www.tonawanda-news.com or contact reporter Phil Dzikiy at 693-100, ext. 114.
To obtain a copy of Emergency Management Operations Plan Quick Reference Guide for North Tonawanda City School District, call or visit City of North Tonawanda School District Administration Building, located at 175 Humphrey Street, N Tonawanda. The publication is free to the public.
Saturday, January 19, 2008
North Tonawanda Police Department Refuses to Disclose Whereabouts of NTHS Crime Scene Evidence
The Standards: Freedom of Information Law (FOIL). REQUEST FOR RECORDS.
The Truths: In correspondence dated January 15, 2008 from North Tonawanda City Attorney Shawn P. Nickerson, Attorney Nickerson continues to indicate that NTPD reiterates that they have no photographs of crime scenes taken at North Tonawanda High School in October 2005.
"Dear Ms. Mangus:
Thank you for your letter of December 28, 2007, alledging [sic] that the City is somehow holding back information from your recent FOIL request. Please be advised that the City is not required to keep old information indefinitely, and you have been given all of the information that is still available. Additionally, as we stated in our last letter to you, we did ask the NTPD to re-check their files for the existence of photographs, and they reiterate that they have none.
That being said, we realize that you can come in to view the NTPD Manual for Standard Operating Procedures and Rules and Regulations, and make the copies you need. However, your original request for information did not state that you wanted to come in to review the Manual. You did state, "I am also requesting all documents that describe or reflect the procedures followed by investigating officers on this matter, .......". Therefore, we assumed you wanted a copy of the Manual. We are here during regular business hours if you wish to come in to review the Manual.
Lastly, I am returning your money order, which you alledge [sic] was illegally billed. Since you seem to be testing this office as to the NYS FOIL law, please remit what you think you owe for the documents already provided to you. Then, if you decide to come in to photocopy pages from the Manual, be prepared to pay $.25 per page for whatever you photocopy at the time you come in. I would suggest that you call ahead to make sure that there are no meetings going on so that someone is here when you come in. Lastly, I'm sure you know that the City is not required by law to mail out information requested in FOIL requests, but we have done so as a courtesy.
Very truly yours,
Shawn P. Nickerson/kl
City Attorney"
The City of North Tonawanda Police Department is clearly resisting an explanation of where the photographic evidence is. The FOIL request is not simply for "old information". Again, crime scene(s) evidence cannot be destroyed or disappear without explanation (ie the date of destruction and who authorized the destruction of evidence), and there is documented evidence that photographs of the crime scene(s) were in fact taken by NTPD Captain Detective Hall, Detective Kalota, and Detective Mahoney.
The balance of City Attorney Nickerson's correspondence is self-explanatory and will be addressed accordingly. A "FOIL" Appeal will be directed to City of North Tonawanda Honorable Mayor Soos and Common Council.
The Truths: In correspondence dated January 15, 2008 from North Tonawanda City Attorney Shawn P. Nickerson, Attorney Nickerson continues to indicate that NTPD reiterates that they have no photographs of crime scenes taken at North Tonawanda High School in October 2005.
"Dear Ms. Mangus:
Thank you for your letter of December 28, 2007, alledging [sic] that the City is somehow holding back information from your recent FOIL request. Please be advised that the City is not required to keep old information indefinitely, and you have been given all of the information that is still available. Additionally, as we stated in our last letter to you, we did ask the NTPD to re-check their files for the existence of photographs, and they reiterate that they have none.
That being said, we realize that you can come in to view the NTPD Manual for Standard Operating Procedures and Rules and Regulations, and make the copies you need. However, your original request for information did not state that you wanted to come in to review the Manual. You did state, "I am also requesting all documents that describe or reflect the procedures followed by investigating officers on this matter, .......". Therefore, we assumed you wanted a copy of the Manual. We are here during regular business hours if you wish to come in to review the Manual.
Lastly, I am returning your money order, which you alledge [sic] was illegally billed. Since you seem to be testing this office as to the NYS FOIL law, please remit what you think you owe for the documents already provided to you. Then, if you decide to come in to photocopy pages from the Manual, be prepared to pay $.25 per page for whatever you photocopy at the time you come in. I would suggest that you call ahead to make sure that there are no meetings going on so that someone is here when you come in. Lastly, I'm sure you know that the City is not required by law to mail out information requested in FOIL requests, but we have done so as a courtesy.
Very truly yours,
Shawn P. Nickerson/kl
City Attorney"
The City of North Tonawanda Police Department is clearly resisting an explanation of where the photographic evidence is. The FOIL request is not simply for "old information". Again, crime scene(s) evidence cannot be destroyed or disappear without explanation (ie the date of destruction and who authorized the destruction of evidence), and there is documented evidence that photographs of the crime scene(s) were in fact taken by NTPD Captain Detective Hall, Detective Kalota, and Detective Mahoney.
The balance of City Attorney Nickerson's correspondence is self-explanatory and will be addressed accordingly. A "FOIL" Appeal will be directed to City of North Tonawanda Honorable Mayor Soos and Common Council.
Saturday, December 29, 2007
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.
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 ($11.25/11 pages) and, Assistant City Attorney Sondel fails to provide the name, address and email address, of the person or body to whom an appeal can be directed.
The foregoing information has again been requested by letter dated 28 December 2007 to Assistant City Attorney Sondel; City Attorney Nickerson was copied.
Thursday, December 27, 2007
North Tonawanda City Attorney Shawn Nickerson's Response to "FOIL" Request Fails to Comply With NYS Laws and Procedures
The Standards: An agency is required by law to notify the requester in writing when, among other matters, any part of the "FOIL" request will be denied. Furthermore, if any part of the request is denied, an agency is also required by law to notify the requester in writing the reasons for the denial and provide the name, address and email address of the person or body to whom an appeal should be directed. Additionally, an agency may charge up to twenty-five cents ($.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.
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.
Monday, December 17, 2007
"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."
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."
Saturday, December 1, 2007
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."
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."
Friday, November 23, 2007
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".
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".
Friday, November 9, 2007
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.
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.
Thursday, November 8, 2007
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."
"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."
Thursday, October 25, 2007
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.
"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.
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.
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