Jones v. Bay Shore Union Free School District

170 F. Supp. 3d 420, 2016 WL 1056567, 2016 U.S. Dist. LEXIS 33780
CourtDistrict Court, E.D. New York
DecidedMarch 16, 2016
Docket12-CV-4051 (JS) (GRB)
StatusPublished
Cited by19 cases

This text of 170 F. Supp. 3d 420 (Jones v. Bay Shore Union Free School District) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Bay Shore Union Free School District, 170 F. Supp. 3d 420, 2016 WL 1056567, 2016 U.S. Dist. LEXIS 33780 (E.D.N.Y. 2016).

Opinion

MEMORANDUM & ORDER

SEYBERT, District Judge

Plaintiff Charles W. Jones (“Jones” or “Plaintiff’) commenced this action against defendant Bay Shore Union Free School District, (the “District”), Peter J. Dion (“Dion”), Evelyn Bloise Holman (“Holman”), and Robert Pashken (“Pashken”) (collectively “Individual Defendants”, and taken together with the District, “Defendants”), alleging violations of Plaintiffs constitutional rights secured by the First and Fourteenth Amendments and for deprivation of Plaintiffs equal protection and due process right secured by the Fourteenth Amendment, as well as New York State' constitutional and statutory violations and common law causes of action. (Sec. Am. Compl., Docket Entry 22, ¶¶ 38-53.) Currently pending before the Court is Defendants’ motion for summary judgment. (Docket Entry 47.) For the following reasons, Defendants’ motion is GRANTED.

BACKGROUND1

I. Factual Background2

This action arises out of Plaintiffs previous employment at Bay Shore High [425]*425School, current activism, and desire to establish a minority parents’ organization within the District. (Defs.’ 56.1 Stmt., Docket Entry 41, ¶¶ 1, 187-190.) Plaintiff claims that in retaliation for his criticism of the District and that he intended to speak about the treatment of minority students, he was prohibited from attending or speaking at a December 14, 2011 meeting of the District’s Board of Education. (Defs.’ 56.1 Stmt. ¶¶230, 235-44; Pl.’s 56.1 Counterstmt., Docket Entry 42, ¶ I at 4.) Defendants’ dispute this, claiming that Plaintiff was prohibited from attending the meeting because of the prior practice of restricting Plaintiffs presence on campus, and the serious safety concerns raised by his desire to appear on campus and have access to students. (Defs.’ 56.1 Stmt. ¶¶ 233-253.)

A. Plaintiffs Employment with the District

Plaintiff was a girls’ junior varsity softball coach in the District between 1983 and 1985. (Defs.’ 56.1 Stmt. ¶¶ 1, 13.) Plaintiff coached, girls who were in the eighth through tenth grades and who ranged in age from thirteen to fifteen years old. (Defs.’ 56.1 Stmt. ¶¶ 14-15.) In 1985, two female students told James McGowan (“McGowan”), a social worker for the District, that they had been to Plaintiffs house and that several girls had engaged in sexually explicit acts with Plaintiff.3 (Defs.’ 56.1 Stmt. ¶¶ 12,16,18-19.)

On April 30, 1985, the District Superintendent at that time met with Plaintiff, (Defs.’ 56.1 Stmt. ¶ 36), and informed him that a parent was alleging that he was either “having sex or giving drugs to her daughter.” (Defs.’ 56.1 Stmt. ¶ 38; Jones Tr.,4 166:14-167:18.) The Superintendent also informed Plaintiff that he was not to see or contact any of the students, nor attend practice or be on school grounds until further notice, and that Plaintiff was suspended with pay during the pendency of an investigation. (Defs.’ 56.1 Stmt. ¶ 37; May 1, 1985 Insubordination Letter, Defs.’ Ex. N, Docket Entry 47-11, at 2-35.) Plaintiff denies ever meeting with the Superintendent on April 30, 1985, and denies being told that he was suspended with pay and not to see or contact any students during the investigation of the charges. (Pl.’s 56.1 Counterstmt. ¶¶ 36-38; Jones Tr., 157:9-159:8.)

On May 7, 1985, the District charged Plaintiff with: (1) entertaining four minor female students of the District at his home; (2) engaging “in kissing, hugging, and other sexual acts, including fondling the breasts of, kissing the breasts of, rubbing his genital area against the genital area of a minor female student,” and on two occasions “permitting, and/or causing, said student to rub his penis through his clothes,” and (3) engaging “in kissing, hugging and touching of a minor female student” of the District. (Defs.’ 56.1 Stmt. ¶ 77-78; Notice of Charges and Hearing, Defs.’ Ex. O, Docket Entry 47-11, at 4-9.) A hearing was held on November 15, 1985, and Plaintiff and the District reached an agreement in which Plaintiff agreed to re[426]*426sign. (Defs.’ 56.1 Stmt. ¶¶ 79, 81-82; Nov. 15, 1985 Meeting Minutes, Defs.’ Ex. P, Docket Entry 47-11, at 10-27.) As part of the agreement, the parties exchanged mutual releases and agreed that the records would be kept in confidence by the District. (Defs.’ 56.1 Stmt. ¶ 84; Nov. 15, 1985 Meeting Minutes, at 15.) The parties further agreed that Plaintiff would not seek or accept future employment with the District, while the District agreed to withdraw all the pending charges and acknowledge that Plaintiff denied any wrong doing and had maintained his innocence regarding the charges. (Defs.’ 56.1 Stmt. ¶ 83; Nov. 15,1985 Meeting Minutes, at 14-15.)

Plaintiff disputes Defendants’ allegations regarding the misconduct and denies “ever engaging in any improper conduct with any student or underage minor, whether at the Bay Shore High School, Middle School, or any other place.” (Jones Aff., Pl.’s Ex. 4, Docket Entry 49-4, at 2, ¶ 2.)

B. Plaintiffs Return to Bay Shore

In 1997 or 1998, McGowan asked to meet with Holman, the District Superintendent at the time, to discuss Plaintiff. (Defs.’ 56.1 Stmt. ¶¶ 5, 87.) It had come to McGowan’s atténtion that Plaintiff had either been appointed or volunteered to be the education liaison for the NAACP. (Defs.’ 56.1 Stmt. ¶¶ 88, 90.) McGowan shared with Holman some of the information he knew about Plaintiffs history with the District from the 1980s. (Defs.’ 56.1 Stmt. ¶¶ 91, 93-94.) Holman was also informed by McGowan and others that Plaintiff was spotted on the girls’ track field. (Defs.’ 56.1 Stmt. ¶¶ 96-97.)

After her meeting with McGowan, Holman requested and reviewed all the written material that documented Plaintiffs employment with the District. (Defs.’ 56.1 Stmt. ¶¶ 99-101.) Holman also reached out to the former Superintendent who handled the allegations against Plaintiff and his resignation, as well as the District’s counsel, who had handled Plaintiffs disciplinary matter for the District in 1985. (Defs.’ 56.1 Stmt. ¶¶ 103-05.) Additionally, on January 22, 1998, Holman and McGowan met with one of Plaintiffs former students and an alleged victim; to discuss the events of the spring of 1984 involving Plaintiff. (Defs.’ 56.1 Stmt. ¶¶ 107-08.)

In response to receiving the information regarding Plaintiff, Holman informed the NAACP representative that she would prefer not to have Plaintiff as the educational liaison, and through counsel, informed Plaintiff that he was not permitted on campus. (Defs.’ 56.1 Stmt. ¶ 121.) Holman also sought clarification as to what her responsibilities were with respect to reporting Plaintiffs alleged misconduct, which she had just become aware of. (Defs.’ 56.1 Stmt. ¶ 121.)

C. Report to the N.Y.S. Department of Education

In June 1998, the N.Y.S. Department of Edúcation advised the District that it “was required to file a Part 83 Report once he received information which led him to reasonably conclude that a certificate holder had engaged in conduct which exhibited poor moral character. The passage of time would not, in my opinion, relieve the obligation.” (June 15, 1998 Letter, Defs.’ Ex. S, Docket Entry 47-11, at 32-33; Defs.’ 56.1 Stmt. ¶ 124.) Part 83 of the N.Y.S. Commissioner of Education’s Regulations provides that:

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170 F. Supp. 3d 420, 2016 WL 1056567, 2016 U.S. Dist. LEXIS 33780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-bay-shore-union-free-school-district-nyed-2016.