Please know that the safety and well-being of our students is our top priority. Cioffi brought this 1983 action claiming defendants abolished his position in retaliation for the November, Full title:LOUIS J. CIOFFI, III, Plaintiff, v. AVERILL PARK CENTRAL SCHOOL DISTRICT, Court:United States District Court, N.D. New York. See Bernheim v. Litt, 79 F.3d 318, 324 (2d Cir.1996) (A public employee's right to freedom of speech is not absolute.). of Educ., 391 U.S. 563, 568, 88 S.Ct. Indeed the record reflects that what occurred on January 22 constituted no more than an informal consensus. It was not until February 26, 2002 when the Board voted in public session, that an official adverse employment action could be said to have occurred. After the hazing was brought to Superintendent Johnson's attention, the School District took certain steps to address it, such as changing supervision protocols in the football locker rooms, seeking the involvement of the New York State Police, and advising parents in the School District that unspecified incidents of sexual harassment and/or hazing had been uncovered. In order to be protected by the First Amendment, speech by a public employee must be regarding a matter of public concern.White Plains Towing Corp. v. Patterson, 991 F.2d 1049, 1058 (2d Cir. In June 1999 he was promoted to a full-time administrative position, Athletic Director and Director of Physical Education (a tenured position). The adverse employment action did not predate the press conference. Home; About Us. 1. Louis J. CIOFFI III, Plaintiff-Appellant, v. AVERILL PARK CENTRAL SCHOOL DISTRICT BOARD OF ED., Averill Park High School, Averill Park Central School District, Thomas P. McGreevy and Michael J. Johnson, Defendants-Appellees. Defendants contend Cioffi cannot use his January 31, 2002 press conference as the basis for his 1983 claim because it came after the Board's informal decision to abolish his position. Kids come to school for so much more than learning. We pass finally to the issue of absolute immunity, or, rather, why we decline to reach that issue. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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, the School Board informally decided to reorganize some administrative positions in order to save money despite the fact there was no real fiscal crisis. Plaintiff's due process claim will be dismissed. The team plays Catholic Central on Friday (3/3/23) SAVE THE DATE! The investigation into Bertram is currently ongoing, though there are not believed to be any other suspects, she said. To withstand a summary judgment motion, sufficient evidence must exist upon which a reasonable jury could return a verdict for the nonmovant.Liberty Lobby, Inc., 477 U.S. at 248-49; Matsushita Elec. Cioffi complained about the way the incident was handled by the School Board, alleging that there was a cover-up to protect Earl. 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. She can be contacted at maryan@wnyt.com or 518-207-4880. 262 Following. 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. 2505. Decided: April 04, 2006 Before: CARDAMONE, POOLER, and RAGGI, Circuit Judges. 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It has 999 students in grades 9th through 12th. We are sick with worry. Nor did we articulate a primary purpose test. These factual disputes preclude granting summary judgment for defendants on the basis of this defense. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). Cioffi brought this 1983 action claiming defendants abolished his position in retaliation for the November 7, 2001 letter and his comments at his press conference. Heath Quiles - Building Principal Main Office: (518) 674-7000 Fax: (518) 674-7046 146 Gettle Road, Averill Park, NY 12018 Attendance: (518) 674-7024 Later that day, as she was sitting home scrolling through Facebook seeing comment after comment about teachers and controversial discussions surrounding kids going back to school in the fall, she decided to write a post of her own. The form and context of the letter and press conference also favor Cioffi. 100-01, in The Complete Works of William Shakespeare 506 (W.J. The Warriors have won eight consecutive Section II Class A. Art Services listings in Albany, NY - Albany, NY Local Aug 2, 2021 Well this was pretty shocking news. On January 31, 2002, after learning of the impending abolition of his position, Cioffi held a press conference during which he expressed his belief that the Board's decision to eliminate his position was in retribution for his criticisms regarding Coach Earl, the football program, and the investigation into the tea-bagging. In total, 20 stories have been published about Averill Park which Ground News has aggregated in the past 3 months. See Salge, 411 F.3d at 188 (noting community's interest in subject matter of plaintiff's speech and fact that speech was made against backdrop of existing community debate). As you are aware, the District does not have any remaining emergency days for the 2022-23 school year. Indus. FACTS. It was just raw, my heart, what I was feeling at that moment, said Deo. 72 Limber Pne, Both specific incidents of speech were employment matters not protected by the First Amendment, rather than matters of public concern entitled to free speech protection. Off Market Homes Near 24 Forest Path Dr. 139 E 2nd St, Whitefish, MT 59937. Although personal interest primarily motivated the speech, the Supreme Court concluded that one of the questions on the questionnaire touched upon a matter of public concern and was thus protected by the First Amendment. Copyright 2023 Nexstar Media Inc. All rights reserved. Defendants' motion for summary judgment is GRANTED; and. Indeed, defendants' portrayal of Cioffi's speech as a don't blame me measure bolsters, rather than diminishes, the public nature of the speech. Any community would be acutely interested in such an incident that constitutes nothing less than a criminal attack on a minor. Find out what's happening at Averill Park Central Schools.Get AP Highlights. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. Our review of the November 7, 2001 letter and January 31, 2002 press conference leads us to conclude that as a matter of law these instances of speech address matters of public concern and are therefore protected by the First Amendment. An investigation determined he had been communicating with a child via cellphone, the release said. A public employee who makes a First Amendment claim of employment retaliation under 1983 must show that: (1) his speech addressed a matter of public concern, (2) he suffered an adverse employment decision, and (3) a causal connection exists between his speech and that adverse employment decision, so that it can be said that the plaintiff's speech was a motivating factor in the adverse employment action. One of the things that people have said to me is thank you so much for saying what were afraid to say, said Deo. Our analysis is content-based and not, as defendants would have it, solely motivation-based. We affirm the district court's judgment insofar as it granted summary judgment in favor of the individual defendants, Johnson and McGreevy, and dismissed plaintiff's complaint against them; we vacate the grant of summary judgment in favor of the School District, Board and other municipal defendants, and remand to the district court for further proceedings consistent with this opinion. 2505; Hale v. Mann, 219 F.3d 61, 71 (2d Cir.2000). In this scenario, a due process violation could occur if the person was not appointed to the new position. Here he received his public school educa tion, graduating from the high school in 1882. Board members were free to change their tentative votes when the official vote occurred a month later. These personal employment conflicts between an employee and his supervisor or his employer do not come close to rising to the level of a constitutional or civil rights claim. 146 Gettle Rd. Other than general complaints he made about Earl over the years from 1994 to early 2002, plaintiff alleges only two specific incidents of speech. Rankin, 483 U.S. at 388, 107 S.Ct. 1993). Neither Cioffi's notice of appeal nor his opening brief discuss, let alone dispute, the district court's holding that absolute legislative immunity protects the two individual defendants from suit. Police say Bertram was arraigned at Nassau Town Court and released on his own recognizance. Penal Law 130.00 (McKinney 2004) (defining sex offenses); id. There does not seem to be a serious dispute that there was an adverse employment decision, abolition of plaintiff's position, so only the first and third elements need be discussed. Rather, he was speaking as a citizen, who also happened to be a public employee, about the circumstances that led to criminal activity in the public school system and the manner in which school officials were responding to that conduct. Defendant Thomas McCreevy ("McCreevy") was a member of the defendant Averill Park Central School District Board of Education ("School Board") from 1992 to June 30, 2002, and was president from 1998 to June 2002. Dist. There is also no indication that the claims in the complaint are made against the individual defendants acting in anything other than their legislative capacities, so there is no exception to immunity. 1684. In other words, although the speaker's overall motivation was personal, that fact was not dispositive.2 If it were, then the Supreme Court's direction that we examine the content, form, and context of a given statement to determine whether it addresses a matter of public concern would be stripped of its meaning and purpose. 99-CV-1729, 2000 WL 381941, at *5 (N.D.N.Y. Defendants admit that both the letter and press conference occurred while a media frenzy ensued around the hazing. Reach Rose at Rose.Schneider@TimesUnion.com. We turn next to defendants' defense that absent Cioffi's letter and press conference, they would have abolished his job anyway. Averill Park High School 146 Gettle Rd, Averill Park, New York | (518) 674-7000 # 6,260 in National Rankings Overall Score 64.91 /100 quick stats Grades 9-12 Total Enrollment 861. Our dedicated and passionate faculty, staff, administration, and board of education, continually strive to accomplish our mission, which is "to meet the needs of and create opportunities for every student every day." Contact us. As athletic director, Cioffi supervised Kevin Earl, the football coach at Averill Park Central High School. Media scrutiny and greater public interest in the hazing escalated in December 2001 when the public learned the details of the tea-bagging-specifically when the hazing victim filed a criminal complaint on December 1, 2001. Most parents arent teachers, but most teachers ARE parents. The district court held that even if Cioffi's speech is protected, there was no causal connection between his speech and the abolition of his position. Its really hard to imagine how were going to replicate those things with desks six feet apart and reduced interaction, said Deo. I just completely wiped out, in my opinion, all of the meaningful parts of my classroom, said Deo. With regard to how the hazing was allowed to occur, in his letter Cioffi discusses perceived defects in the level of oversight and supervision over Earl and the football program leading up to the incident. 2505, 91 L.Ed.2d 202 (1986). 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. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Girls 4x800m Relay Section 1 - Section 1 Kickoff #1 2022. The teacher population of 65 teachers has declined by 18% over five school years. We buy girl scout cookies and boy scout wreaths. Defendant Thomas McCreevy ("McCreevy") was a member of the defendant Averill Park Central School District Board of Education ("School Board") from 1992 to June 30, 2002, and was president from 1998 to June 2002. at 781. Motive may inform our inquiry, see Brennan, 350 F.3d at 413; O'Donnell, 148 F.3d at 1134, but as noted above, even an entirely personal motive in speaking is not dispositive, see Connick, 461 U.S. at 148-49, 103 S.Ct. Dist., 411 F.3d 178 (5th Cir.2005) (holding speech about reasons for school principal's resignation a matter of public concern). Defendant Dr. Michael Johnson ("Johnson") was Superintendent of Schools during the relevant times. A causal connection between the protected speech and the adverse employment decision may be established with direct evidence of retaliatory animus or circumstantial evidence such as temporal proximity. averill park high school - student and educator report [2020 - 21] The Student and Educator Report provides information to the public about students eligible for free or reduced-price lunch; student attendance and suspensions; and school/district average class size, staff counts, and teacher attendance and turnover. Police were not disclosing further information about the victim to protect their identity, Trooper Stephanie O'Neil said Tuesday. A teacher there in 2023 has been accused of sending inappropriate messages to a child under 17. An Averill Park High School teacher is on leave, accused of having inappropriate contact with a child. Also, the employer may avoid liability by demonstrating that it would have taken the same adverse employment action even in the absence of the protected conduct. Mount Healthy City Sch. Although Cioffi sent the November 7 letter privately to Johnson and the Board only, it is not thereby deprived of First Amendment protection. The first time the issue of legislative immunity is raised is in plaintiff's reply brief. We review the district court's grant of summary judgment de novo, viewing the facts in the light most favorable to plaintiff and resolving all factual ambiguities in his favor. After being notified of his arrest Tuesday, the district placed Bertram on administrative leave pending the outcome of the investigation, the statement said. Basic skills, including a foreign language, are taught. 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. Yet the first bringer of unwelcome newsHath but a losing office, William Shakespeare, The Second Part of King Henry the Fourth, act I, sc. along with Vinny Imperati. How much do Averill Park Central School District employees make? In our view, Cioffi has done so. See Chappel v. Montgomery County Fire Prot. We go to sporting events and plays. 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. Peter J. Bertram, 43, of Nassau, was charged with endangering the welfare of a child, a misdemeanor. Bd. Plaintiff continuously complained about how Earl ran the football program, saying that the program was out of control. About Us; Staff; Camps; Scuba. #AP_EveryStudentEveryDay. 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. The National Read Across America Day takes place every year on March 2, Geisels birthday. Co., 475 U.S. at 587. There is no direct evidence of retaliatory animus. Craig ed., Oxford Univ. See Harhay v. Town of Ellington Bd. A Hubbard Broadcasting Company. Indus. 47 6 thatphanom.techno@gmail.com 042-532028 , 042-532027 of Educ., 926 F.2d 505, 509-10 (6th Cir. Geneva courier. Earl has not returned to coaching. Anyone with information related to this case or believe you may also be. Moreover, we are not persuaded as a matter of law that plaintiff was motivated solely by personal interest. He was arraigned in Nassau Town Court and released. We do not accept defendants' position. Co., 475 U.S. at 587. Thus, even viewing the evidence favorable to the plaintiff, the general complaints and the two specific incidents, the November 2001 letter and the January 2002 press conference, involved personal employer/employee matters between plaintiff and defendants, rather than matters of public concern. There has never been a time before when we werent ready to make it ok. We use nights and weekends away from our families to make sure your children feel supported. According to state test scores, 98% of students are at least proficient in math and 99% in reading. 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. Service, 180 F.3d 426, 446-47 (2d Cir.1999) (acts within one month of receipt of deposition notices may be retaliation for initiation of lawsuit more than one year earlier); Grant v. Bethlehem Steel Corp., 622 F.2d 43, 45-46 (2d Cir.1980) (eight month gap between EEOC complaint and retaliatory act suggested causal relationship). Soon after, the district reached out to. See, e.g., Calvit v. Minneapolis Pub. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Corp., 710 F.2d 41, 46 (2d Cir.1983) (That [plaintiff's] speech was made privately, rather than publicly, did not remove it from First Amendment protection.). Though the district and the State Police were not specific with the allegations, it appears that Lenseth was featured on a website named Operation Riptide which monitors online chat rooms for adults looking to talk with children and teens. Id. Earl and all the other football coaches were suspended from coaching football for the 2002-2003 school year. Because plaintiff did not have the required Physical Education Certificate, he could not apply for this new position. All rights reserved. Sept.30, 2004). We're told by both State Police and the Averill Park School District that the victim was not a student at the school. Cioffi v. Averill Park Central School Dist. Rather in this case, the fact of actual public interest further convinces us that Cioffi's communications touch upon matters of public concern. Im not alone. We cannot comment further on the investigation. We do not attempt to determine the outer limits of temporal proximity, nor do we need to. See N.Y. See Hull v. Cayuga Valley Bd. Kenneth Jones - January 18, 2023 In response to the shocking news of Peter J. Bertram's unlawful actions, the Averill Park school district has swiftly taken action, placing the high school science teacher on administrative leave pending the results of the investigation. It provides information to the public on school/district staff, students, and measures of school and district performance as required by the Every Student Succeeds Act (ESSA). The School District, however, failed to inform the parents of the freshman who had been the victim of the assault recited above. Such review further convinces us that his speech addresses matters of public concern. A plaintiff may establish causation indirectly by showing his speech was closely followed in time by the adverse employment decision. The letter was an attempt by plaintiff to avoid personal responsibility for the hazing incident. 2. Because Cioffi did not properly raise the issue on appeal-and as we discuss in more detail in a moment-we need not address whether President McGreevy and Superintendent Johnson, the individual defendants, enjoy absolute legislative immunity. It has 2,655 students in grades K-12 with a student-teacher ratio of 14 to 1. The Supreme Court's forthcoming decision in Garcetti v. Ceballos, cert. This website is not intended for users located within the European Economic Area. See Velez v. Levy, 401 F.3d 75, 95 n. 19 (2d Cir.2005). Therefore, he does not fall into the exception. Kevin Earl ("Earl") was hired by the District in 1994. The stronger we can make the team of people who are involved in a childs education, the better the education is going to be, said Deo. 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. First Amendment Rights of Public Employees. A genuine issue of fact for trial exists when there is sufficient evidence on which a jury could reasonably find for the plaintiff. Id. District officials had no comment except to say that a math teacher was terminated late last week. Over the years, Cioffi had complained to the School Board, previous superintendents, and the current superintendent defendant Johnson about Earl's coaching methods. Averill Park which Ground news has aggregated in the past 3 months our terms of use privacy. V. Catrett, 477 U.S. 317, 323 ( 1986 ) published about Park. Well this was pretty shocking news U.S. 574, 586 ( 1986 ) assault recited above in... 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