The student, a 14-year-old freshman, told Cioffi that he had been tea-bagged by other football players. AVERILL PARK, N.Y. (NEWS10) The Averill Park Central School District has released a tentative plan for reopening school in the fall. The subject of the letter was no mere private employment grievance, but assaultive conduct against a minor that, when publicly disclosed, triggered criminal charges as well as public outcry. To establish causation, a plaintiff must show that the protected speech was a substantial motivating factor in the adverse employment action, Morris, 196 F.3d at 110, and we review the record only to determine whether Cioffi has presented evidence sufficient to raise a triable issue on causation, see Anderson, 477 U.S. at 249, 106 S.Ct. To be sure, while the case before us involves a hazing incident that happens to constitute sexual assault, we do not imply that to be a matter of public concern an event need rise to the level of criminality. The Clerk is directed to enter judgment accordingly. We affirm in part, vacate in part, and remand. This is being required in many districts right now. It was just raw, my heart, what I was feeling at that moment, said Deo. A month later, on February 26, 2002, the Board met in public session to vote on the budget for the upcoming school year. CAPITAL REGION, NY ( News10 )-An Averill Park high school student is arrested after allegedly making a threat against the school. 1395, 161 L.Ed.2d 188 (2005), as to whether the First Amendment protects an employee's purely job-related speech about a matter of public concern expressed pursuant to the duties of employment, does not affect the disposition of this case because the record here establishes that Cioffi's speech was not made strictly pursuant to his duties as a public employee. Official Twitter page of the Averill Park Central School District providing news, information and highlights on our school community. Johnson, 35, allegedly shot and killed the victim, 53-year-old Paul Kutz. I just completely wiped out, in my opinion, all of the meaningful parts of my classroom, said Deo. Cioffi also presented facts disputing the cost benefit to the School District. 04-5593-CV. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Jiminy Peak Mountain Resort, LLC. The incident itself, the deficiencies in adult supervision that allowed it to occur, and the possible insufficiencies of the school's response implicate the health, welfare and safety of young students, all of which are matters of importance to the public. Admission Procedure; Fee Structure; Fee Rules; Admission Enquiry FACTS. Teachers are not supposed to be working right now. When the moving party has met the burden, the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts." The details on the investigation. He was arraigned in Nassau Town Court and released. along with Vinny Imperati. We're told by both State Police and the Averill Park School District that the victim was not a student at the school. The arrest follows other . Averill Park has a 13.9 student teacher ratio Free and Reduced Lunch Percentage Free and Reduced Lunch Percentage in Nearby Cities 0% 50% Averill Park East Greenbush Troy Rensselaer Cherry Plain Watervliet Free and Reduced Lunch Percentage in Averill Park Compared Statewide Averill Park Averill Park According to a Nov. 7 River Grove police report, an Elmwood Park High School student told school officials she had been having "ongoing sexual conversations" with a teacher's aide. New Teacher jobs added daily. See Bogan v. Scott-Harris, 423 U.S. 44, 55 (1998) (finding that official performing budgetary functions is entitled to absolute legislative immunity despite any individual intent or motive). According to state test scores, 73% of students are at least proficient in math and 67% in reading. Facts, inferences therefrom, and ambiguities must be viewed in a light most favorable to the nonmovant. Cioffi ends his letter voicing consternation about the manner in which the Board and school administration conducted the investigation. Such review further convinces us that his speech addresses matters of public concern. Nov 2016 - Mar 20203 years 5 months. Dist. 1999). Fed.R.Civ.P. Plaintiff, a public school teacher, claims he expressed concern about a serious hazing incident to his employer the school board and, as a result, lost his job. Averill Park Central School District Combining the qualities of a rural suburban setting with the added benefit of a strong and vibrant community, the Averill Park Central School District is committed to educating the whole child in a fiscally responsible manner. Dear sister of Teri A. Brooke was an active member of the National Charity League. 1684, 75 L.Ed.2d 708 (1983). There, a public employee distributed a questionnaire to fellow co-workers in order to marshal support for her personal grievance with superiors. latrobe golf club membership fees latrobe golf club membership fees High Sch. Averill Park High School Public 9-12 146 Gettle Rd Averill Park, NY 12018-9799 (518) 674-7000 District: Averill Park Central School District SchoolDigger Rank: 372nd of 1,190 New York High Schools Per Pupil Expenditures: $16,335 Feeder schools for Averill Park High School: Student/teacher ratio: 15.1 Number of students: 923 Immunizations: State Police confirmed that they are investigating Doug Lenseth, 26, who also worked as a substitute teacher in the district, for activities outside of school. Kevin Earl ("Earl") was hired by the District in 1994. Fed.R.Civ.P. Matsushita Elec. The girls basketball team advances to the Section 2, Class A championship game, seeking its 14th Sectional title since 2006. We do not doubt that he spoke partly to protect his job and shift blame to other administrators. Clearly this is an employment matter. We do not attempt to determine the outer limits of temporal proximity, nor do we need to. Next we examine the context in which Cioffi spoke. We want whats best for your kids and OUR kids, too. Others said that he had always been very professional in the classroom. The School District, however, failed to inform the parents of the freshman who had been the victim of the assault recited above. They complained about Earl's coaching of the football team and accused the football players of using performance-enhancing substances. Remember. Art Services listings in Albany, NY - Albany, NY Local Aug 2, 2021 Well this was pretty shocking news. The student-to-teacher ratio is higher than the state average, at 14:1. We did not hold in Ezekwo that when a speaker is motivated by personal interest, that alone takes the speech out of the public sphere. Connick, 461 U.S. at 140, 103 S.Ct. Morris v. Lindau, 196 F.3d 102, 110 (2d Cir.1999). The child was not a student where he teaches, State Police said. Before you spew your negative personal experience with virtual learning from the spring. Averill Park High School is a highly rated, public school located in AVERILL PARK, NY. Anya Tucker - WTEN is digging into this story today, we'll keep you posted on any updates. We now turn to the question of causation. C.Events From December 2001 to February 26, 2002. PublishedJanuary 17, 2023 at 2:52 PM EST, A photo of Peter Bertram from the New York State Police. 1, 131 F.3d 564, 575 (6th Cir.1997). We do not doubt that criminal activity in schools is of social or other concern to communities. Matsushita Elec. The investigation led to an October 12, 2001 interview with a student on the football team. The Supreme Court's forthcoming decision in Garcetti v. Ceballos, cert. Dist., 394 F.3d 121, 124 (2d Cir.2005); Mandell v. County of Suffolk, 316 F.3d 368, 376-77 (2d Cir.2003). She told NEWS10, the unknown is keeping her up at night, as well as the possibility of getting sick or infecting someone else. On January 22, 2002, however, the Board met in an executive session during which there was an informal consensus to abolish Cioffi's athletic director position as part of the budget for the coming year. On this episode of "The Eagle," she talks to Kristi Gustafson Barlette about why she left the station, why she . By working together in a collegial environment, our mission is more than just words, it is what makes Averill Park a special place for students. See home details for 300 Salish Mountains Dr and find similar homes for sale now in Whitefish, MT on Trulia. Therefore, he does not fall into the exception. Defendants would have therefore abolished his position for these budgetary reasons even had he never written the letter or held the press conference. 1878, 128 L.Ed.2d 686 (1994).3. The following facts are not in dispute or are viewed most favorable to the non-moving plaintiff. See id. Even if considered matters of public concern, there was no causal connection established between complaints that occurred over nearly a decade and the eventual abolition of plaintiff's position. In both the letter and press conference plaintiff addresses two issues that are of paramount interest to a community faced with a hazing incident in its schools: first, how the School District allowed such an incident to occur and, second, how the School District conducted its investigation into the hazing. When plaintiff heard that the School Board intended to eliminate his position, he called a press conference. This incident did not involve a student in the Averill Park Central School District. Before you rattle off your ideas about what will work in the fall. The first specific incident of speech alleged is the November 7, 2001, letter to the School Board. Auth., 285 F.3d 201, 212 (2d Cir.2002) ([O]ne would need look no farther than the existence of similar state laws to recognize that safety in the workplace is a matter of public concern.). of Educ., 2004 WL 2202761, at *3-*4 (N.D.N.Y. B. Police say Bertram has been placed on administrative leave. On January 22, 2002, the School Board informally decided to reorganize some administrative positions in order to save money despite the fact there was no real fiscal crisis. IVAbsent Plaintiff's Speech Would Defendants Have Abolished His Position? H. Rose Schneider is a reporter with the rapid response team at the Times Union in Albany, N.Y. In the November 7 letter he states that his overriding concern has been for the health and safety of [the] students, as well as for the school district potentially being held liable for professional misjudgment. Plaintiff reiterated these motivations during his press conference. Understand. 72 Limber Pne, 568, 50 L.Ed.2d 471 (1977). See Connick, 461 U.S. at 148 n. 7, 150 n. 10, 103 S.Ct. Sera Deo, a fourth grade teacher at Miller Hill Elementary, told NEWS10 ABC that removing cozy reading chairs, supply shelves, and beloved book cases was very emotional for her. Shes asking those who are quick to make inconsiderate comments on social media to understand just how anxiety-inducing this situation is for teachers, too. When family members and former colleagues were asked about the allegations, most said they were not surprised. A Highland Park High School teacher has been placed on administrative leave after a video surfaced on social media showing the teacher using "racist and foul" language at the school, according to school officials. Sections of this page. There is no direct evidence of retaliatory animus. Therefore, special arrangements were made for plaintiff to remain in the full-time administrative position of Athletic Director by designating another teacher, Rit Aldi (who had the required Physical Education Certification), as Director of Physical Education with a $1,600 per year stipend. Cioffi v. Averill Park Central School Dist. He acquired his Physical Education Certificate in June 2003, and went to another school district as Director of Athletics and Physical Education in September 2003. 56. But the Averill Park Central School District had learned of alleged behavior by Lenseth outside the classroom which led to his termination last week. During the summer of 2000, Cioffi's criticism of Earl became more public, and newspaper articles and other media coverage appeared regarding the controversy. Here he received his public school educa tion, graduating from the high school in 1882. 3. We examine the content of the speech first, followed by an analysis of its form and context. Here, even if the new position of Director of Physical Education/High School Assistant Principal created by the School Board is considered similar to Athletic Director, plaintiff was not qualified for the new position because he did not have the Physical Education Certificate. The elements of a First Amendment retaliation claim are (1) the speech was constitutionally protected; (2) there was an adverse employment decision; and (3) a causal connection exists between the speech and the adverse employment decision. Indus. Off Market Homes Near 24 Forest Path Dr. 139 E 2nd St, Whitefish, MT 59937. Oral argument was heard on August 27, 2004, in Albany, New York. of Educ., 336 F.3d 185, 192 (2d Cir.2003). With no budgetary crisis, a reasonable jury could find that the defendants would not have taken the same action against Cioffi absent the letter and press conference. It has 999 students in grades 9th through 12th. Bd. 2505; Hale v. Mann, 219 F.3d 61, 71 (2d Cir.2000). Johnson and McGreevy were angry when they received the letters. of Educ., 926 F.2d 505, 509-10 (6th Cir. PHILLIP G. STECK, ESQ., COOPER, ERVING SAVAGE, LLP, Albany, New York, Attorneys for Plaintiff. From 1981 to 1999 Cioffi was a part-time social studies teacher and part-time athletic director for the Averill Park Central School District. 326, 332 (N.D.N.Y. Please try again. These factual disputes preclude granting summary judgment for defendants on the basis of this defense. CIOFFI III v. AVERILL PARK CENTRAL SCHOOL DISTRICT BOARD OF ED. 2891 (The private nature of the statement does not vitiate the status of the statement as addressing a matter of public concern.); Rookard v. Health & Hosps. Anyone with information related to this case or believe you may also be. Just give me a minute to process that fact that everything Ive known about being a teacher and being in a school is different, she said. In his January 31, 2002, press conference statement plaintiff was attempting to save his job, defend his personal reputation, blame the administration for the hazing incident, and complain about his treatment at work. We decline, however, defendants' request to assess sanctions against plaintiff in the form of attorney's fees and costs. A Mittelschule is a secondary school which prepares students for an apprenticeship. We buy girl scout cookies and boy scout wreaths. He said the State Police has been looking into the situation for several days. 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