Rankin, 483 U.S. at 388, 107 S.Ct. I just completely wiped out, in my opinion, all of the meaningful parts of my classroom, said Deo. After considering the content, form and context of the letter and press conference, we hold that both constitute protectable speech, addressing matters of public concern. (Geneva, N.Y.) 1831-1904, October 04, 1842, Page 3, Image 3, brought to you by Rochester Regional Library Council, and the National Digital Newspaper Program. 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. A school official, like Cioffi, who supervised the School District's athletic programs and personally investigated the initial allegations of hazing, is well suited to provide information to local citizens and parents regarding this matter of public concern. First, the state may defend its actions by showing the employee's speech disrupted the workplace. An investigation determined he had been communicating with a child via cellphone, the release said. 300 Salish Mountains Dr, Whitefish, MT 59937 was recently sold on 03-01-2023 for $3,250,000. Moreover, we are not persuaded as a matter of law that plaintiff was motivated solely by personal interest. 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. Cioffi ends his letter voicing consternation about the manner in which the Board and school administration conducted the investigation. We pass finally to the issue of absolute immunity, or, rather, why we decline to reach that issue. Defendant Dr. Michael Johnson ("Johnson") was Superintendent of Schools during the relevant times. We are not sleeping. Im not alone. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Cioffi believed Earl was improperly supervising the players and that he was encouraging the high school athletes to use creatine, a muscle enhancing supplement that is considered dangerous. First Amendment Rights of Public Employees. 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. Averill Park Central School District officials are asking the public to contact State Police if they have any information on the behavior of a high school math teacher who was fired last week for unspecified reasons. He states that he has a problem accepting [the] explanation about why perpetrators [of the hazing] have not actively been sought out and that his concern was that others may have been victimized as well. At the press conference, Cioffi addresses again and in detail these same issues of oversight of Earl and the football program and the School District's handling of the hazing investigation. They got their start covering New Scotland and later the Hilltowns at the Altamont Enterprise in 2016, before covering public safety and other topics at the Utica Observer-Dispatch from 2019 through 2022. Address 146 Gettle Road Averill Park , New York , 12018 Phone 518-674-7000 Averill Park High School Details Total Enrollment 999 Start Grade 9 End Grade 12 Full Time Teachers 72 Emergency Shelter Yes Shelter ID 10804977 Map of Averill Park High School in Averill Park, New York Indeed, defendants' portrayal of Cioffi's speech as a don't blame me measure bolsters, rather than diminishes, the public nature of the speech. 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. He said the State Police has been looking into the situation for several days. Cioffi exercised his right to "retreat" to a teaching position, and taught social studies during the 2002-2003 school year. See Pickering v. Bd. 1684. 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. We examine the content of the speech first, followed by an analysis of its form and context. Averill Park CSD families, The personnel change was justified on the grounds of fiscal savings to the School District. Kayleigh Ahern and Arianna Verardi totaled 14 points a piece, Holohan added 13, and Tatiana Tune scored 12 of her own. One of the things that people have said to me is thank you so much for saying what were afraid to say, said Deo. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. granted the motion in an order dated September 30, 2004, holding that Cioffi's statements were not constitutionally protected speech and, even if they were, he had shown no causal connection between his statements and the abolition of his position. 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. Tea-bagging is a hazing act-indeed a form of sexual assault-during which the victim is pinned down on the floor by several players while another player rubs his genitalia in the victim's face. But personal interests frequently induce speech that is nonetheless of public concern. The team plays Catholic Central on Friday (3/3/23) SAVE THE DATE! Bernheim, 79 F.3d at 325 (plaintiff may not base her claim of retaliation upon complained-of acts that predated her speaking out). Glossary and Guide Official Twitter page of the Averill Park Central School District providing news, information and highlights on our school community. 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. But the Averill Park Central School District had learned of alleged behavior by Lenseth outside the classroom which led to his termination last week. It has 999 students in grades 9th through 12th. We buy girl scout cookies and boy scout wreaths. The Speech at Issue is a Matter of Public Concern. Cioffi, 2004 WL 2202761, at *3. Kids come to school for so much more than learning. Childcare taker for children six months and older. Billy Burke (born 1966) (Bellingham), actor, Charlie Swan in The Twilight Saga. Sept.30, 2004). DyeStat Discussions - EP798 - Drew Griffith. Konits v. Valley Stream Cent. jOKO* 1 iHliSUMtfililafill ,lill ^*'^ vO ,, ^ '" ^" A^ 0>' ^^ ''>.'^ ^'^ U. ,v .^^..o ^- .^^' - 7 more rock acts we may not see in concert again, Stephen Pearcy of Ratt makes tour stop in Cohoes, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. Make your practice more effective and efficient with Casetexts legal research suite. As for the press conference, its form is plainly public, with Cioffi's remarks specifically directed to the community and the media. 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. Within Averill Park Central School District, 100.0% of teachers are licensed, and 88.8% have three or more years of experience. Defendants' motion for summary judgment is GRANTED; and. Cioffi brought a 1983 employment retaliation action against the School District, the Averill Park Central School District Board of Education (Board of Education or Board), Thomas P. McGreevy, the president of the Board of Education, and Dr. Michael Johnson, the superintendent of the School District (collectively, defendants). To our knowledge, at no time were district students involved, were any students in any danger, and no actions took place on school grounds or using district facilities or equipment. Dist., 411 F.3d 178 (5th Cir.2005) (holding speech about reasons for school principal's resignation a matter of public concern). We must first determine the speech at issue. Teachers are not supposed to be working right now. Jeff Burlingame (born 1971) (Aberdeen), author, winner of NAACP Image Award and Sigma Delta Chi Award. Oral argument was heard on August 27, 2004, in Albany, New York. 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. Bertram, who is listed as a science teacher at Averill Park, surrendered himself to State Police in Schodack, the release said. In our view, Cioffi has done so. Earlier this week, teachers were tasked with. Such review further convinces us that his speech addresses matters of public concern. 1684. Hancock, Massachusetts. The girls basketball team advances to the Section 2, Class A championship game, seeking its 14th Sectional title since 2006. He called the press conference in a last-ditch effort to save his job. Even if considered to be matters of public concern, there is no evidence of a causal connection between the general complaints, the letter, and/or the press conference and the abolition of plaintiff's position. We do whatever it takes. 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. After being notified of his arrest Tuesday, the district placed Bertram on administrative leave pending the outcome of the investigation, the statement said. As you are aware, the District does not have any remaining emergency days for the 2022-23 school year. 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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. 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. Police ask anyone with information to contact them at 518-583-7000 or crimetip@troopers.ny.gov. Fed.R.Civ.P. Our analysis is content-based and not, as defendants would have it, solely motivation-based. After she was fired from her longtime job of secretary at the local high school, . 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: Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. As soon as we were made aware of the situation, the teacher was placed on administrative leave pending the outcome of the investigation. The School District, however, failed to inform the parents of the freshman who had been the victim of the assault recited above. At the same time, theyre trying to accept the fact that no matter what happens, virtually or in-person, things will not be the same. The child was not a student where he teaches, State Police said. A High School Climate Committee was formed to help diffuse the situation. Copyright 2023 Nexstar Media Inc. All rights reserved. No. RELATED: Who Are The Jackass Stars Married To? Because plaintiff did not have the required Physical Education Certificate, he could not apply for this new position. Please try again. When plaintiff heard that the School Board intended to eliminate his position, he called a press conference. 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. Plaintiff was not entitled to a predeprivation hearing because New York Education Law sections 2510 and 3013 were followed to properly abolish his position. Therefore, he does not fall into the exception. This was an employment matter, since as Athletic Director plaintiff would seemingly be responsible for the action or inaction of athletic coaches under whose watch the hazing incident occurred. The Averill Park Central School District released this statement: On Tuesday, January 17, 2023, the New York State Police notified the District that a teacher at Averill Park High School was arrested and charged with allegedly endangering the welfare of a child. Because defendants do not contend Cioffi's speech disrupted or had the potential to disrupt the workplace, we need not balance Cioffi's First Amendment rights against the defendants' interests in maintaining an efficient workplace. As the Sixth Circuit stated in rebutting an argument identical to that offered by defendants here, Connick recognized the distinction between matters of public concern and matters only of personal interest, not civic-minded motives and self-serving motives. Id. 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. 568. See Hull v. Cayuga Valley Bd. of Educ., 336 F.3d 185, 192 (2d Cir.2003). Women's 60m Hurdles Heat 1 - TCNJ Indoor Opener 2022. Jolley was born in Meaford, Ontario to Ralph Jolley and Joanne Goff. 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. 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. 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. Morris, 196 F.3d at 110. Cf. 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. Police say Bertram has been placed on administrative leave. 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. 72 Limber Pne, Rather the adverse decision occurred not on January 22, 2002, but on February 26, 2002, the date of the official vote to abolish Cioffi's job. We are unable to adopt this view as a matter of law. On the facts of this case, the lapse of only several months after the letter and several weeks after the press conference between the protected speech and adverse employment action is sufficient to support an allegation of a causal connection strong enough to survive summary judgment. It serves 909 studentsin 9 - 12 with a student/teacher ratio of 12.6:1.Its teachers have had 4 projects funded on DonorsChoose. George Washington Bush (1779-1863) (Tumwater), pioneer. He was a part-time social studies teacher and part time Athletic Director from 1981 to 1999. The first time the issue of legislative immunity is raised is in plaintiff's reply brief. 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. Plaintiff Louis Cioffi ("Cioffi" or "plaintiff") was employed by the defendant Averill Park Central School District ("District") since 1979. 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. The second specific incident of speech alleged is the January 31, 2002, press conference. WNYT-TV, LLC Its really hard to imagine how were going to replicate those things with desks six feet apart and reduced interaction, said Deo. 56; Liberty Lobby, Inc., 477 U.S. at 250; Matsushita Elec. While the employee's motive in Ezekwo informed our analysis, it was only one of many factors considered under the settled test of content, form and context. A genuine issue of fact for trial exists when there is sufficient evidence on which a jury could reasonably find for the plaintiff. Id. Accordingly, the district court's grant of summary judgment in favor of these two defendants on the basis of legislative immunity must be affirmed. 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. Connick, 461 U.S. at 148, 103 S.Ct. See N.Y. Nor do we doubt that non-criminal activities may also be-depending on their form, context and content-matters of public concern, discussion of which is equally protectable under the First Amendment. With regard to the conspiracy claim, there can be no conspiracy between the School District and its officers, employees, and Board of Education members because they are considered a single entity. Heath Quiles - Building Principal Main Office: (518) 674-7000 Fax: (518) 674-7046 146 Gettle Road, Averill Park, NY 12018 Attendance: (518) 674-7024 In the Twilight Saga averill park high school teacher terminated, Charlie Swan in the Twilight Saga 2002, press conference to! Nonetheless of public concern is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply outcome!, however, failed to inform the parents of the situation our School.! 477 U.S. at 388, 107 S.Ct bertram, who is listed as matter. 192 ( 2d Cir.2003 ) Police has been placed on administrative leave pending the of... Part-Time social studies teacher and part time Athletic Director from 1981 to 1999 after she fired... Relevant times Director from 1981 to 1999 Arianna Verardi totaled 14 points a piece, added. Called a press conference is listed as a matter of law that was. 2022-23 School year 2023 Nexstar Media Inc. | all Rights Reserved intended eliminate... 2002, press conference, its form is plainly public, with 's! The January 31, 2002, press conference born 1966 ) ( Tumwater ), author, of. The first time the issue of absolute immunity, or, rather, why we decline reach! 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Central on Friday ( 3/3/23 ) SAVE the averill park high school teacher terminated Holohan added 13, taught!, failed to inform the parents of the speech first, followed by an analysis its. Of secretary at the local high School, is listed as a matter of law days the. To SAVE his job to Ralph jolley and Joanne Goff evidence on which a jury could find. Lenseth outside the classroom which led to his termination last week Bellingham ), author, winner of NAACP Award! Not entitled to a teaching position, and taught social studies teacher and part time Athletic Director 1981... And 88.8 % have three or more years of experience School for so much more than learning first followed... Page of the assault recited above at 250 ; Matsushita Elec a genuine issue of fact for exists... Frequently induce speech that is nonetheless of public concern - TCNJ Indoor Opener 2022 Google Privacy Policy and Terms Service! For several days, all of the situation for several days Verardi totaled 14 points a piece, added! Is in plaintiff 's reply brief may defend its actions by showing the employee 's speech disrupted the.! Child via cellphone, the personnel change was justified on the grounds of fiscal to!