Vetrano v. Miller Place Union Free Sch. Dist.

369 F. Supp. 3d 462
CourtDistrict Court, E.D. New York
DecidedFebruary 22, 2019
Docket2:16-cv-03329 (ADS)(AYS)
StatusPublished
Cited by3 cases

This text of 369 F. Supp. 3d 462 (Vetrano v. Miller Place Union Free Sch. Dist.) 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
Vetrano v. Miller Place Union Free Sch. Dist., 369 F. Supp. 3d 462 (E.D.N.Y. 2019).

Opinion

SPATT, District Judge:

The plaintiff Kyle Vetrano (the "Plaintiff") brought this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983 (" Section 1983") against the defendants Miller Place Free School District (the "District"), Miller Place High School (the "High School"), Christine Mangiamele ("Mangiamele"), and Marianne Higuera ("Higuera") (collectively, the "Defendants") alleging violations of his constitutional rights to free speech, freedom of association, and due process.

Presently before the Court is a motion by the Defendants, pursuant to Federal Rule of Civil Procedure ("FED. R. CIV. P." or "Rule") 56, seeking summary judgment dismissing the complaint. For the reasons that follow, the Court grants the Defendants' motion in its entirety.

I. BACKGROUND

Unless otherwise noted, the following facts are not in dispute. The Court draws these facts from the Defendants' Rule 56.1 Statement of Material Facts and the Plaintiff's Response. ECF 25 (the "SMF"). As a preliminary matter, the Court notes that the Plaintiff issued a number of conclusory, non-responsive objections without putting forward specific evidence contradicting the Defendants' proposed statements of fact. The Court treats these facts as admitted to the extent they are supported by the record, because the Plaintiff's cursory rebuttals contravene the procedure articulated in the local rules. See Local Rule 56.1(c); Bank of Am., N.A. v. Fischer , 927 F.Supp.2d 15, 19 (E.D.N.Y. 2013) ; Hartley v. Rubio , 785 F.Supp.2d 165, 171 n.1 (S.D.N.Y. 2011).

The District is a school district located in Suffolk County. The High School is one of the schools in the District. Higuera is the District's Superintendent of Schools, and Mangiamele is an Assistant Principal at the High School. The Plaintiff was a student at the High School. This action relates to discipline the Plaintiff received for conduct during an extracurricular activity in his senior year at the High School. Specifically, the Defendants prohibited the Plaintiff from participating in the second night of an annual variety show for a comment he made during the show's opening night.

*467A. THE VARIETY SHOW

Each year the High School holds a variety show (the "Variety Show") which consists of musical and other talent acts (the "Acts"), separated by satirical skits performed by members of the senior class (the "Skits"). Students performing Acts during the Variety Show compete for a prize. Faculty members, who act as judges, select the winner. Unlike the Acts, the Skits are ineligible to win prizes, and are intended to occupy the time between the Acts. The Skits often poke fun at faculty, school policies, and other school-related issues.

The Variety show is a school-sponsored event. There is a general understanding that what is performed in the Variety Show has been approved by the High School and by Mangiamele, who is credited as the Variety Show's Producer/Director. The talent for Acts each audition before the student-run Executive Council and the Variety Show faculty advisor (the "Faculty Advisor"). The Executive Council decides which Acts will be in the show, and the Faculty Advisor screens and approves the song lyrics. Rather than an audition process, the Skits are submitted for approval to the Executive Council, which passes them on to the Faculty Advisor for approval.

After the Faculty Advisor approves the Skit scripts, he or she submits them for approval to any faculty member who is mentioned by name or likeness. If a faculty member is mentioned, he or she must approve the script in order for the students to be permitted to perform it in the Variety Show. If a staff member does not approve the script, that person may not be mentioned in the Variety Show.

B. THE CODE OF CONDUCT

The Faculty Advisor follows the procedure for approving Skits in accordance with the Code of Conduct's expectations for acceptable conduct, and the anti-bullying and harassment policy. The Code of Conduct articulates that all students, school staff, parents, and other visitors must meet the High School's expectations for acceptable conduct while on school property and at school functions. A "school function" is any school-sponsored event or activity held on or off school district property.

In accordance with the Code of Conduct's expectations for acceptable conduct, students must: (a) conduct themselves as representatives of the district; (b) conduct themselves in an appropriate and civil manner with proper regard for the rights and welfare of others; (c) show respect to others; (d) hold themselves to the highest standards of conduct, demeanor, and sportsmanship; and (e) accept responsibility for their actions.

The Code of Conduct also prohibits conduct that is insubordinate, disruptive, or endangers the morals of others. Insubordinate conduct includes failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students, or otherwise demonstrating disrespect. "Disruptive conduct" includes failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students. Conduct that endangers the morals of others includes harassment, bullying, or discrimination against any student.

Students must familiarize themselves with and abide by all district policies, rules, and regulations dealing with student conduct. Failure to comply with the Code of Conduct may result in certain disciplinary penalties. An Assistant Principal or Activity Director is authorized to remove a student from a school function when the *468student violates the Code, so long as it is consistent with the student's right to due process. The amount of due process to which a student is entitled before receiving a penalty depends on the penalty imposed.

Regarding extracurricular activities, the Code of Conduct specifies that participation in extra-curricular activities is a privilege earned by students who are in good academic standing and demonstrate good citizenship. As a result, the Code of Conduct does not provide a hearing for students removed from an extra-curricular activity pursuant to Education Law § 3214. Instead, the Code provides the student and the student's parent a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved.

C. THE FACTUAL BACKGROUND

Students submitting Skits in 2015 sent them to then-Executive Council President Robby Revera ("Revera"), who submitted them to Mangiamele for approval. Mangiamele ensured that each of the faculty members represented in a Skit was given the script to review and approve.

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Bluebook (online)
369 F. Supp. 3d 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vetrano-v-miller-place-union-free-sch-dist-nyed-2019.