09-Sep-l0 08:C37aamse 6F:0ro9m-cv-00943-DNH-DEP Document 19 Filed 09/10/09 PT-a61g8e 1P.o00f322 F-513

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------------)( J.L., a minor child, by his father and
natural guardian, ROBERT SULLIVAN,

09 Cv. 943 (DNH) (ECF CASE)

Plaintiff,

AMENDED COMPLAINT

- against-

JURy DEMAND

MOHAWK CENTRAL SCHOOL DISTRICT; JOYCE CAPUTO, Superintendent of Mohawk Central
School District; EDWARD RINALDO,
Principal of Gregory B. )arvis Junior/Senior High
School; CYNTHIA STOCKER, Equal Opportunity Compliance Officer~

Defendants.
.. ---------------- -.---~----.---------------------.----------------}(
l.L, a minor child, by his father and natural guardian Robert Sullivan, brings tIris civil

rights action to redress the severe, persistent and violent harassment J.L. has experienced at

school based on his sex and sexual orientation in violation ofhis federal and state rights.

PRELThflNARYSTATEMENT

1. This case involves a school disttict's failure to lceep safe one of its students, J.L.,

a founeen-year-old rising ninth grader in the Mohawk Central School District at Gregory B.

Jarvis Junior/Senior High School ("Jarvis HighU). J.L. has been targeted with verbal harassment,

threats and physical violence on account of sex, because he does not confonn to stereotypical

notions ofhow teenage boys should act and appear, and on account ofsexual orientation,

because he is gay. Students have hurled slurs like "pussy~" Ufaggot," "queer," "homo,"

"cocksucker." and "bjtch"; thrown food at, kicked, tripped and shoved J.L.• once causing a

sprained ankle that put J.L. on crutches; and threatened to beat, stab or murder J.L. A student

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once brandished a knife to punctuate the threat and promised to hang his "faggot ass" up the

flagpole. 2.

This harassment is about both J.L's sexual orientation and the fact that he does

not conform to stereotypes about what boys ofhis age should look like and how they should

behave. Both before and after J.L. came out as gay at school, students would tell him to get a sex

change operation because he was so "girly" and aggressively mocked him for dyeing his hair,

wearing eye makeup, and speaking with a higb·pitched voice. After J.L. came out, the level of bullying and threats intensified, particularly by a group of repeat offenders who bave been

allowed by the school to engage in a campaign ofbullying against J.L. without effective

reprimand or discipline. Even teachers have been involved in promoting this climate of

harassment.

3. Despite J.L. and his family members' repeated notice to School District officials

about this situation and the marked toll it has taken on J.L.'s academic success and emotional

state, Defendants have done virtually nothing to ensure that J.L. is educated without fearing for

his personal safety and enduring daily humiliation. Indeedt Defendants have not followed their own established procedures for handling and investigating complaints and for disciplining students involved in the harassment.

4. By the end of the last academic year, J.L. and his parents were so fearful for his

safety that he stopped attending school. School District officials simply raised their hands and

twned their backs on this vulnerable student, encouraging lL. to leave school rather than addressing the harassment directly.
5. Accordingly, Plaintiff seeks a declaratory judgment, preliminary and pemlanent

injunctive relief, and compensatory and punitive damages to remedy violations oftlle Equal

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Protection Clause of the Fourteenth Amendment of the United States Constitution, pursuant to 42

U.S.C. § 1983; Title IX of the Education Amendments of 1972. 20 U.S.C. § 1681 et seq.; Section

296 of the New York Human Rights Law; Sections 40-c and 40-d of the New York Civil Rights

Law; and New York common law.

JURISDICTION AND VENUE

6. This Court has jurisdiction over Plaintiff's claims pursuant to 28 U.S.C. §§ 1331

and 1343 because the matters in controversy arise under the Constitution and laws of the United

States. TItis Court has supplemental jurisdiction over related state law claims under 28 U.S.C. §

1367(a) because those claims arise out oftbe same case or controversy as the federal claims.

7. Venue is proper in this court under 28 U.S.C. § 1391(b) because the events that

give rise to Plaintiff's claims took place in the Northern District ofNew York.

PARTIES

Plaintiff 8.

Plaintiff J.t. is a tourteen-year-old resident ofIierkimer County and a citizen of

the State ofNew York. He has been a student in Mohawk Central School District since

September 2005 and at the Gregory B. Jarvis Junior/Senior High School ("Jarvis High") since

September 2007.

Defendants

9. Defendant MORAWK. CENTRAL SCHOOL DISTRICT is an education

corporation and association in Herkimer County, New York, existing pursuant to New York

Education Law. The School Disniet is a "person" within the meaning of 42 U.S.C. § 1983.

Upon information and belief. the School District and each of its component schools are

recipients offederal financial assistance. The School District is non-sectarian and exempt from

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taxation pursuant to § 408 of New York's real property tax. Jarvis High is a school in the School District.
10. Defendant JOYCE CAPUTO, sued in both her official and individual capacities, is the current Superintendent ofthe School District. Ms. Caputo has been the Superintendent of the School District at all times that J.L has been a srudent there.
11. Defendant EDWARD RINALDO, sued in his official and individual capacities, is the current principal of Jarvis High. Principal Rinaldo has held that position at all times that J.L. has been a student at the school.
12. Defendant CYNTHIA STOCKER, sued in her official and individual capacities,
is the Director of Student Services and the designated Equal Opportunity Compliance Officer for the School District.
STATEMENT OF FACTS J.L. Has Experienced Severe, Pervasive, and Violent Harassment at School
Based on his Sex and Sexual Orientation. 13. Since arriving at Jarvis High, J.L.·s classmates have bullied and harassed him because ofhis sex-specifically his failure to confonn to sex stereotypes about what a boy should look like and how he should behave-and later, after he came out as a gay male, because of his sexual orientation as well.
14. TIlToughOUt his seventh grade year in 2007-2008, J.L. was regularly called "bitch" and "pussy" and on various occasions students told him he should get a sex change operation
because he was so '"girly." 15. Both J.L. and his father separately infonned Principal Rinaldo about these
comments. Principal Rinaldo promised to look into the harassment, but never told J.L. or his father whether he had taken any steps to investigate and respond to these incidents. Upon
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infomlation and beHef, no action was taken to investigate the incident or to address the harassment.
16. Near the end of seventh grade, while J.L. was changing clothes in a locker room
stall after gym class, a group ofstudents accused J.L., in front ofthe rest ofthe gym class, of masturbating to gay pornography in the stall.
17. J.L.·s father reported the incident (0 Principal Rinaldo in person. Principal Rinaldo stated tha.t he would look into the incident. After not hearing back from Principal Rinaldo, J.L.'s father called to follow up. Principal Rmaldo indicated that he had spoken to the students involved, but did not give J.L.'s father any other infomlation. Upon infonnation and belief, no action was taken to investigate the incident further or to address the harassment.
18. Also near the end of that year, a student grabbed J.L. •s iPod from him, stepped on it so that it broke, and threw it over the railing of the school stairs.
19. At the end of J.L.'s seventh grade year, J.L.'s father asked Principal Rinaldo if the school would take steps to address this pattern of harassment. Principal Rinaldo responded that the harassment would resolve itself and stated something to the effect of "boys will be boys."
20. The harassment did not resolve itself. In fact, it escalated. On a regular basis during the following academic year, students continued to harass J.L. because of his sexspecifically his failure to conform to sex stereotypes-by calling him names like "pussy" and "bitch" and teasing him for dyeing his hair, wearing eyeliner, and speaking in a way that was perceived to be effeminate.
21. Students also commonly hurled anti-gay epithets at J.L. such as "gay." "faggot," "homo," and "cocksucker," made obscene gestures at J.L., and spread rumors about him engaging in sexual activity with other male students.
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22. In addition to the verbal harassment, J.L. was subjected to destruction of his property, physical intimidation, and actual violence. Students defaced and destroyed J.L.'s belongings, writing offensive insults on his shoes. and throwing his clothing in a trash can. Students threatened to beat, stab, and even kill J.L. in addition to tripping, shoving, and pushing him, on one occasion causing serious injury.
23. For example, on the first day of the 2008-2009 term, one of J.L.'s classmates shoved him into a row oflockers. .T.L.'s father called Principal Rinaldo, who said he would look in to the incident. Principal Rinaldo never told J.L.'s father whether he took any action regarding this complaint. Upon information and belief, no action was taken to investigate the incident or to address the harassment.
24. Shonly after the first day of school, a student grabbed .T.L.' s cell phone and
stepped on it, breaking it.
25. In October 2008, J.L.'5 lock on his gym. locker was removed along with his clothes. J.L. found his clothes and shoes in a trash can with the word "faggot" and the message
"1 hope you die" written on the shoes.
26. J.L. immediately reported the incident to his gym teacher and his father. J.L.'s
father went to the school to meet with Principal Rinaldo in person and discuss the incident. Principal Rinaldo responded that he could not ~'babysit" every student in the school and promised to replace J.L's stolen gym lock. I.L. was never given a new lock. Upon information and belief, no action was taken to investigate the incident or to address the harassment.
27. That fan, J.L.'s father asked Principal Rinaldo ifhe could change I.L.'s class schedule so that he was not in any classes with one of the students who harassed him most
frequently. Principal Rinaldo refused to consider the request.
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28. In November 2008, a student pushed J.L. down the stairs, which Tesulted in J.L. falling and spraining his ankle.
29. A few weeks later, while J.L. was still on crutches, a student attempted to trip him
in the hallway.
30. lL.'s father reponed this incident to Principal Rinaldo, whose only response was that he would let J.L use the school's elevator because he was injured. Upon information and belief. no action was taken to investigate the incident or to address the harassment.
31. That same month a student whose locker was near J.L.'s pushed the books out of J.L. 's hands and kicked him in the shins. This same student proceeded to refer to lL. as '"faggot" and "cocksucker" throughout the year.
32. Also in November, the same student who tripped J.L. approacbed him in the lunch room and stated something to the effect of, ·'I'm glad your dad has cancer, I hope he dies soon, he's probably a faggot, too, so why don't J go suck him off." After a brief shoving match between the two boys, J.L., understandably angered by this insensitive comment, bit the oilier student. Both students were sent to the principal's office, where J.L. was given a suspension and detention and ordered to eat lunch with his tormenter. Upon information and belief, the other student was Dot punished.
33. In response to these various incidents, J.L. 's father initiated yet another meeting with Principal Rmaldo to discuss a comprehensive plan to ensure J.L.'s safety. At J.L. 's father'S request, Principal Rinaldo agreed to exempt J.L. from the school's no-ceIl-phone policy and to designate a "safe room" for J.L. to go to when he felt unsafe or threatened.
34. Subsequent to tllat meeting, J.L. had his cell phone taken away from him on numerous occasions by school staff despite Principal Rinaldo's promise. Principal Rinaldo told
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J.L.·s tather he would look in to why the school staffwas not allowing lL. to use Ius cell phone.
However, J.L.'s father never heard back from Principal Rinaldo and staff and teachers continued to prevent J.L. from using his phone to call his father throughout the year.
35. J.L. also was prevented from using the "safe room" by teachers who stopped him when he left class and forced him to return rather than proceed to the room.
36. In December 2008, some students pushed 1.L. on the school stairs such that he almost fell over the railing.
37. I.L.'s father, mother, sister, and J.L. met with Principal Rinaldo to discuss this incident. Despite Principal Rinaldo's assurances that he would investigate the incident, he faiJed to respond to repeated requests for infonnation and updates from J.L.'s family. Upon
infonnation and belief, no action was taken to investigate the incident or to address the
harassment. 38. Also that December, Fred Hartm~ J.L's science teacher, pulled J.L. aside in
the hall and told .1.L. he should be ashamed of himself for being gay and said words to the effect
that lL. sholud "hate himself every day until he changed." 39. J.L's father met with Principal Rinaldo to discuss the anti-gay comments Fred
Hartmann made towards J.L. Without investigating, Principal Rinaldo immediately told 1.1.'s father that Mr. Hartmann, a long time teacher at the School, would not have engaged in such behavior. Upon information and belief, no action was taken to investigate the incident or to
discipline Or counsel Mr. Hartmann. 40. J.L. also suffered throughout the school year in the cafeteria, where several
students often threw food at him. On one occasion, a student approached J.L. in the cafeteri~ threw a banana at him and said, ;'here, now you don't need a boyfriend) suck on tbat."
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41. J.L ' s father met with Principal Rinaldo to discuss the problem of students throwing food at J.L. in the cafeteria. In the meeting Principal Rinaldo expres~ed disbelief that this was happening, but J.L.'s father told Principal Rinaldo that there were other students who had witnessed this bullying. Principal Rinaldo responded with words [0 the effect ofuof course his gay friends are going to defend him." Upon information and belief, Principal Rinaldo did not speak to or discipline the students involved in the harassment, who continued to tonnent J.L. by
throwing food at him after that meeting.
42. J.L.' s father also asked Principal Rinaldo to address the incident involving the banana. When IL.'s father went to the school to talk to him, Principal Rinaldo responded that it was not his job to cater to homosexuals. Upon information and belief, no action was taken to investigate the incident or to address the incident.
43. In April 2009, one of J.L. 's most frequent harassers approached J.L. in the lunch room. said words to the effect of "It's Adam and Eve, not Adam and Steve" and "'if you don't die I'll make the world's dream possible," which J.L. understood as a death threat.
44. J.L.'s father reported this incident to Principal Rinaldo and also told him that students often waited outside schoo] to beat up J.1. when he exited. Principal Rinaldo responded that he would look into the issue, but suggested that rather than tell him of these incidents J.L. 's father should inform the police. Upon infonnation and belief, no action was taken to investigate the incident OT to address this harassment.
45. Similarly, in May 2009 a student approached J.L. in technology class and made several comments such as: "lose the makeup, lift weights, lose the faggot voice and stan liking girls" and "you're a disgrace to the human race. Do the world a big favor and die because no one would miss you."
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46. J.L.'s father reponed dus incident to Principal Rinaldo. Upon information and belief, no action was taken to investigate the incident or to address the incident. After that day, the same student repeatedly harassed J.L. and made sexist and anti-gay comments towards him.
47. In June of2009. 1.L.'s mother and sister accompanied him to a concen held in the school. While they were across from the school, on their way to the concert, a student ran up to them making a gesrure as though he was going to hit J.L. and yelled 'i.ell your faggot son to keep away IrOm me" and "when J catch your son alone I'm going to kick his ass."
48. J.L. and his family met with Principal Rinaldo to discuss the incident. Principal Rinaldo stated that there was nothing he could do to address the situation because the incident occurred in the park outside of the school rather than on school property. Upon infonnation and belief, no action was taken to investigate the incident or to address the incident.
49. The harassment culminated on June 5, 2009, when a student, who had been named numerous times in reports to Principal Rinaldo, threatened to kill 1.1. The student brought a knife to school, showed it to J.L. dwing class, and threatened to stab J.L. and string his "faggot ass" up from the flagpole. J.L., afraid for his life) left the school and went borne.
50. Ms. Stocker, the Equal Opportunity Compliance Officer) called J.L.'s father later that day to report that J.L. left the school without permission. J.L.' s father immediately went to the school and spolce to her. Ms. Stocker indicated that despite the death threat against J.L., the school could not take any steps to investigate the situation or protect J.L. because there had not been an incident of actual physical violence. J.L. 's father asked to speak to Principal Rinaldo but was told that Principal Rinaldo knew about the incident but had left school to accompany some students on a field trip.
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51. Despite her responsibilities as Equal Opportunity Compliance Officer, Ms.
Stocker did not take a fonnal complaint regarding this incident, did not initiate a full investigation, and did not issue any findings or infonn J.1. or his family about any response to
this incident. 52. A few days later, lL.'s father went to the school and again insisted on speaking
with Principal Rinaldo about how he planned to protect J.L. from harassment, threats, and
violence. Principa1 Rinaldo admitted that he could not guarantee J.L. 's safety and that the harassment would probably carry over into next year. He told J.L.'s father that home-schooling might be safer than allowing J.L. to continue attending Jarvis High. Principal Rinaldo did not offer any alternative solutions to ensure J.t.'s ability to return to school. At this meeting, Principal Rinaldo and 1.L.'s father agreed that in order to protect his safety, J.L. would not attend school for the remainder of the school year except to take his final exams.
53. J.L. did not attend school for the remainder of the school year except to take his exams, thus missing the last two weeks of school. J.L. Has Suffered Physically. Emotionally, and Academically as a Result of this Pattern of
Severe and Pervasive Harassment 54. Rather than being able to view attending school as a pleasant and safe educational opporruniry, J.L. dreads each day in school because ofthe constant humiliation and fear he experiences as a result of the pattern of severe and pervasive sex and sexual orientation-based harassment alleged above. 55. This pattern of harassment has impaired J.L. 's ability to obtain educational benefits and advancement. J.L.·s grades dropped over the course Ills eighth grade year because of the Defendants' failure to address the escalating harassment.
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56. J.L. also missed many days of class, including missing the last two weeks of class altogether, thus directly impairing his education.
57. Because of the hann to his academic record, J.L. was forced to forgo obtaining a summer job in order [0 attend swnmer school, thus depriving Jilin of a valuable experience and depriving him and his family of income.
58. J.L.'s stepmother had to begin to work a night shift. and J.L.'s father had to miss many medical appointments and meetings in order to transport J.L. to and from the swnmer
school, located in a different town from where J.L.'s family lives.
59. J.L. has also suffered and continues to suffer emotional distress and humiliation because of the harassment he has been forced to endure.
60. lL. has also suffered actual physically injury from being pushed down the stairs,
kicked, and shoved into lockers and other objects by students as part of a pattern of sex and
sexual orientation-based harassment.
61. J.L. also suffered the loss ofhis personal property, including an iPod, a cell
phone, and some clothing, all of which were maliciously destroyed by students as part of that
same pattern ofharassment.
62. Defendants' unlawful and discriminatory acts and omissions were the direct and proximate cause of the hanns alleged herein.
Defendants Have Been Deliberately Indifferent to the Pattern of Severe and Pervasive Harassment Suffered by J.L.
63. Defendants failed to undertake any meaningful investigative, disciplinary, preventative, remedial or corrective measures in response to this pattern of sexist and anti-ga.y harassment against J.L., despite the ability and authority to do so on behalf of the School District.
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This failure to act despite actuallmowledge that 1.L. was being harassed departed from the District's OWll established procedures for dealing with harassment and discrimination.
64. Principal Rinaldo had acmal knowledge that J.L. was suffering from severe and pervasive harassment because he did not conform to sex stereotypes and because he was gay or perceived to be gay. Over the course of the past year alone, J.L:s father called Principal Rinaldo over five rimes and spoke to him in person at least ten times regarding the incidents and threats
alleged above. Additionally, 1.L:s mother and stepmother spoke with Principal Rinaldo at least
six times each over the phone Or in person about these issues.
65. Upon information and belief, Principal Rinaldo has not taken any meaningful or effective steps to address the severe and pervasive sex and sexual orientation-based harassment J.1. bas experienced at Jarvis High.
66. Principal Rinaldo currently has-and has had at all relevant times while J.L. was a student at the School-final policymaking authority for the School District with respect to the
day·to-day enforcement of equal opportunity, anti-harassment, and anti-bullying policies at Jarvis High, including the school's code of conduct. This includes the responsibility to redress complaints of discrimination and harassment, discipline perpetrators, and forward complaints to appropriately designated individuals in the School District.
67. Ms. Stocker had actual notice that J.1. was suffering from harassment because he did not conform to sex stereotypes and because he was gay or perceived to be gay.
68. Upon information and belief, Ms. Stocker has not taken any meaningful or effective steps to address the sex and sexual orientation-based harassment J.L. has experienced at Jarvis l-ligh.
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69. As Compliance Officer, Ms. Stocker is responsible for investigating complaints regarding discriminatory harassment on tbe basis of, among other things, sex and sexual orientation. At all relevant times Ms. Stocker had the duty and authority to investigate complaints ofharassment and issue repons of her findings to the Superintendent.
70. Superintendent Caputo had actual knowledge that J.1. was suffering from severe and pervasive harassment because he did not conform [Q sex stereotypes and because he was gay or perceived to be gay. Over the course of the past year alone, lL.' s parents called Superintendent Caputo at least ten different times when they had not received a response from the school regarding investigations of or responses to incidents ofharassment.
71. According to the School District's Code of Conduct, Superintendent Caputo is responsible for promoting a safe, orderly and stimulating school enviromnent and for reviewing with district administrators the policies of the Board of Education and state and federal laws relating to school operations and management. Superintendent Caputo has the authority to work with district administrators in enforcing the code of conduct and assuring that all claims of harassment are resolved promptly and fairly. Ms. Caputo is also responsible for creating instructional programs that decrease instances of misconduct and are sensitive to student and teacher needs.
72. Upon infomlation and belief, Superintendent Caputo had the ability and authority to take corrective action on behalf of the School District to stop the discrimination and harassment of J.L., to discipline perpetrators of such discrimination and harassment and to forward his complaints ofharassment to the appropriately designated individuals.
73. The School District's "Discriminatory Harassment Complaint Procedure" requires the School District to publish a Statement of Nondiscrimination in the staff and student
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handbooks and newsletters, as well as to post it in appropriate locations. The Statement of Nondiscrimination is to explain the District's anti·discrimination policies and procedures, explain complaint procedures, and provide the name, address. and telephone number of the districes Equal Opportunity Compliance Officer.
74. Defendants failed to include any of this information in the School's ParentStudent handbook and, upon information and belief. failed to make it available to parents and srudents through any other means.
75. Despite repeated complaints to District officials about the harassment lL. was experiencing, neither J.L. nor his parents were ever informed of the existence of Ms. Stocker, the School's Equal Opportunity Compliance Officer, prior to the day she phoned J.L.'s father on June 5, 2008, nor were they told that an anti-harassment policy and grievance procedure existed.
76. Upon information and belief. Defendants never forwarded the complaints about
harassment of J.L. to the School District's designated Compliance Officer as required by
Superintendent Policy #7531, "·Sexual Harassment of Students." 77. The School District's anti-harassment policy also requires the Compliance Officer
to consult with the Superintendent and/or counsel upon receiving a verbal or written complaint of discriminatory harassment.
78. Upon information and belief, neither Principal Rinaldo nor Compliance Officer Stocker consulted with Superintendent Caputo regarding incidents of harassment of J.L. at the appropriate times.
79. The School District's anti-harassment policy requires the Compliance Officer to interview all relevant persons involved in a complaint of harassment, ""including the complainant. the accused, eyewimesses. and potential corroborating witnesses."
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80. At no time during the year did any school official ever interview J.L. about any of the reported incidents ofharassment for the purpose of investigating those incidents.
81. Many of J.L.'s classmates who witnessed incidents of harassment and threats against J.L. were never interviewed as witnesses by any school official.
82. At the end of an investigation into an allegation of discrimination or harassment, the Compliance Officer is required to draft a final report that is issued to the Superintendent.
After it is determined whether the complaint is valid, the Anti-Harassment Policy requires the
School District to notify the complainant of the results of the investigation and of any remedial action taken.
83. Despite repeatedly asking Defendants for a response to his complaints, neither
J.L. nor his family was ever informed whether any investigation was undertaken, the results of
any such investigation, or whether any remedial action was taken. 84. Upon information and belief, the acts and omissions of discrimination and
harassment committed by School District employees alleged herein reflected, and were made pursuant to, policies and practices of the School District. These acts and omissions were sufficiently persistent so as to constitute a custom of the School District with the force of and were so manifest to imply the acquiescence of senior policy-making officials.
85. Upon information and belief, neither the School District nor any of the School Disnict's officials, policy makers, administrators, or other employees provided, at any time relevant to this Complaint, appropriate training to administrators, faculty, or staff with respect to discrimination, harassment, or bullying based on sex or sexual orientation. This failure has occurred despite actual knowledge by relevant policy makers, officials, administrators, and employees of the prevalence of sexist and anti-gay discrimination and harassment by School
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District students and employees. The failure to provide training is a direct and proximate cause
of the School Districl's employees' discrimination againsl and harassment of J.L. and their
failure to adequately address the harassment against him perpetrated by others.
86. At all relevant times all Defendants were acting under color of state law. At all
relevant times the Defendants who are employees the School District were acting within the scope of their employment.
JURy DEMAND
87. Plaintiff demands a trial by jury on all issues pursuant to the Seventh Amendment
to the United States Constitution and Rule 38 of the Federal Rules of Civil Procedure. FIRST CLAIM FOR RELIEF
U.S. Constitution Amendment XIV Denial of EquaJ Protection on the Basis of Sex and Sexual Orientation (Brought by It. Pursuanl to 42 U.S.C. § 1983 Against the School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker in their official and individual capacities) 1. TIle acts and omissions of the Defendants, described above, violated J.L. 's clearly established rights under the Equal Protection Clause ofthe Fourteenth Amendment to the United States Constitution.
SECOND CLAIM FOR RELIEF
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
Discrimination Based on Sex
(Brought by J.L. Against the Mohawk Central School District) 2. The acts and omissions by the School Disttict, described above, violated J.L. 's rights under Title IX by discriminating against him on the basis of sex.
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OB-Sep-tO 08:C44aamse 6F:0ro9m-cv-00943-DNH-DEP Document 19 Filed 09/10/09 PT-a62g0e 1P8.02o0f/02232 F-513
THIRD CLAIM FOR RELIEF New York Human Rights Law, New Yorl~ Executive Law § 296(4)
Discrimination on the Basis of Sex and Sexual Orientation
(Brought by J.L Against the Mohawk Central School District)
3. The acts and omissions of the School District, described above, denied J.L. the use of School District facilities and pennitted harassment on him On the basis of sex and sexua1 orientation, in violation of New York Human Rights Law § 296(4).
4. Plaintiffhas complied with the requirements of General Municipal Law § SO-e and Education Law § 3813 by serving a notice of claim upon Defendants on August 11,2009, which claim. Defendants have failed to adjust or pay.
FOURTH CLAIM FOR RELIEF New Yori{ Human Rights Law, New York Executive Law § 296(6)
Discrimination on the Basis of Sex and Sexual Orientation (Brought by J.L. Against Superintendent Caputo, Principal Rinaldo, and Ms. Stocker in
their individual capacities)
5. The acts and omissions ofthe individual Defendants. described above, aided. abetted, incited, compelled and/or coerced tbe harassment of J.L. on the basis of sex and sexual orientation, in violation of New York Human Rights Law § 296(6).
6. Plaintiff has complied with the requirements of General Municipal Law § 50-e and Education Law § 3813 by serving a notice of claim. upon Defendants on August 11,2009, which claim Defendants have failed to adjust or pay.
FIFTH CLAIM FOR RELIEF New York Civil Rights Law §§ 40-c and 40-d Discrimination on the Basis of Sex and Sexual Orientation
IS

09-SBP-IO 08:4C4aamse 6F:r0om9--cv-00943-DNH-DEP Document 19 Filed 09/10/09 TP-6aZg0e 1P9.OZoI/fO2Z32 F-513
(Brought by J.L. Pursuant to the New York Human Rights Law Against Mohawk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker in their individual capacities)
7. The acts and omissions of the Defendants, described above, subjected J.L. to discrimination on the basis of sex and sexual orientation in violation ofNew York Civil RightS
Law §40-c.
8. The acts and omissions ofthe individual Defendants, described above, aided and incited unlawful discrimination by others against J.L. on the basis of sex and sexual orientation
in violation ofNew York Civil Rights Law § 40-d.
9. Plaintiffhas complied with the requirements of New York Civil Rights Law § 40-
d by serving notice upon the state attorney general. 10. Plaintiffhas complied with the requiremen1s of General Municipal Law § 50-e
and Education Law § 3813 by serving a notice of claim upon Defendants on August 11, 2009, which claim Defendants have failed to adjust or pay.
SIXTH CLAIM FOR RELIEF Negligent Supervision
(Brought by l.L. Pursuant to New York law Against Mohawk Central School District, Superintendent Caputo, Principal Rinaldo) and Ms. Stocker in their individual capacities)
11. At all times the Defendants had a duty to exercise the same degree of care over the pupils, including J.L., under its control as would a reasonably prudent parent.
12. The acts and omissions of Defendants) described above) breached that duty.
13. As a result, J.L. suffered the injuries described above.
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14. Plaintiffhas complied with the requirements of General Municipal Law § 50-e and Education Law § 3813 by serving a notice of claim upon Defendants on August 11, 2009, which claim Defendants have failed to adjust or pay.
REQUEST FOR RELIEF WHEREFORE, Plaintiff J.L. requests judgment in his favor and requests relief against Defendants as follows: 1. A declaration that the Defendants violated J.L.·s legal rights. 2. A pennanent injunction requiring the Mohawk Central School District to take appropriate steps to remedy the deprivation of J.L. 's rights; 3. An immediate preliminary injunction to ensure J.L.' s safety and ability to receive educational services prior to the commencement of school on September 8~ 2009; 4. Compensatory damages against defendants Mohawk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker for violations ofthe Fourteenth Amendment to the U.S. Constitution; 5. Compensatory damages against defendant Mohawk Central School District for violations ofTitle IX of the Education Amendments of 1972. 20 U.S.C. § 1681 et seq.; 6. Compensatory damages and other appropriate relief against defendants Mohawk Central School Disnict, Superintendent Caputo. Principal Rinaldo. and Ms. Stocker for violations ofthe New Yorlc Htunan Rights Law; 7. Statutory damages against defendants MohaWk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker for violations of the New York Civil Rights Law;
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09-SIP-to 08:C49aamse 6F:r0om9--cv-00943-DNH-DEP Document 19 Filed 09/10/09 TP-6aZgZe 2P1.OZo3f/02Z32 F-5t3
8. Compensatory damages against defendant Mohawk Central School Disnict for violations ofNew York common law;
9. Punitive damages against defendant Mohawk Central School District for violations ofNew York common law;
10. Punitive damages against defendants Superintendent Caputo, Principal Rinaldo, and Ms. Stocker for violations of the Equal Protection Clause ofthe Fourteenth Amendment to the U.S. Constitution;
11. Attorney's fees and costs incurred in the prosecution oftbis action pursuant to, infer alia. 42 U.S.C. § 1988 and other applicable laws;
12. Any other relief the coun may deem just and proper.
Corey Stou ton (Bar Roll No. 513810) Ami Sanghvi (Bar Roll No. 602907) Matthew Faiella (Bar Roll No. 602905) Naomi R. Shatz (Bar Roll No. 602906) Arthur Eisenberg (Bar Roll No. 101576) Cluis Dunn (Bar Roll No. 513828) Allorneysfor Plaintiff NEW YORK CNIL LffiERTlES UNION FOUNDATION 125 Broad St., 19th Floor New York, N.Y. 10004 Tel: (212) 607-3300 Fax: (212) 607·3326
Dated; September 10, 2009 New York, NY
11

D9-Sep-1D 08C:37aasme 6:F0ro9m--cv-00943-DNH-DEP Document 19 Filed 09/10/09 PTa-SgIBe 22P.0o02f 22 F-513

NYCLU
NEW YORK CIVIL LIBERTIES IINION

125 Broad Street New;York. NY 10004 1212} 607 3300 Fax 12121 S07 331 B wwW.llyclu.org

Noomi R. Shotz Siaff AtlOmey 212.607.3376
nshlltZ@nyclu.org

VIA FACSIMILE ONLY

September 10, 2009

Honorable David N. Hurd U.S. District Coun
10 Broad Street, Room 300 Utica, NY 13501 Facsimile: (315) 793-8034

Re: J.L. v. Mohawk Central School District, et al. 09-CV-943 (DNHlDEP)

Dear Judge Hurd:

The plaintiff in the above mentioned case hereby files his Amended Complaint, which was agreed to by the defendants as noted in the parties' September 9,2009 stipulation.

Pursuant to your August 19. 2009 order sealing this case, we are filing this amended complaint by facsimile only.

Sincerely,
~JVtn3
Naomi R. Shatz, Esq.

Ene.
ce. Eric Wilson and Miles Lawlor, counsel for Defendants, by facsimile only
I I ThB New Yorl:. Affiliate of the AlIIsril:an Cjltjlliberties Union Thomas Frev. President Donnll Lieberman, Executive Director

 </s> Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 1 of 21

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------- X J.L., a minor child, by his father and natural guardian, ROBERT SULLIVAN,

09 Civ.

( ) (ECF CASE)

Plaintiff,

COMPLAINT

- against -
MOHAWK CENTRAL SCHOOL DISTRICT; JOYCE CAPUTO, Superintendent of Mohawk Central School District; EDWARD RINALDO, Principal of Gregory B. Jarvis Junior/Senior High School; CYNTHIA STOCKER, Equal Opportunity Compliance Officer,

ORDER TO SHOW CAUSE REQUESTED
JURY DEMAND

Defendants. ------------------------------------------------------------------- X

J.L., a minor child, by his father and natural guardian Robert Sullivan, brings this civil

rights action to redress the severe, persistent and violent harassment J.L. has experienced at

school based on his sex and sexual orientation in violation of his federal and state rights.

PRELIMINARY STATEMENT

1. This case involves a school district’s failure to keep safe one of its students, J.L.,

a fourteen-year-old rising ninth grader in the Mohawk Central School District at Gregory B.

Jarvis Junior/Senior High School (“Jarvis High”). J.L. has been targeted with verbal harassment,

threats and physical violence on account of sex, because he does not conform to stereotypical

notions of how teenage boys should act and appear, and on account of sexual orientation,

because he is gay. Students have hurled slurs like “pussy,” “faggot,” “queer,” “homo,”

“cocksucker,” and “bitch”; thrown food at, kicked, tripped and shoved J.L., once causing a

sprained ankle that put J.L. on crutches; and threatened to beat, stab or murder J.L. A student

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 2 of 21
once brandished a knife to punctuate the threat and promised to hang his “faggot ass” up the flagpole.
2. This harassment is about both J.L.’s sexual orientation and the fact that he does not conform to stereotypes about what boys of his age should look like and how they should behave. Both before and after J.L. came out as gay at school, students would tell him to get a sex change operation because he was so “girly” and aggressively mocked him for dyeing his hair, wearing eye makeup, and speaking with a high-pitched voice. After J.L. came out, the level of bullying and threats intensified, particularly by a group of repeat offenders who have been allowed by the school to engage in a campaign of bullying against J.L. without effective reprimand or discipline. Even teachers have been involved in promoting this climate of harassment.
3. Despite J.L. and his family members’ repeated notice to School District officials about this situation and the marked toll it has taken on J.L.’s academic success and emotional state, Defendants have done virtually nothing to ensure that J.L. is educated without fearing for his personal safety and enduring daily humiliation. Indeed, Defendants have not followed their own established procedures for handling and investigating complaints and for disciplining students involved in the harassment.
4. By the end of the last academic year, J.L. and his parents were so fearful for his safety that he stopped attending school. School District officials simply raised their hands and turned their backs on this vulnerable student, encouraging J.L. to leave school rather than addressing the harassment directly.
5. Accordingly, Plaintiff seeks a declaratory judgment, preliminary and permanent injunctive relief, and compensatory and punitive damages to remedy violations of the Equal
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Protection Clause of the Fourteenth Amendment of the United States Constitution, pursuant to 42 U.S.C. § 1983; Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; Section 296 of the New York Human Rights Law; Sections 40-c and 40-d of the New York Civil Rights Law; and New York common law.
JURISDICTION AND VENUE 6. This Court has jurisdiction over Plaintiff’s claims pursuant to 28 U.S.C. §§ 1331 and 1343 because the matters in controversy arise under the Constitution and laws of the United States. This Court has supplemental jurisdiction over related state law claims under 28 U.S.C. § 1367(a) because those claims arise out of the same case or controversy as the federal claims. 7. Venue is proper in this court under 28 U.S.C. § 1391(b) because the events that give rise to Plaintiff’s claims took place in the Northern District of New York.
PARTIES Plaintiff
8. Plaintiff J.L. is a fourteen-year-old resident of Herkimer County and a citizen of the State of New York. He has been a student in Mohawk Central School District since September 2005 and at the Gregory B. Jarvis Junior/Senior High School (“Jarvis High”) since September 2007. Defendants
9. Defendant MOHAWK CENTRAL SCHOOL DISTRICT is an education corporation and association in Herkimer County, New York, existing pursuant to New York Education Law. The School District is a “person” within the meaning of 42 U.S.C. § 1983. Upon information and belief, the School District and each of its component schools are recipients of federal financial assistance. The School District is non-sectarian and exempt from
3

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taxation pursuant to § 408 of New York’s real property tax. Jarvis High is a school in the School District.
10. Defendant JOYCE CAPUTO, sued in both her official and individual capacities, is the current Superintendent of the School District. Ms. Caputo has been the Superintendent of the School District at all times that J.L. has been a student there.
11. Defendant EDWARD RINALDO, sued in his official and individual capacities, is the current principal of Jarvis High. Principal Rinaldo has held that position at all times that J.L. has been a student at the school.
12. Defendant CYNTHIA STOCKER, sued in her official and individual capacities, is the Director of Student Services and the designated Equal Opportunity Compliance Officer for the School District.
STATEMENT OF FACTS J.L. Has Experienced Severe, Pervasive, and Violent Harassment at School
Based on his Sex and Sexual Orientation. 13. Since arriving at Jarvis High, J.L.’s classmates have bullied and harassed him because of his sex—specifically his failure to conform to sex stereotypes about what a boy should look like and how he should behave—and later, after he came out as a gay male, because of his sexual orientation as well. 14. Throughout his seventh grade year in 2007-2008, J.L. was regularly called “bitch” and “pussy” and on various occasions students told him he should get a sex change operation because he was so “girly.” 15. Both J.L. and his father separately informed Principal Rinaldo about these comments. Principal Rinaldo promised to look into the harassment, but never told J.L. or his father whether he had taken any steps to investigate and respond to these incidents. Upon
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Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 5 of 21
information and belief, no action was taken to investigate the incident or to address the harassment.
16. Near the end of seventh grade, while J.L. was changing clothes in a locker room stall after gym class, a group of students accused J.L., in front of the rest of the gym class, of masturbating to gay pornography in the stall.
17. J.L.’s father reported the incident to Principal Rinaldo in person. Principal Rinaldo stated that he would look into the incident. After not hearing back from Principal Rinaldo, J.L.’s father called to follow up. Principal Rinaldo indicated that he had spoken to the students involved, but did not give J.L.’s father any other information. Upon information and belief, no action was taken to investigate the incident further or to address the harassment.
18. Also near the end of that year, a student grabbed J.L.’s iPod from him, stepped on it so that it broke, and threw it over the railing of the school stairs.
19. At the end of J.L.’s seventh grade year, J.L.’s father asked Principal Rinaldo if the school would take steps to address this pattern of harassment. Principal Rinaldo responded that the harassment would resolve itself and stated something to the effect of “boys will be boys.”
20. The harassment did not resolve itself. In fact, it escalated. On a regular basis during the following academic year, students continued to harass J.L. because of his sex— specifically his failure to conform to sex stereotypes—by calling him names like “pussy” and “bitch” and teasing him for dyeing his hair, wearing eyeliner, and speaking in a way that was perceived to be effeminate.
21. Students also commonly hurled anti-gay epithets at J.L. such as “gay,” “faggot,” “homo,” and “cocksucker,” made obscene gestures at J.L., and spread rumors about him engaging in sexual activity with other male students.
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22. In addition to the verbal harassment, J.L. was subjected to destruction of his property, physical intimidation, and actual violence. Students defaced and destroyed J.L.’s belongings, writing offensive insults on his shoes, and throwing his clothing in a trash can. Students threatened to beat, stab, and even kill J.L. in addition to tripping, shoving, and pushing him, on one occasion causing serious injury.
23. For example, on the first day of the 2008-2009 term, one of J.L.’s classmates shoved him into a row of lockers. J.L.’s father called Principal Rinaldo, who said he would look in to the incident. Principal Rinaldo never told J.L.’s father whether he took any action regarding this complaint. Upon information and belief, no action was taken to investigate the incident or to address the harassment.
24. Shortly after the first day of school, a student grabbed J.L.’s cell phone and stepped on it, breaking it.
25. In October 2008, J.L.’s lock on his gym locker was removed along with his clothes. J.L. found his clothes and shoes in a trash can with the word “faggot” and the message “I hope you die” written on the shoes.
26. J.L. immediately reported the incident to his gym teacher and his father. J.L.’s father went to the school to meet with Principal Rinaldo in person and discuss the incident. Principal Rinaldo responded that he could not “babysit” every student in the school and promised to replace J.L’s stolen gym lock. J.L. was never given a new lock. Upon information and belief, no action was taken to investigate the incident or to address the harassment.
27. That fall, J.L.’s father asked Principal Rinaldo if he could change J.L.’s class schedule so that he was not in any classes with one of the students who harassed him most frequently. Principal Rinaldo refused to consider the request.
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28. In November 2008, a student pushed J.L. down the stairs, which resulted in J.L. falling and spraining his ankle.
29. A few weeks later, while J.L. was still on crutches, a student attempted to trip him in the hallway.
30. J.L.’s father reported this incident to Principal Rinaldo, whose only response was that he would let J.L. use the school’s elevator because he was injured. Upon information and belief, no action was taken to investigate the incident or to address the harassment.
31. That same month a student whose locker was near J.L.’s pushed the books out of J.L.’s hands and kicked him in the shins. This same student proceeded to refer to J.L. as “faggot” and “cocksucker” throughout the year.
32. Also in November, the same student who tripped J.L. approached him in the lunch room and stated something to the effect of, “I’m glad your dad has cancer, I hope he dies soon, he’s probably a faggot, too, so why don’t I go suck him off.” After a brief shoving match between the two boys, J.L., understandably angered by this insensitive comment, hit the other student. Both students were sent to the principal’s office, where J.L. was given a suspension and detention and ordered to eat lunch with his tormenter. Upon information and belief, the other student was not punished.
33. In response to these various incidents, J.L.’s father initiated yet another meeting with Principal Rinaldo to discuss a comprehensive plan to ensure J.L.’s safety. At J.L.’s father’s request, Principal Rinaldo agreed to exempt J.L. from the school’s no-cell-phone policy and to designate a “safe room” for J.L. to go to when he felt unsafe or threatened.
34. Subsequent to that meeting, J.L. had his cell phone taken away from him on numerous occasions by school staff despite Principal Rinaldo’s promise. Principal Rinaldo told
7

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 8 of 21
J.L.’s father he would look in to why the school staff was not allowing J.L. to use his cell phone. However, J.L.’s father never heard back from Principal Rinaldo and staff and teachers continued to prevent J.L. from using his phone to call his father throughout the year.
35. J.L. also was prevented from using the “safe room” by teachers who stopped him when he left class and forced him to return rather than proceed to the room.
36. In December 2008, some students pushed J.L. on the school stairs such that he almost fell over the railing.
37. J.L.’s father, mother, sister, and J.L. met with Principal Rinaldo to discuss this incident. Despite Principal Rinaldo’s assurances that he would investigate the incident, he failed to respond to repeated requests for information and updates from J.L.’s family. Upon information and belief, no action was taken to investigate the incident or to address the harassment.
38. Also that December, Fred Hartmann, J.L.’s science teacher, pulled J.L. aside in the hall and told J.L. he should be ashamed of himself for being gay and said words to the effect that J.L. should “hate himself every day until he changed.”
39. J.L.’s father met with Principal Rinaldo to discuss the anti-gay comments Fred Hartmann made towards J.L. Without investigating, Principal Rinaldo immediately told J.L.’s father that Mr. Hartmann, a long time teacher at the School, would not have engaged in such behavior. Upon information and belief, no action was taken to investigate the incident or to discipline or counsel Mr. Hartmann.
40. J.L. also suffered throughout the school year in the cafeteria, where several students often threw food at him. On one occasion, a student approached J.L. in the cafeteria, threw a banana at him and said, “here, now you don’t need a boyfriend, suck on that.”
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41. J.L.’s father met with Principal Rinaldo to discuss the problem of students throwing food at J.L. in the cafeteria. In the meeting Principal Rinaldo expressed disbelief that this was happening, but J.L.’s father told Principal Rinaldo that there were other students who had witnessed this bullying. Principal Rinaldo responded with words to the effect of “of course his gay friends are going to defend him.” Upon information and belief, Principal Rinaldo did not speak to or discipline the students involved in the harassment, who continued to torment J.L. by throwing food at him after that meeting.
42. J.L.’s father also asked Principal Rinaldo to address the incident involving the banana. When J.L.’s father went to the school to talk to him, Principal Rinaldo responded that it was not his job to cater to homosexuals. Upon information and belief, no action was taken to investigate the incident or to address the incident.
43. In April 2009, one of J.L.’s most frequent harassers approached J.L. in the lunch room, said words to the effect of “It’s Adam and Eve, not Adam and Steve” and “if you don’t die I’ll make the world’s dream possible,” which J.L. understood as a death threat.
44. J.L.’s father reported this incident to Principal Rinaldo and also told him that students often waited outside school to beat up J.L. when he exited. Principal Rinaldo responded that he would look into the issue, but suggested that rather than tell him of these incidents J.L.’s father should inform the police. Upon information and belief, no action was taken to investigate the incident or to address this harassment.
45. Similarly, in May 2009 a student approached J.L. in technology class and made several comments such as: “lose the makeup, lift weights, lose the faggot voice and start liking girls” and “you’re a disgrace to the human race. Do the world a big favor and die because no one would miss you.”
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46. J.L.’s father reported this incident to Principal Rinaldo. Upon information and belief, no action was taken to investigate the incident or to address the incident. After that day, the same student repeatedly harassed J.L. and made sexist and anti-gay comments towards him.
47. In June of 2009, J.L.’s mother and sister accompanied him to a concert held in the school. While they were across from the school, on their way to the concert, a student ran up to them making a gesture as though he was going to hit J.L. and yelled “tell your faggot son to keep away from me” and “when I catch your son alone I’m going to kick his ass.”
48. J.L. and his family met with Principal Rinaldo to discuss the incident. Principal Rinaldo stated that there was nothing he could do to address the situation because the incident occurred in the park outside of the school rather than on school property. Upon information and belief, no action was taken to investigate the incident or to address the incident.
49. The harassment culminated on June 5, 2009, when a student, who had been named numerous times in reports to Principal Rinaldo, threatened to kill J.L. The student brought a knife to school, showed it to J.L. during class, and threatened to stab J.L. and string his “faggot ass” up from the flagpole. J.L., afraid for his life, left the school and went home.
50. Ms. Stocker, the Equal Opportunity Compliance Officer, called J.L.’s father later that day to report that J.L. left the school without permission. J.L.’s father immediately went to the school and spoke to her. Ms. Stocker indicated that despite the death threat against J.L., the school could not take any steps to investigate the situation or protect J.L. because there had not been an incident of actual physical violence. J.L.’s father asked to speak to Principal Rinaldo but was told that Principal Rinaldo knew about the incident but had left school to accompany some students on a field trip.
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51. Despite her responsibilities as Equal Opportunity Compliance Officer, Ms. Stocker did not take a formal complaint regarding this incident, did not initiate a full investigation, and did not issue any findings or inform J.L. or his family about any response to this incident.
52. A few days later, J.L.’s father went to the school and again insisted on speaking with Principal Rinaldo about how he planned to protect J.L. from harassment, threats, and violence. Principal Rinaldo admitted that he could not guarantee J.L.’s safety and that the harassment would probably carry over into next year. He told J.L.’s father that home-schooling might be safer than allowing J.L. to continue attending Jarvis High. Principal Rinaldo did not offer any alternative solutions to ensure J.L.’s ability to return to school. At this meeting, Principal Rinaldo and J.L.’s father agreed that in order to protect his safety, J.L. would not attend school for the remainder of the school year except to take his final exams.
53. J.L. did not attend school for the remainder of the school year except to take his exams, thus missing the last two weeks of school. J.L. Has Suffered Physically, Emotionally, and Academically as a Result of this Pattern of
Severe and Pervasive Harassment 54. Rather than being able to view attending school as a pleasant and safe educational opportunity, J.L. dreads each day in school because of the constant humiliation and fear he experiences as a result of the pattern of severe and pervasive sex and sexual orientation-based harassment alleged above. 55. This pattern of harassment has impaired J.L.’s ability to obtain educational benefits and advancement. J.L.’s grades dropped over the course his eighth grade year because of the Defendants’ failure to address the escalating harassment.
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56. J.L. also missed many days of class, including missing the last two weeks of class altogether, thus directly impairing his education.
57. Because of the harm to his academic record, J.L. was forced to forgo obtaining a summer job in order to attend summer school, thus depriving him of a valuable experience and depriving him and his family of income.
58. J.L.’s stepmother had to begin to work a night shift, and J.L.’s father had to miss many medical appointments and meetings in order to transport J.L. to and from the summer school, located in a different town from where J.L.’s family lives.
59. J.L. has also suffered and continues to suffer emotional distress and humiliation because of the harassment he has been forced to endure.
60. J.L. has also suffered actual physically injury from being pushed down the stairs, kicked, and shoved into lockers and other objects by students as part of a pattern of sex and sexual orientation-based harassment.
61. J.L. also suffered the loss of his personal property, including an iPod, a cell phone, and some clothing, all of which were maliciously destroyed by students as part of that same pattern of harassment.
62. Defendants’ unlawful and discriminatory acts and omissions were the direct and proximate cause of the harms alleged herein.
Defendants Have Been Deliberately Indifferent to the Pattern of Severe and Pervasive Harassment Suffered by J.L.
63. Defendants failed to undertake any meaningful investigative, disciplinary, preventative, remedial or corrective measures in response to this pattern of sexist and anti-gay harassment against J.L., despite the ability and authority to do so on behalf of the School District.
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This failure to act despite actual knowledge that J.L. was being harassed departed from the District’s own established procedures for dealing with harassment and discrimination.
64. Principal Rinaldo had actual knowledge that J.L. was suffering from severe and pervasive harassment because he did not conform to sex stereotypes and because he was gay or perceived to be gay. Over the course of the past year alone, J.L.’s father called Principal Rinaldo over five times and spoke to him in person at least ten times regarding the incidents and threats alleged above. Additionally, J.L.’s mother and stepmother spoke with Principal Rinaldo at least six times each over the phone or in person about these issues.
65. Upon information and belief, Principal Rinaldo has not taken any meaningful or effective steps to address the severe and pervasive sex and sexual orientation-based harassment J.L. has experienced at Jarvis High.
66. Principal Rinaldo currently has—and has had at all relevant times while J.L. was a student at the School—final policymaking authority for the School District with respect to the day-to-day enforcement of equal opportunity, anti-harassment, and anti-bullying policies at Jarvis High, including the school’s code of conduct. This includes the responsibility to redress complaints of discrimination and harassment, discipline perpetrators, and forward complaints to appropriately designated individuals in the School District.
67. Ms. Stocker had actual notice that J.L. was suffering from harassment because he did not conform to sex stereotypes and because he was gay or perceived to be gay.
68. Upon information and belief, Ms. Stocker has not taken any meaningful or effective steps to address the sex and sexual orientation-based harassment J.L. has experienced at Jarvis High.
13

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 14 of 21
69. As Compliance Officer, Ms. Stocker is responsible for investigating complaints regarding discriminatory harassment on the basis of, among other things, sex and sexual orientation. At all relevant times Ms. Stocker had the duty and authority to investigate complaints of harassment and issue reports of her findings to the Superintendent.
70. Superintendent Caputo had actual knowledge that J.L. was suffering from severe and pervasive harassment because he did not conform to sex stereotypes and because he was gay or perceived to be gay. Over the course of the past year alone, J.L.’s parents called Superintendent Caputo at least ten different times when they had not received a response from the school regarding investigations of or responses to incidents of harassment.
71. According to the School District’s Code of Conduct, Superintendent Caputo is responsible for promoting a safe, orderly and stimulating school environment and for reviewing with district administrators the policies of the Board of Education and state and federal laws relating to school operations and management. Superintendent Caputo has the authority to work with district administrators in enforcing the code of conduct and assuring that all claims of harassment are resolved promptly and fairly. Ms. Caputo is also responsible for creating instructional programs that decrease instances of misconduct and are sensitive to student and teacher needs.
72. Upon information and belief, Superintendent Caputo had the ability and authority to take corrective action on behalf of the School District to stop the discrimination and harassment of J.L., to discipline perpetrators of such discrimination and harassment and to forward his complaints of harassment to the appropriately designated individuals.
73. The School District’s “Discriminatory Harassment Complaint Procedure” requires the School District to publish a Statement of Nondiscrimination in the staff and student
14

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 15 of 21
handbooks and newsletters, as well as to post it in appropriate locations. The Statement of Nondiscrimination is to explain the District’s anti-discrimination policies and procedures, explain complaint procedures, and provide the name, address, and telephone number of the district’s Equal Opportunity Compliance Officer.
74. Defendants failed to include any of this information in the School’s ParentStudent handbook and, upon information and belief, failed to make it available to parents and students through any other means.
75. Despite repeated complaints to District officials about the harassment J.L. was experiencing, neither J.L. nor his parents were ever informed of the existence of Ms. Stocker, the School’s Equal Opportunity Compliance Officer, prior to the day she phoned J.L.’s father on June 5, 2008, nor were they told that an anti-harassment policy and grievance procedure existed.
76. Upon information and belief, Defendants never forwarded the complaints about harassment of J.L. to the School District’s designated Compliance Officer as required by Superintendent Policy #7531, “Sexual Harassment of Students.”
77. The School District’s anti-harassment policy also requires the Compliance Officer to consult with the Superintendent and/or counsel upon receiving a verbal or written complaint of discriminatory harassment.
78. Upon information and belief, neither Principal Rinaldo nor Compliance Officer Stocker consulted with Superintendent Caputo regarding incidents of harassment of J.L. at the appropriate times.
79. The School District’s anti-harassment policy requires the Compliance Officer to interview all relevant persons involved in a complaint of harassment, “including the complainant, the accused, eyewitnesses, and potential corroborating witnesses.”
15

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 16 of 21
80. At no time during the year did any school official ever interview J.L. about any of the reported incidents of harassment for the purpose of investigating those incidents.
81. Many of J.L.’s classmates who witnessed incidents of harassment and threats against J.L. were never interviewed as witnesses by any school official.
82. At the end of an investigation into an allegation of discrimination or harassment, the Compliance Officer is required to draft a final report that is issued to the Superintendent. After it is determined whether the complaint is valid, the Anti-Harassment Policy requires the School District to notify the complainant of the results of the investigation and of any remedial action taken.
83. Despite repeatedly asking Defendants for a response to his complaints, neither J.L. nor his family was ever informed whether any investigation was undertaken, the results of any such investigation, or whether any remedial action was taken.
84. Upon information and belief, the acts and omissions of discrimination and harassment committed by School District employees alleged herein reflected, and were made pursuant to, policies and practices of the School District. These acts and omissions were sufficiently persistent so as to constitute a custom of the School District with the force of and were so manifest to imply the acquiescence of senior policy-making officials.
85. Upon information and belief, neither the School District nor any of the School District’s officials, policy makers, administrators, or other employees provided, at any time relevant to this Complaint, appropriate training to administrators, faculty, or staff with respect to discrimination, harassment, or bullying based on sex or sexual orientation. This failure has occurred despite actual knowledge by relevant policy makers, officials, administrators, and employees of the prevalence of sexist and anti-gay discrimination and harassment by School
16

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 17 of 21
District students and employees. The failure to provide training is a direct and proximate cause of the School District’s employees’ discrimination against and harassment of J.L. and their failure to adequately address the harassment against him perpetrated by others.
86. At all relevant times all Defendants were acting under color of state law. At all relevant times the Defendants who are employees the School District were acting within the scope of their employment.
JURY DEMAND 87. Plaintiff demands a trial by jury on all issues pursuant to the Seventh Amendment to the United States Constitution and Rule 38 of the Federal Rules of Civil Procedure.
FIRST CLAIM FOR RELIEF U.S. Constitution Amendment XIV Denial of Equal Protection on the Basis of Sex and Sexual Orientation (Brought by J.L. Pursuant to 42 U.S.C. § 1983 Against the School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker in their official and individual capacities) 1. The acts and omissions of the Defendants, described above, violated J.L.’s clearly established rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. SECOND CLAIM FOR RELIEF Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
Discrimination Based on Sex (Brought by J.L. Against the Mohawk Central School District) 2. The acts and omissions by the School District, described above, violated J.L.’s rights under Title IX by discriminating against him on the basis of sex.
17

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 18 of 21
THIRD CLAIM FOR RELIEF New York Human Rights Law, New York Executive Law § 296(4)
Discrimination on the Basis of Sex and Sexual Orientation (Brought by J.L. Against the Mohawk Central School District) 3. The acts and omissions of the School District, described above, denied J.L. the use of School District facilities and permitted harassment on him on the basis of sex and sexual orientation, in violation of New York Human Rights Law § 296(4).
FOURTH CLAIM FOR RELIEF New York Human Rights Law, New York Executive Law § 296(6)
Discrimination on the Basis of Sex and Sexual Orientation (Brought by J.L. Against Superintendent Caputo, Principal Rinaldo, and Ms. Stocker in
their individual capacities) 4. The acts and omissions of the individual Defendants, described above, aided, abetted, incited, compelled and/or coerced the harassment of J.L. on the basis of sex and sexual orientation, in violation of New York Human Rights Law § 296(6).
FIFTH CLAIM FOR RELIEF New York Civil Rights Law §§ 40-c and 40-d Discrimination on the Basis of Sex and Sexual Orientation (Brought by J.L. Pursuant to the New York Human Rights Law Against Mohawk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker in their
individual capacities) 5. The acts and omissions of the Defendants, described above, subjected J.L. to discrimination on the basis of sex and sexual orientation in violation of New York Civil Rights Law §40-c.
18

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 19 of 21
6. The acts and omissions of the individual Defendants, described above, aided and incited unlawful discrimination by others against J.L. on the basis of sex and sexual orientation in violation of New York Civil Rights Law § 40-d.
7. Plaintiffs have complied with the requirements of New York Civil Rights Law § 40-d by serving notice upon the state attorney general.
SIXTH CLAIM FOR RELIEF Negligent Supervision
(Brought by J.L. Pursuant to New York law Against Mohawk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker in their individual capacities) 8. At all times the Defendants had a duty to exercise the same degree of care over the pupils, including J.L., under its control as would a reasonably prudent parent. 9. The acts and omissions of Defendants, described above, breached that duty. 10. As a result, J.L. suffered the injuries described above.
REQUEST FOR RELIEF WHEREFORE, Plaintiff J.L. requests judgment in his favor and requests relief against Defendants as follows: 1. A declaration that the Defendants violated J.L.’s legal rights. 2. A permanent injunction requiring the Mohawk Central School District to take appropriate steps to remedy the deprivation of J.L.’s rights; 3. An immediate preliminary injunction to ensure J.L.’s safety and ability to receive educational services prior to the commencement of school on September 8, 2009; 4. Compensatory damages against defendants Mohawk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker for violations of the Fourteenth Amendment to the U.S. Constitution;
19

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 20 of 21
5. Compensatory damages against defendant Mohawk Central School District for violations of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.;
6. Compensatory damages and other appropriate relief against defendants Mohawk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker for violations of the New York Human Rights Law;
7. Statutory damages against defendants Mohawk Central School District, Superintendent Caputo, Principal Rinaldo, and Ms. Stocker for violations of the New York Civil Rights Law;
8. Compensatory damages against defendant Mohawk Central School District for violations of New York common law;
9. Punitive damages against defendant Mohawk Central School District for violations of New York common law;
10. Punitive damages against defendants Superintendent Caputo, Principal Rinaldo, and Ms. Stocker for violations of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution;
11. Attorney’s fees and costs incurred in the prosecution of this action pursuant to, inter alia, 42 U.S.C. § 1988 and other applicable laws;
12. Any other relief the court may deem just and proper.
___/s/ Corey Stoughton_____________ Corey Stoughton (Bar Roll No. 513810) Ami Sanghvi* Matthew Faiella* Naomi R. Shatz* Arthur Eisenberg (Bar Roll No. 101576) Chris Dunn (Bar Roll No. 513828) Attorneys for Plaintiff
20

Case 6:09-cv-00943-DNH-DEP Document 1 Filed 08/18/09 Page 21 of 21 NEW YORK CIVIL LIBERTIES UNION FOUNDATION 125 Broad St., 19th Floor New York, N.Y. 10004 Tel: (212) 607-3300 Fax: (212) 607-3326 *Admission pro hac vice pending. Dated: August 18, 2009
New York, NY
21

 </s> 09-08-26 10:0C4ase 6F:ro0m9-N-YcvC-I0V0IL9L4IB3E-RDTNIESHU-DNIOENP Document 1+71212F34il4e3d32908/27/09 TP-ZaZZge 1P.DoZf/D34 F-943

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
....------..-._---------------_..--..............-------------------)(
1.1., a minor child, by his father and
natural guardian. ROBERT SULLIVAN,

6:09-CV-943 (DNH) SEALED

Plaintiff,

Consent Order

- against-

MOHAWK CENTRAL SCHOOL DISTRICT; JOYCE CAPUTO, Superintendent of Mohawk Centra] School District; EDWARD RINALDO, Principal of Gregory B. Janris Junior/Senior High School; CYNTHIA STOCKER, Equal Opportunity Compliance Officer,

Defondants .
...--------------------------------_............._--..._--------..-.)(

CONSENT ORDER REGARDING PRELIMINARY RELIEF

WHEREAS the Plaintiff, a student in Mohawk Central School District, filed this action
on August 18,2009, alleging claims \mder the Equal Protection Clause, Title 1)( of the Education Amendments of1972. 20 U.S.C. § )681, and state law;

WHEREAS Defendants deny liability arising from the Plaintiff's allegations;

WHEREAS the Court issued an Order on August 19,2009, granting the Plaintiff's
request for expedited discovery and a schedule for briefing an anticipated Motion for Preliminary
Injunction, which was to be filed on August 28, 2009; and

WHEREAS the Parties wish to resolve matters relating to the Plaintiff's claim for
preliminury injunctive relief in a manner that serves the best interests of the student Plaintiff and District operations, without need for conducting expedited discovery and filing a motion for
preliminary relief, and without prejudice to the Plaintiff's remaining claims for permanent
injunctive relief. damages, and other relief as set fonh in the Complaint or to any defenses to
those claims;

IT IS HEREBY AGREED AND ORDERED that:

1.

Defendants shall designate Mr. Martin G~rtz, guidance counselor:n the Jarvis

Junior/Senior High School ("Jarvis High"), as the person to whom Plaintiff1.L.

should report any instances of perceived or alleged harassment that occur at Ji:lfvis

High or at school-sponsored events, programs or activities. Mr. Gertz shall

09-08-Z6 10:DC4 ase 6Fr:o0m9-N-YcvC-IV0I0L9L4IB3E-RDTINESHU-NDIOEN P Document 1+71Z1ZF34i4le33dZ908/27/09 TP-ZZaZge P2.0o3/fD34 F-943
fOl'ward any such cornpll1ints of harassment to the Principal of Jarvis High and the
Superintendant oftbe Mohawk School District. The Principal and/or Superintendant shall address any such complaints according to the procedures set
forth in Defendant's Policy 7531 entitled "Sexual Harassment of Students,"
2. Defendru.us shall provide Plaintiff J.L. with a hall pass that may be kept On his person at all times permitting him to utilize the nursels ot11ce at Jarvis High as a
"safe roomtl to whieh he may retreat during school hours ifbe feels threatened or endangered by other students. Plaintift· J.L. shall also be permitted (0 use the restroom in the nurse's office during school hOllrs.
3. Defendants shall appoint an adult staff member who will be responsible for
chaperoning Plaintiff J.L. on school grounds before CIIld after school, between
classes. in Plaintifi's chorus class, and during lunchtime. This chaperone shall be infonned of the terms of this Order and Defendant's Policy 7531 entitled "Sexual Harassment of Students." This chaperone shall peliorm these duties for a minimum ortwo weeks from the stan ofthe 2009-2010 tenn. after which time the
Parties shall confer and endeavor to agree as to the conlinu~d necessity of the
measures described in this paragraph.
4. After the termination ofthe duties of the chaperone described in paragraph 3. Defendants shall permit Plaintiff J.L. to utilize his cellular phone on school grounds and during schoolllours to contact adult members of his family in any situation in which the Plaintiff feels threatened Or endangered as a result of bullying or harassment. Plaintiff shall not otherwise be permitted any exemption from Jm-vis High's cell phone policy.
5. Defendants shall ensure that three students at Jarvis High. known to the Parties by
the initials A.M.~ J.R. and 2.Z., shall not share classes with the Plaintiff lL.. with
the exception of chorus class. The Plaintiff also acknowledges that he may share
lunch period with the aforementioned students,
6. Defendant shall direct all teachers and staffwilh direct responsibility for supervising Plaintiff J.L., including the Plaintiffs classroom teachers) lunch-time monitors and Jams High administrators, to promptly report to the Jarvis High Principal any incidents of student conflict, harassment andlor bullying involving Plaintiff J.L. that they witness or become aware of. Sa;d teachers and staff shall
be informed of the terms of this Order and Defendant's Policy 7531 entitled
"SeKual Harassment of Students."
7. Counsel for Plaintiff J.L. will inform Plaintiff J.Lts father, Robert Sullivan. that
all reports and/or incidents of harassment of Plaintiff J.L. that come to his attention should be promptly Commtmical<:d to the Principal of Jarvis High.
8. Pursuant to the Court's sealing order of August 19,2009) the terms of this Consent Order are confidential.
2

09-08-26 10:0C5ase 6F:r0om9-N-YcvC-I0V0IL94LI3BE-RDTNIESHU-DNIOENP Document 1+71212F34il4e3d32908/27/09 TP-2a2g2 e 3P.0o4f/034 F-943

Dated: New York, NY
August 26, 2009
~ ~-- --
Corey St ghton (BarRoH No. 513810) Arthur Eisenberg (Bar Roll No. 101576) Ami Sanghvi (Bar Roll No. 602907) Matthew Faiella (Bar Roll No. 602905) Naomi R. Shatz (Bar Roll No. 602906) Attorneysfor PlainTiff NEW YORK CIVIL LIBERTIES UNION FOUNDATION 125 Broad St., 19mFloor New York, N.Y. 10004 Tel: (212) 607-3300 Fax: (212) 607-3326
SO ORDERED

MMvvvJ1thc,-~'~~
Eric J. Wilson (Bar Roll No. 505455) Miles Lawlor (Bar Roll No. 50(615)
Ferrara, Fiorenza, Larrison, Barrett & Reitz 5010 Campuswood Dr. East Syracuse, New York 13057 Tel: (315) 437-7600 Fax: (315) 437-7744 Atlorneys for Defendants

3

 </s> Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 1 of 12

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
J.L., a minor child, by his father and natural guardian, ROBERT SULLIVAN,
Plaintiff,
MORAWI{ CENTRAL SCHOOL DISTRICT; JOYCE CAPUTO, Superintendent of Mohawk Central School District; EDWARD RINALDO, Principal of Gregory B. Jarvis Junior/Senior High School; CYNTHIA STOCKER, Equal Opportunity Compliance Officer,
Defendants.

~~ ... ~'f~ .'Ip I'

M ~9 2010

'** ..·.... ~

..._..._..1tUC.'.I.IM:.Af._M.._M_._L- '**

"~'.~'£:'..-.....- .. - .-

STIPULATION AND SETILEMENT AGREEMENT Civil Case No.: 09-CV-943 (DNHlDEP)

WHEREAS, Plaintiff, a former student of the Mohawk Central School District by his
father and natural guardian, brought this action on or about August 18, 2009, alleging claims under the Equal Protection Clause of the United States Constitution, Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681, et seq., and state law;
WHEREAS, the United States sought to intervene in this action; WHEREAS, Defendants deny any liability arising from Plaintiff's allegations; WHEREAS, the parties and the United States wish to resolve matters relating to Plaintiff's claims without the need for continued litigation over the claims set forth in the Amended Complaint or as to any defenses to those claims; IT IS STIPULATED AND AGREED by and between the parties and the United States, and their respective counsel, that:

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Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 2 of 12
I. Defendant Mohawk ~ntral School District shall issue one check, payable to
J. &..
Robert Sullivan as trustee of the " . ~2010 Trust," in the amount of $50,000.00, as
payment in full for all claims asserted by Plaintiff herein. Defendant Mohawk Central School District also shall issue one check, payable to the New York Civil Liberties Union Foundation (NYCLU) in the amount of $25,000.00, in full settlement of Plaintiff's claims for attorneys' fees. Said checks shall be delivered to Plaintiff's counsel no later than thirty (30) days following the execution ofthis agreement.
2. Defendant Mohawk Central School District shall provide reimbursement for counseling services for Plaintiff J.L. These shall consist of counseling sessions with a licensed psychiatrist, psychologist, therapist, or social worker with specific training in lesbian, gay, bisexual, and transgender youth issues. Defendant Mohawk Central School District shall reimburse Plaintiff's documented expenses for counseling sessions, not to exceed one session per week and/or the sum of $100 per week, within thirty (30) days of receipt of an invoice prepared by the counselor. Defendant Mohawk Central School District shall be obligated to provide such payment for counseling services received through June 30, 2013.
3. Defendant Mohawk Central School District shall retain an expert mutually agreed upon by the District, the NYCLU, and the United States in the area of the prevention ofsex- and sexual orientation-based harassment in schools, for purposes of conducting a review of the District's policies and practices concerning the prohibition and prevention of discrimination and harassment in the District. That review shall include, but not be limited to: (1) a review of those policies that relate to the prohibition of discrimination and harassment based' on sex, gender identity, gender expression, and sexual orientation; (2) an analysis of the practices and procedures associated with the implementation ofthose policies; and (3) an analysis ofthe role of
2

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 3 of 12
the District's Title IX officer with respect to the enforcement of the District's harassment and discrimination policies and procedures, including the Title IX officer's role in investigating and resolving complaints of harassment or discrimination based on sex, gender identity, gender expression, and sexual orientation.
4. Defendant Mohawk Central School District shall develop and implement a comprehensive dissemination plan for the policies and procedures referenced in paragraph 3 to ensure annual dissemination to all District staff, parents or guardians, and students affected by the policies.
5. Defendant Mohawk Central School District shall retain the services of an expert in the area of the prevention of sex- and sexual orientation-based harassment in schools to conduct annual training sessions, to be held at the Mohawk Central School District, for purposes of training and instruction of its staff in the prohibition of discrimination generally and with respect to the prohibition of discrimination and harassment based on sex, gender identity, gender expression, and sexual orientation. lhis instruction shall include an emphasis on the affirmative obligation of staff to identify and report potential incidents of discrimination, bullying, and harassment based on sex, gender identity, gender expression, and sexual orientation. Staffwhose responsibilities include supervision of students will be directed to attend such training sessions.
6. Defendant Mohawk Central School District herewith stipulates that it has retained the services ofthe Anti-Defamation League to provide such training and instruction for staffand, to the extent deemed appropriate by the Anti-Defamation League, for students as well.
7. To document its compliance with the District's policies and procedures related to complaints ofharassment or discrimination, Defendant Mohawk Central School District agrees to maintain records of its investigation of and response to each incident of alleged harassment or
3

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 4 of 12
discrimination perpe1rated against any student, which shall be retained for at least five years from the date of the alleged events at issue. Such records shall include all documentation gathered during the course of the District's investigation and resolution processes, including, but not limited to documentation of complaints or allegations of harassment or discrimination, interview notes, discipline referrals, and documentation ofcomplaint resolution.
8. Defendant Mohawk Central School District shall provide reports to Plaintiff's counsel at the NYCLU, and the United States, through its undersigned counsel, regarding its compliance with this agreement on June 30 of each year. From the entry of this agreement, or the date of the last compliance report, whichever is later, each compliance report shall include, but not be limited to: (1) cUtTent copies of the District's policies that prohibit discrimination and harassment in the District, indicating all changes to the policies and procedures; (2) 'a description of the training provided by the District and/or the agreed upon expert to the District's staff and students as described in paragraph 5, including the content of such training, materials disseminated or used in the training, and identification ofthose participating in the training; (3) a copy of the expert's recommendations regarding modifications to the District's harassment and discrimination policies, procedures, and practices; and (4) summaries of the reporting, investigation and resolution of complaints of discrimination and harassment based on sex and sexual orientation in the District Such summaries will include, but shall not be limited to, identification of any complaints of discrimination or harassment based on sex or sexual orientation that the District receives, a description of the allegations in each such complaint, and a description of the, actions taken by the District to respond to and resolve each such complaint. The NYCLU and the United States shall retain the right to review any records regarding the reported complaints of discrimination or harassment to the extent permitted by the Family
4

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 5 of 12
Education Rights and Privacy Act (FERPA). 9. The training component and reporting requirements outlined in paragraphs 5-8
shall remain in effect through June 30, 2013. Thereafter, no further reports shall be forwarded to the NYCLU or the United States. The District shall then be free to determine for itself the appropriate program for training and instructing ofstudents and staff.
10. In conjunction with any press release regarding this agreement, the parties and the NYCLU shall issue the attached joint statement concerning the fact that the parties have mutually reached a settlement agreement and have worked cooperatively to resolve this matter. While it is recognized that the parties and their counsel may speak publicly concerning the settlement ofthis litigatio~ the parties and their counsel further agree that they will not make any statement or cause any statement to be made on their behalf to 1he press regarding the allegations of the Complaint and Amended Complaint filed in this action that would disparage, demean, or impugn the other parties to this agreement, nor shall either party or their counsel represent this agreement as an admission of wrongdoing on the part of any other party.
11. The United States agrees that it shall not represent this agreement as an admission of liability on the part of the District or any of the individual Defendants. The United States further agrees that in written public statements, the United States shall not identify individual District employees by name (e.g., Jane Doe), but instead will use titles (e.g., principal) or the Mohawk Central School District to refer to the Defendants in this litigation.
12. In consideration of this settlement agreement, Plaintiff shall voluntarily dismiss with prejudice, by Stipulation of Dismissal pursuant to Fed. R Civ. P. 41(a)(I)(A)(ii), this action against Defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, and Cynthia Stocker. Said Stipulation of Dismissal shall be filed with the Court no later than thirty
5

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 6 of 12
(30) days from the date of the execution of this agreement It is understood and agreed that the dismissal of the action as to the individual Defendants shall be complete and unconditional and they shall not have any individual responsibility to carry out any of the requirements of this agreement, except (to the extent applicable) as employees of Defendant Mohawk Central School District
13. Plaintiff shall release and forever discharge Defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, and Cynthia Stocker, the Board of Education of the Mohawk Central School District, its employees and agents, from all actions, causes of action, suits, debts, sums of money, controversies, trespasses, claims and demands whatsoever in law or in equity, including claims for attorneys' fees, which Plaintiff may have had, have now, or at any time in the past held, up to the date of this release, that are or should have been known to Plaintiff. It is also understood and agreed that this settlement agreement shall be executed by Robert Sullivan, as parent and natural guardian of Plaintiff J.L., a minor child, and it is further represented and warranted that Robert Sullivan has the legal capacity and authority to execute said settlement agreement on behalf of the minor child J.L., and to fully settle and resolve all claims against the above-named persons and/or entities.
14. In considemtion of this settlement agreement, the United States shall voluntarily withdmw its Motion to Intervene with prejudice. The United States shall notify the Court ofthis withdmwal no later than thirty (30) days from the date of the execution of this agreement It is understood and agreed that the withdmwal of the action as to the individual Defendants shall be complete and unconditional and they shall not have any individual responsibility to carry out any of the requirements of this agreement, except (to the extent applicable) as employees of Defendant Mohawk Centml School District
6

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 7 of 12
15. This settlement agreement is a compromise of disputed claims. It is not to be construed as an admission of liability on the part of any named person herein, including the Mohawk: Central School DistriC4 its officers, Board of Education members, employees, or agents, including but not limited to Joyce Caputo, Edward Rinaldo, and Cynthia Stocker. The settlement agreement is not be construed as an admission of liability on the part of any of the above-named persons nor is it an admission that any individual included herein took any llIllawful, wrongful act, or that it or their conduct in any way violated a state, federal, or local law, rule, or regulation.
16. The parties hereto and the United States agree that this stipulation contains the final and complete understandings between the parties and the United States, and that the terms herein are contractual, and that those terms supersede all prior agreements and understandings, whether written or oral.
11. The parties and the United States further agree that this stipulation of settlement shall be construed in accordance with the laws of the State of New York, and that its provisions shall be enforceable in the nature of a contract under state law. If any provision of this agreement shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect or impair any other provision of this agreemen4 but it shall be construed as if the invalid or unenforceable provision had never been contained in the settlement agreement. Further, to the extent there are any future disputes regarding compliance with this
agreemen4 the parties and the United States first shall work in good faith to resolve the issues
amicably before seeking resolution in court.
18. PlaintiffJ.L., by and through his father, Robert Sullivan, is represented by counsel of his choosing, namely lawyers employed by the NYCLU. Plaintiff acknowledges that he has
7

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 8 of 12
read this settlement agreement and that he understands its terms and provisions. Plaintiff further acknowledges that he, through his father Robert Sullivan, has executed this agreement freely and voluntarily, with full understanding ofthe consequences ofthe execution ofthis agreement.
19. This agreement shall be binding upon Plaintiff J.L., by and through his father Robert Sullivan, and upon J.L.'s heirs, successors, assigns, and legal representatives, and the United States, through its undersigned counsel. This agreement also shall be binding upon the Mohawk Central School District and its agents, employees, successors, and assigns.
20. Plaintiff J.L., by and through his father Robert Sullivan, acknowledges and understands that the compensation provided for herein is the sole and exclusive compensation to which he shall be entitled under the terms of this agreement. Plaintiff further agrees and acknowledges that he shall not be entitled to any additional form of compensation or assistance from the Mohawk Central School District in connection with this litigation.
21. All parties herein and the United States understand and agree that each has not relied upon any representation or statement made by any other party or the employees, agents, or attorneys ofthat other party, except as expressly set forth herein.
22. IN WITNESS WHEREOF, the parties hereto and the United States have caused. this settlement agreement, consisting of eleven (11) pages, including the signature pages, to be duly executed on the date indicated below.
23. The parties and the United States further acknowledge that this settlement agreement is not valid until it has been approved by the United States District Court for the Northern District ofNew York.
8

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 9 of 12

State ofNew York

)

County of ~ ) ss.:

GSrti~~
J.L., by his father, Robert Sullivan

On the 1jday ofMarch 2010 before me, the undersigned, personally appeared Robert Sullivan, who is personally known to me or proved to me on the basis of satisfactory evidence to be the individual who executed this instrument, and that by his signature on the instrument, the individual, or the person upon whose behalfthe individual acted, executed the instrument.
YJtltuv /? 7I~
Notary Public
MARtE K. HENNINGS ott
r$, NotaRtYegPiustbelriecNdionin.t4hH8e~3rS3kt1al0tme2eorf~Nuewny~O£3
My CommiSSIon ExpIres 0

9

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 10 of 12

StateofNe~ )

the~ay County

of~
, ~

)

55.:

On

of JieI:JAlat;' 2010 before me. the undersigned. personally appeared Joyce Caputo,

who is personally known to me or proved to me on the basis of satisfactory evidence to be the

individual who executed this instrument. and that by her signature on the instrument. the

~.:z:the ind:idual acted, executed the inSlrumenl.

IO

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 11 of 12
Corey Stoughton, Esq. Matthew Faiella, Esq. Naomi R. Shatz, Esq. Senior Staff Attorney New York Civil Liberties Union Foundation 125 Broad St., 19th Floor New York, NY 10004 Phone: (212) 607-3366 Fax: (212) 607-3329
Ad~d Frank W. Miller, Esq. The Law Firm of Frank W. Miller 6575 Kirkville Road East Syracuse, NY 13057 Phone: (315) 234-9900 Fax: (315) 234-9908
Amy I. Berman, Esq. Whitney M. Pellegrino, Esq. Amanda M. Downs, Esq. U.S. Department of Justice Civil Rights Division Educational Opportunities Section 950 Pennsylvania Ave, PHB Suite 4300 Washington. DC 20530 Phone: (202) 616-9939 Fax: (202) 514-8337
f/arch ~c:( .:loI ()
(ftiC<tJ Y./.
11

Case 6:09-cv-00943-DNH-DEP Document 34 Filed 03/29/10 Page 12 of 12
JOINT STATEMENT OF THE PARTIES ON SETTLEMENT OF THE J.L. v. MOHA WK CENTRAL SCHOOL DISTRICT LITIGATION
The Mohawk Central School District and a fonner student of the school district today jointly announced the settlement ofa federal civil rights lawsuit filed last August.
The 15-year-old student alleged in the lawsuit that the school district was deliberately indifferent to harassment based on sex and sexual orientation and failed to take steps to protect him from it. The Justice Department had sought to intervene in the case on behalf ofthe student The school district has denied the allegations and today's settlement does not constitute an admission of liability or wrongdoing by the school district or any of its employees.
As part of the settlement, the school district agreed to undertake several measures designed to prevent and address harassment based on sex, gender identity, gender expression and sexual orientation. The school district also agreed to keep the New York Civil Liberties Union, who represented the student in the lawsuit, and the Justice Deparbnent infonned of these efforts as well as its ongoing response to complaints of discrimination and harassment. The student has agreed to dismiss the lawsuit against the school district and its employees, and the Justice Department agreed to withdraw its motion to intervene.
With these changes, the school district and the NYCLU look forward to working together, along with the Justice Department, and hope that the Mohawk Central School District can serve as a model for other school districts confronting issues of bullying and intolerance oflesbian, gay, bisexual, transgender, and gender non-confonning students.

 </s> Case: 6:09-cv-00943-DNH-DEP As of: 01/30/2014 03:12 PM EST 1 of 8
CLOSED
U.S. District Court Northern District of New York − Main Office (Syracuse) [LIVE − Version 6.1]
(Utica) CIVIL DOCKET FOR CASE #: 6:09−cv−00943−DNH−DEP

J.L. v. Mohawk Central School District et al Assigned to: Judge David N. Hurd Referred to: Magistrate Judge David E. Peebles Cause: 42:1983 Civil Rights Act
Plaintiff
J.L. a minor child, by his father and natural guardian, Robert Sullivan

Date Filed: 08/18/2009 Date Terminated: 04/27/2010 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Arthur N. Eisenberg New York Civil Liberties Union 125 Broad Street 19th Floor New York, NY 10004 212−607−3005 Fax: 212−607−3329 Email: arteisenberg@nyclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher T. Dunn New York Civil Liberties Union 125 Broad Street 19th Floor New York, NY 10004 212−344−3005 ext. 226 Fax: 212−344−3329 Email: cdunn@nyclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Corey L. Stoughton New York Civil Liberties Union 125 Broad Street 19th Floor New York, NY 10004 212−344−3005 Fax: 212−344−3318 Email: cstoughton@nyclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ami T. Sanghvi U.S. Equal Employment Opportunity Commission 33 Whitehall Street 5th Floor New York, NY 10004−2112 212−336−3620 Fax: 212−336−3623 Email: ami.sanghvi@eeoc.gov TERMINATED: 10/20/2009 PRO HAC VICE

Matthew J. Faiella New York Civil Liberties Union 125 Broad Street 17th Floor New York, NY 10004

Case: 6:09-cv-00943-DNH-DEP As of: 01/30/2014 03:12 PM EST 2 of 8
212−607−3344 Fax: 212−607−3318 Email: mfaiella@nyclu.org TERMINATED: 04/05/2011 PRO HAC VICE
Naomi R. Shatz New York Civil Liberties Union 125 Broad Street 17th Floor New York, NY 10004 212−607−3376 Fax: 212−607−3318 Email: nshatz@nyclu.org PRO HAC VICE ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff United States of America

represented by William F. Larkin Office of the United States Attorney − Syracuse P.O. Box 7198 100 South Clinton Street Syracuse, NY 13261−7198 315−448−0672 Fax: 315−448−0646 Email: william.larkin@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Mohawk Central School District

represented by Frank W. Miller Office of Frank W. Miller 6575 Kirkville Road East Syracuse, NY 13057 315−234−9900 Fax: 315−234−9908 Email: fmiller@fwmillerlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles E. Symons Ferrara, Fiorenza Law Firm 5010 Campuswood Drive East Syracuse, NY 13057 315−437−7600 Fax: 315−437−7744 Email: cesymons@ferrarafirm.com TERMINATED: 12/17/2009
Eric J. Wilson Ferrara, Fiorenza Law Firm 5010 Campuswood Drive East Syracuse, NY 13057 315−437−7600 Fax: 315−437−7744 Email: ejwilson@ferrarafirm.com TERMINATED: 10/07/2009

Case: 6:09-cv-00943-DNH-DEP As of: 01/30/2014 03:12 PM EST 3 of 8

ATTORNEY TO BE NOTICED

Miles G. Lawlor Ferrara, Fiorenza Law Firm 5010 Campuswood Drive East Syracuse, NY 13057 315−437−7600 Fax: 315−437−7744 Email: mglawlor@ferrarafirm.com TERMINATED: 10/07/2009 ATTORNEY TO BE NOTICED

Defendant
Joyce Caputo Superintendent of Mohawk Central School District

represented by Frank W. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles E. Symons (See above for address) TERMINATED: 12/17/2009

Eric J. Wilson (See above for address) TERMINATED: 10/07/2009 ATTORNEY TO BE NOTICED

Miles G. Lawlor (See above for address) TERMINATED: 10/07/2009 ATTORNEY TO BE NOTICED

Defendant
Edward Rinaldo Principal of Gregory B. Jarvis Junior/Senior High School

represented by Frank W. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles E. Symons (See above for address) TERMINATED: 12/17/2009

Eric J. Wilson (See above for address) TERMINATED: 10/07/2009 ATTORNEY TO BE NOTICED

Miles G. Lawlor (See above for address) TERMINATED: 10/07/2009 ATTORNEY TO BE NOTICED

Defendant
Cynthia Stocker Equal Opportunity Compliance Officer

represented by Frank W. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles E. Symons (See above for address) TERMINATED: 12/17/2009

Eric J. Wilson

Case: 6:09-cv-00943-DNH-DEP As of: 01/30/2014 03:12 PM EST 4 of 8
(See above for address) TERMINATED: 10/07/2009 ATTORNEY TO BE NOTICED
Miles G. Lawlor (See above for address) TERMINATED: 10/07/2009 ATTORNEY TO BE NOTICED

Date Filed 08/18/2009 08/19/2009 08/19/2009 08/19/2009 08/19/2009 08/19/2009 08/19/2009 08/19/2009
08/19/2009
08/19/2009
08/19/2009
08/19/2009
08/21/2009

# Docket Text
1 COMPLAINT against Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker (Filing fee $350 receipt number 01372381) filed by J.L. (Attachments: # 1 Civil Cover Sheet)(see) (Entered: 08/19/2009)
2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/17/2009 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 12/7/2009. (see) (Entered: 08/19/2009)
3 Summons Issued as to Mohawk Central School District. (mae) (Entered: 08/19/2009)
4 Summons Issued as to Joyce Caputo. (mae) (Entered: 08/19/2009)
5 Summons Issued as to Edward Rinaldo. (mae) (Entered: 08/19/2009)
6 Summons Issued as to Cynthia Stocker. (mae) (Entered: 08/19/2009)
7 First MOTION for Preliminary Injunction by J.L.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit, # 3 Affidavit, # 4 Declaration, # 5 Certificate of Service)(Stoughton, Corey) (Entered: 08/19/2009)
8 MOTION for Limited Admission Pro Hac Vice of Matthew J. Faiella Filing fee $30, receipt number 02060000000001373001. filed by J.L.. (Attachments: # 1 Supplement Documents for Pro Hac Vice admission) Motions referred to David E. Peebles. (Stoughton, Corey) (Entered: 08/19/2009)
CLERK'S CORRECTION OF DOCKET ENTRY re 7 Motion for Preliminary Injunction. Access to the Affidavit of Attorney Corey Stoughton with exhibits has been restricted to case participants and court users because the exhibits contain the minor's name. Therefore the Affidavit of Attorney Stoughton ONLY will not be available for public view. Counsel is reminded that all future documents (including exhibits) should be redacted in compliance with Local Rule 8.1. (see) (Entered: 08/19/2009)
9 MOTION for Limited Admission Pro Hac Vice of Naomi R. Shatz Filing fee $30, receipt number 02060000000001373047. filed by J.L.. (Attachments: # 1 Documents for pro hac vice admission) Motions referred to David E. Peebles. (Stoughton, Corey) (Entered: 08/19/2009)
10 MOTION for Limited Admission Pro Hac Vice of Ami T. Sanghvi Filing fee $30, receipt number 02060000000001373061. filed by J.L.. (Attachments: # 1 Documents for pro hac vice admission) Motions referred to David E. Peebles. (Stoughton, Corey) (Entered: 08/19/2009)
11 ORDER TO SHOW CAUSE: Show Cause Hearing set for 9/2/2009 10:00 AM in Utica before Judge David N. Hurd; on or before 12:00 noon on 9/1/2009 defts may file and serve in opposition supporting documents, exhibits, and Memorandum of Law. The entire case is SEALED. Each party is directed to serve the other party by facsimile and to make submissions to the Court by facsimile at 315−793−8034. Signed by Judge David N. Hurd on 8/19/2009. (see) (Entered: 08/19/2009)
12 AFFIDAVIT of Service by mail for summons and complaint served on Eric Wilson, Esq., authorized to accept service on behalf of all defts, on 8/20/09, filed by Matthew Faiella, Esq. on behalf of pltf J.L. (cbm ) (Entered: 08/21/2009)

Case: 6:09-cv-00943-DNH-DEP As of: 01/30/2014 03:12 PM EST 5 of 8

08/21/2009 08/24/2009 08/24/2009 08/24/2009 08/27/2009 09/09/2009
09/09/2009
09/10/2009 10/05/2009 10/05/2009 10/07/2009 10/07/2009 10/07/2009 10/07/2009 10/08/2009 10/08/2009

13 Minute Entry for proceedings held before Judge David N. Hurd: Telephone Conference held on 8/19/2009. (Court Reporter None) (cmr, ) (Entered: 08/21/2009)
14 ORDER: Granting the # 8 Motion for Limited Admission Pro Hac Vice of Matthew J. Faiella. Signed by Magistrate Judge David E. Peebles on 8/24/2009. (mae) (Entered: 08/24/2009)
15 ORDER: Granting the # 9 Motion for Limited Admission Pro Hac Vice as to Naomi R. Shatz. Signed by Magistrate Judge David E. Peebles on 8/24/2009. (mae) (Entered: 08/24/2009)
16 ORDER: Granting the # 10 Motion for Limited Admission Pro Hac Vice as to Ami T. Sanghvi. Signed by Magistrate Judge David E. Peebles on 8/24/2009. (mae) (Entered: 08/24/2009)
17 CONSENT ORDER Regarding Preliminary Relief. Signed by Judge David N. Hurd on 8/27/2009. (see) (Entered: 08/27/2009)
18 STIPULATION AND ORDER that the plaintiff shall file an amended complaint on 9/10/09. Defendants shall respond to the amended complaint on or before 9/21/09. Signed by Magistrate Judge David E. Peebles on 9/9/09. (Served counsel via e−mail). (sal, ) (Entered: 09/09/2009)
TEXT NOTICE of Rescheduling Hearing: The in−person Initial Conference set for 12/17/09 at 9:30 AM has been rescheduled for 10/8/2009 at 10:30 AM in Syracuse before Magistrate Judge David E. Peebles. The Civil Case Management Plan is now due by 9/28/2009. (Served counsel via e−mail).(sal, ) (Entered: 09/09/2009)
19 AMENDED COMPLAINT against all defendants filed by J.L.(cbm ) (Entered: 09/10/2009)
20 CIVIL CASE MANAGEMENT PLAN by Plaintiff J.L.. (sal, ) Modified on 10/9/2009 to include correct attachment. Defendants provided duplicative ccmp's(sal, ). (Entered: 10/05/2009)
21 Letter dated 9/30/09 from Frank Miller, Esq. advising that he will be submitting his own civil case management plan as the parties are in dispute w/ respect to the length of time to be allotted for discovery. (sal, ) (Entered: 10/05/2009)
22 NOTICE of Appearance by Charles E. Symons, Esq. on behalf of defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker (sal, ) (Entered: 10/07/2009)
23 NOTICE of Appearance of Frank Miller, Esq. on behalf of defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker (sal, ) (Entered: 10/07/2009)
24 ANSWER to 19 Amended Complaint by defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker.(sal, ) (Entered: 10/07/2009)
25 CIVIL CASE MANAGEMENT PLAN by Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker. (sal, ) (Entered: 10/07/2009)
26 Letter dated 9/28/09 from Plaintiff regarding Civil Case Mangagement Plan. (sal, ) (Entered: 10/09/2009)
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 10/8/2009. Judge discusses w/ parties whether or not this case should be unsealed. Judge will issue a text order unsealing this case based upon the parties representations. A UPSO will be issued w/ the following dates: Joinder and Amendment deadlines are set for 10/22/09. Discovery deadline is set for 4/30/10. Motion filing deadline is set for 6/30/10. This will be a jury trial lasting 3−5 days in Utica before Judge Hurd. Plaintiff requests relief from 10 deposition limit. Parties will discuss this issue further as discovery is exchanged. Plaintiff intends to retain an expert. Judge does not set a mediation deadline at this time and will revisit this issue at the next telephone conference. Parties will discuss in the meantime whether or not this case can be resolved early

Case: 6:09-cv-00943-DNH-DEP As of: 01/30/2014 03:12 PM EST 6 of 8

10/09/2009 10/09/2009 10/09/2009 10/19/2009 10/20/2009 10/21/2009
10/21/2009 11/05/2009
11/13/2009

on. A telephone conference is set for 10/21/09 at 3:30 PM. Defendant's counsel is directed to initiate the call. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., and Naomi Shatz, Esq.. (sal, ) (Entered: 10/09/2009)
TEXT ORDER TO UNSEAL CASE. Authorized by Magistrate Judge David E. Peebles on 10/8/09. (sal, ) (Entered: 10/09/2009)
Set/Reset Hearings: A Status Telephone Conference is set for 10/21/2009 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234−8620. (sal, ) (Entered: 10/09/2009)
27 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 3−5 days. Preferred Trial Location: Utica. Joinder of Parties due by 10/22/2009. Amended Pleadings due by 10/22/2009. Discovery due by 4/30/2010. Motions to be filed by 6/30/2010. Signed by Magistrate Judge David E. Peebles on 10/9/09. (sal, ) (Entered: 10/09/2009)
28 Letter Motion from Ami Sanghvi for J.L. requesting Withdrawal of Counsel Ami Sanghvi submitted to Judge Peebles. (Stoughton, Corey) (Entered: 10/19/2009)
TEXT ORDER granting 28 Letter Request from Ami Sanghvi, Esq. to withdraw as counsel. Authorized by Magistrate Judge David E. Peebles on 10/20/09. (sal, ) (Entered: 10/20/2009)
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 10/21/2009. Plaintiff's counsel sent a letter to defendants' counsel regarding settlement options. Defendants' counsel advises that the Board will meet on 10/26/09 and review this letter. Parties will then have further settlement discussions regarding resolution of this matter. Next telephone conference is set for 11/5/09 at 4:30 PM. Plaintiff's counsel is directed to initiate the call. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., Naomi Shatz, Esq., and Frank Miller, Esq. (sal, ) (Entered: 10/21/2009)
Set/Reset Hearings: Status Telephone Conference set for 11/5/2009 at 4:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call. (sal, ) (Entered: 10/21/2009)
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 11/5/2009. Defendants' counsel met w/ the Board on 11/3/09 and thereafter submitted a written settlement proposal to plaintiff's counsel who has not yet responded. Plaintiff's counsel states that they will discuss settlement further, but will not accept the settlement proposal offered. Parties believe that the Consent Order is not being followed through, which has been causing problems at the school. Judge will hold a settlement conference w/ all parties present shortly. CRD will be providing counsel w/ tentative dates for this conference. Plaintiff's counsel has served initial written demands. Defendants' counsel will be responding and serving his initial written demands shortly. AP:: Corey Stoughton, Esq., Matthew Faiella, Esq., and Frank Miller, Esq. (sal, ) (Entered: 11/06/2009)
TEXT NOTICE of Hearing: A Settlement Conference is set for 12/18/2009 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. At that conference the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. In preparation for the scheduled settlement conference, not later than 12/8/09, the parties shall submit directly to Judge Peebles' chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position.(sal, ) (Entered: 11/13/2009)

Case: 6:09-cv-00943-DNH-DEP As of: 01/30/2014 03:12 PM EST 7 of 8

12/01/2009 12/03/2009 12/17/2009 12/18/2009
12/21/2009 01/14/2010
01/14/2010 01/15/2010 01/29/2010
02/08/2010

29 Joint Letter Motion from Plaintiff's Counsel on behalf of the Parties for J.L. requesting Protective Order submitted to Judge Peebles. (Attachments: # 1 Proposed Order/Judgment Proposed Protective Order)(Stoughton, Corey) (Entered: 12/01/2009)
30 Stipulated PROTECTIVE ORDER. Signed by Judge David N. Hurd on 12/3/2009. (see) (Entered: 12/03/2009)
31 Letter Request / Letter Motion from Attorney Frank W. Miller for Joyce Caputo, Mohawk Central School District, Edward Rinaldo, Cynthia Stocker requesting Removal of Counsel from "Noticed" List submitted to Judge, To the Clerk of the Northern District. (Miller, Frank) (Entered: 12/17/2009)
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Settlement Conference held on 12/18/2009. Parties were able to resolve several issues, but are still working towards resolving the remaining issues. After lengthy settlement discussions, Judge sets up a follow−up telephone conference for 1/13/10 at 3:00 PM. Defendants' counsel is directed to initiate the call to Chambers. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., Naomi Shatz, Esq., plaintiff J.L. and father, Frank Miller, Esq., and several representatives from the school district. (sal, ) (Entered: 12/21/2009)
Set/Reset Hearings: Status Conference set for 1/13/2010 03:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call. (sal, ) (Entered: 12/21/2009)
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 1/13/2010. Parties are still discussing settlement. Counsel for DOJ Civil Rights Division indicate that they are participating in this conference call today, since they may be filing a motion to intervene. Judge gives the DOJ permission to file this motion, however, he does not feel this conference call will be productive w/ them present on the call. Since they are not a party to this action, Judge dismisses them from the call. Parties further discuss settlement options w/ Judge Peebles. Judge stays the existing deadlines in this case. A telephone conference is set for 1/29/10 at 3:00 PM. Plaintiff's counsel is directed to initiate the call. Judge states that counsel for the DOJ are not to participate in this conference call absent permission from the court. APP: Matthew Faiella, Esq., Naomi Shatz, Esq., Corey Stoughton, Esq., Whitney Pelligrino, Esq., Amanda Downs, Esq., Frank Miller, Esq., and Miles Lawlor, Esq.. (sal, ) (Entered: 01/14/2010)
32 NOTICE of Motion to Intervene by United States of America (Attachments: # 1 Motion to Intervene, # 2 Complaint−in−Intervention, # 3 Certificate of Assistant Attorney General, # 4 Memorandum of Law, # 5 Exhibit(s) Lopez Order, # 6 Exhibit(s) Hoffman Order, # 7 Exhibit(s) Lovins Order, # 8 Declaration Declaration of William F. Larkin, # 9 Certificate of Service)(Larkin, William) Modified on 1/15/2010 (see), changed event code to motion. (Entered: 01/14/2010)
Set Deadlines as to 32 MOTION to Intervene. Response to Motion due by 2/8/2010. Motion Hearing set for 2/24/2010 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. (see) (Entered: 01/15/2010)
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 1/29/2010. Parties have made substantial progress with their settlement discussions. Some outstanding issues remain, but parties believe that they will be able to resolve them w/in a week. Parties do not request a further conference w/ the court at this time. CRD for Judge Peebles will track case for two weeks for a stipulation of dismissal / settlement agreement. If this document is not received by that time, the court will contact the parties. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., Naomi Shatz, Esq., Frank Miller, Esq., Miles Lawlor, Esq. and Eric Wilson, Esq.. (sal, ) (Entered: 01/29/2010)
33 RESPONSE in Opposition re 32 MOTION to Intervene . Attorney Declaration of Frank W. Miller for Defendants, filed by Joyce Caputo, Mohawk Central School District, Edward Rinaldo, Cynthia Stocker. (Attachments: # 1 Exhibit(s) Exhibits A − B to Attorney Declaration, # 2 Memorandum of Law Defendants' Memorandum of Law in Opposition to Motion to Intervene, with attached case, # 3 Supplement

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02/09/2010 02/26/2010 03/29/2010
03/29/2010 04/14/2010 04/27/2010 03/23/2011 04/01/2011

Certificate of Service)(Miller, Frank) (Entered: 02/08/2010)
TEXT NOTICE Regarding Hearing on 32 Motion to Intervene: Based upon ongoing settlement negotiations between the parties, the hearing set for 2/24/10 has been adjourned without date. (sal, ) (Entered: 02/09/2010)
Any proposed settlement agreement in this matter must be submitted to Judge Hurd under separate cover and not filed on ECF per verbal order of Judge David N. Hurd. (cmr, ) (Entered: 02/26/2010)
34 Redacted STIPULATION &SETTLEMENT AGREEMENT &Order: that deft Mohawk Central School district shall issue one check, payable to Robert Sullivan as trustee of the J.L. 2010 Trust, in the amount of $50,000.00, as payment in full for all claims asserted by pltf herein. Deft Mohawk Central School District also shall issue one check, payable to the NY Civil Liberties union Foundation (NYCLU) in the amount of $25,000.00, in full settlement of Pltfs claims for attys fees. Said checks shall be delivered to Pltfs counsel no later than 30 days following the execution of this agreement. In consideration of this settlement agreement, pltf shall voluntarily dismiss with prejudice, by Stipulation of Dismissal pursuant to FRCivP 41(a)(1)(A)(ii), this action against defts Mohawk Central School District, Joyce Caputo, Edward Rinaldo, &Cynthia Stocker. Said Stipulation of Dismissal shall be filed with the Court no later than 30 days from the date of execution of this agreement. In consideration of this settlement agreement, the US shall voluntarily withdraw its Motion to Intervene with prejudice. The US shall notify the Court of this withdrawal no later than 30 days from the date of the execution of this agreement. (see) (Entered: 03/29/2010)
35 Unredacted Stipulation and Settlement Agreement and ORDER. (see) Modified on 4/22/2011, unsealed pursuant to the 38 OTSC &pltf consent located at document #39. Access restricted to case participants and public terminals. (see) (Entered: 03/29/2010)
36 STIPULATION of Dismissal by J.L. submitted to Judge Hurd. (Shatz, Naomi) (Entered: 04/14/2010)
37 Stipulation &ORDER of Dismissal with prejudice. Signed by Judge David N. Hurd on 4/26/2010. (see) (Entered: 04/27/2010)
38 ORDER TO SHOW CAUSE: that the parties show cause, within 30 days of this order, why the case or documents cannot be unsealed. Failure to respond or show cause will result in the case or documents being unsealed and scanned then uploaded to the Districts Electronic Filing System (CM/ECF) without further Order. {Specifically regarding Sealed Document #35}Signed by Judge David N. Hurd on 3/23/2011. (see) (Entered: 03/23/2011)
39 RESPONSE TO ORDER TO SHOW CAUSE filed by J.L., stating that the pltf and his present legal guardian have no objection to the Court's unsealing of document #35. (Stoughton, Corey) (Entered: 04/01/2011)


[CONTENT] August 18, 2009 | Mohawk Central School District | District Court | the Northern District | David N. Hurd ||| the Equal Employment Opportunity Commission | EEOC | the New York Civil Liberties Union | the Fourteenth Amendment's Equal Protection Clause | 42 | 1983 | New York | Title IX of the Education Amendments | 1972 | 20 |||  ||| 2007 to 2009 ||| two weeks | the end of the | 2009 school year |||  ||| August 19, 2009 ||| Court | August 27 ||| The United States | U.S. | January 14, 2010 ||| March 29, 2010 ||| 50,000 | 25,000 | June 30, 2013 |||  ||| April 27, 2010 [SUMMARY] On August 18, 2009, the plaintiff, a high school student verbally and physically harassed due to his sex and sexual orientation brought suit against Mohawk Central School District in the U.S. District Court for the Northern District of New York (The Honorable David N. Hurd). The plaintiff, represented by the Equal Employment Opportunity Commission (EEOC) and the New York Civil Liberties Union, alleged denial of equal protection on the basis of sex and sexual orientation in violation of the Fourteenth Amendment's Equal Protection Clause pursuant to 42 U.S.C. § 1983; discrimination based on sex and sexual orientation and negligent supervision under New York state law; and sex discrimination in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. Based on these claims, the plaintiff requested a declaratory judgment, preliminary and permanent injunctive relief, attorneys' fees and costs, and compensatory, punitive, and statutory damages.

The plaintiff claimed that from 2007 to 2009, he suffered physical and emotional harms due to the defendant's deliberate indifference to a pattern of severe, persistent, and violent harassment of the plaintiff at the hands of fellow students based on his sex and sexual orientation. These physical and emotional harms also affected the plaintiff's ability to learn and caused him to leave school for two weeks at the end of the 2009 school year. The plaintiff and his parents informed school administrators and teachers of the harassment on many separate occasions, but no effective measures were taken by the school to remedy the situation.

On August 19, 2009, the plaintiff moved for a preliminary injunction. The Court issued a consent order granting the preliminary injunction on August 27, ordering the defendant to immediately put in place a number of safeguards to protect the plaintiff and to comply with school sexual harassment policies. 

The United States (U.S. Attorney's Office) moved to intervene on behalf of the plaintiff in the action on January 14, 2010. The court denied the motion on March 29, 2010 as it granted the parties' stipulation and settlement agreement. Under the agreement, the defendant was required to pay the plaintiff $50,000 in addition to attorney's fees and costs ($25,000) and the cost of obtaining counseling services up until June 30, 2013. The agreement also required that the defendant retain an expert to review the defendant's policies and practices regarding discrimination and harassment, to review these procedures themselves, and to record compliance with harassment and discrimination complaints. 

The case was dismissed with prejudice on April 27, 2010. 
