Yap v. Oceanside Union Free School Dist.
| Decision Date | 02 February 2004 |
| Docket Number | No. CV 01-5708(DRH)(MLO).,CV 01-5708(DRH)(MLO). |
| Citation | 303 F.Supp.2d 284 |
| Parties | Rhodora YAP, on behalf of Edward Yap, an infant, Rhodora Yap, Individually, Plaintiffs, v. OCEANSIDE UNION FREE SCHOOL DISTRICT, Herb Brown, Individually and in his official capacity as Superintendent of the Oceanside Union Free School District, Karen Skis, Individually and in her official capacity as Principal of the W.S. Boardman Elementary School (School No. 9E), Adriana Gonzalez s/h/a Mrs. Gonzalez, Individually and in her capacity as an employee of the W.S. Boardman Elementary School, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Goldstein & Avrutine, Syosset, NY, By Daniel J. Millman, for Plaintiffs.
Kaufman, Borgeest & Ryan, LLP, New York City, By Lee E. Berger, Jonathan B. Bruno, for Defendants.
Plaintiffs have initiated this action, pursuant to 42 U.S.C. § 1983, for alleged violation of their constitutional rights by a elementary school principal, a school district superintendent and a lunch room monitor. Defendants have submitted a motion for summary judgment pursuant to Rule 56. Plaintiffs have filed a cross-motion pursuant to Rule 15(a) for leave to file an amended complaint as to a state law claim. For the reasons discussed infra, the Rule 56 motion is granted and Plaintiffs Rule 15(a) motion is denied.
In evaluating a summary judgment motion, the Court "is required to draw all factual inferences in favor of, and take all factual assertions in the light most favorable to, the party opposing summary judgment." Rule v. Brine, Inc., 85 F.3d 1002, 1011 (2d Cir.1996). Since the instant summary judgment motion was initiated by Defendants, the Court interprets the proffered undisputed facts, and the related factual inferences, in the light most favorable to Plaintiffs.
Plaintiff Edward Yap ("Edward") is a child of Asian-American ancestry. In September 1995, at the age of six, Edward began attending first grade at the W.S. Boardman Elementary School ("School"). The School is a part of the Oceanside Union Free School District ("District" or "School District").
Edward withdrew from the School to attend second grade at Saint Christopher's, a private religious school located in Baldwin, New York. At that time, Edward's parents withdrew him from the School because they wanted him to experience a religious education. Edward returned to the School in the third grade because he missed his friends. Edward reported no problems during first or third grades at the School.
In September 1998, Edward began the fourth grade at the School. At this time, Edward began to experience difficulty with certain other students. According to Edward's mother, Rhodora Yap ("Rhodora"), beginning in September 1998 "some of the other students were calling him names, cursing at him, making fun of him because he is chinese and hitting him." Rhodora Aff. ¶ 5. The name-calling included referring to him as "chinese asshole" and as a "chinese bitch." Id. Both Rhodora and Edward told Edward's teacher about the name-calling. Rhodora Aff. ¶ 6. Edward also alleges that he was once "slapped in the face, thrown into the emergency exit of the bus and repeatedly punched by boys while the girls cheered on." Id. Although Rhodora alleges that Edward's resultant pain was treated by his father with acupuncture and medicine, there is no indication that any authority, whether in the school or elsewhere, was informed of this incident. See id.
In May 1999, Rhodora spoke with Karen Siris ("Siris"), the principal of the School. At that time, Rhodora informed Siris "that Edward was being subjected to repeated racial harassment, racial teasing[,;] taunting and racially motivated physical abuse." Rhodora Aff. ¶ 7. Immediately following this conference, Siris met with Edward and the children that allegedly harassed him to discuss the incident. Siris was told by the purportedly abusive children that Edward had provoked the incidents. Siris Aff. ¶ 17. Siris decided that all of the involved children should discuss the incidents further. Id. Siris required all of the children eat their lunch in her office in lieu of going to recess. Id. At this lunch-time discussion, one of the accused children admitted to making a racial remark about Edward. Id. Due to this admission, Siris met in person with the admitting child's father to discuss the seriousness of the event. Id. At this follow-up meeting, Siris told the admitting child's father that such conduct was "inappropriate and unacceptable" and asked for the father's "assistance in preventing further incidents from happening in the future." Id.
Edward maintains that the abuse recommenced within a few days. Edward Aff. ¶ 10. Edward maintains that he mentioned this continued abuse to Sins at some unspecified time. Id. Although Edward states that he mentioned the harassment to both his teacher and Sins "on numerous occasions," Edward Aff. ¶ 11, and Rhodora also claims that she made several complaints to Sins at unspecified times during that year, Rhodora Aff. ¶ 7, Plaintiffs have not disputed Sins statement that she had never spoken to either of Rhodora or Edward about and racial incidents prior to May 1999, see Sins Aff. ¶ 17. In fact, Edward's own deposition testimony indicates that he made no complaints to anyone in the school until May 1999. See Edward Dep. at 111.
At this point it is helpful to discuss Sins' background and training. Sins possesses a doctorate in Educational Administration from Hofstra University. See Sins Aff. ¶ 5. In preparation for that degree, Sins spent two years preparing a doctoral dissertation entitled: "Using Teacher Action Research to Alleviate Bullying and Victimization in Schools." Id. This dissertation won the award for "Doctoral Dissertation of the Year" from Hofstra University. Id.
Sins has been working as an educator, in both teaching and administrative roles, since 1972. See Siris Aff. ¶ 4. Sins has been employed as the principal of the School since 1996. See Sins Aff. ¶ 3. Upon being appointed as principal of the School in 1996, Sins "instituted and promoted a `Caring Majority' mission and `Anti-Bullying' philosophy whereby students are encouraged to be part of the caring majority to help other students who may need help and to report any incidents of verbal or physical harassment of any nature." See Sins Aff. ¶ 18. This "mission" and the associated "Anti-Bullying" philosophy are supported via presentations that Sins makes to each classroom at the beginning of each school year and also via written materials that are given to each teacher for use throughout the school year. See id. Sins also discusses these topics at the monthly faculty meetings. See Sins Aff. ¶ 9. At the beginning of each year, the entire school is required to watch "a motivational film presentation that promotes nonviolence, kindness, racial equality and respect for disabilities." See Sins Aff. ¶ 10. After viewing the film, teachers "conduct follow-up activities" consistent with teacher's guides that were prepared in conjunction with the film. See id.
Under Sins' stewardship, the District has also developed certain written materials. These materials included the "Students Rights & Responsibilities" handbook ("SR & R Handbook"). See Siris Aff. ¶ 11. The SR & R Handbook contains a code of conduct which is discussed and distributed during meetings with the students' parents. See id. Sins also created the "Parent Child Handbook." See Siris Aff. ¶ 12. Sins encouraged all teachers at the School assign a homework assignment whereby all students took this handbook home to discuss it with their parents. See id. With all of this background on Siris in mind, the Court returns to Edward's experiences at the School.
When Edward began fifth grade, the incidents with his classmates continued. In general, these incidents with Edward's classmates purportedly included the same racial name-calling as had been reported in the fourth grade. Edward Aff. ¶ 13. Also reviewing the allegations in general, the fifth grade incidents included physical "abuse" of an unspecified nature. Id. () Moreover, the fifth grade confrontations between Edward and his classmates included a practice of making faces at Edward that requires some explanation. Edward states that certain unspecified classmates would sometimes "pull the outer edge of their eyes toward the back of their head with their fingers to make themselves look asian and make fun of me." Id. Apparently, this practice was used to approximate the facial characteristics of those with asian ancestry; specifically, the morphology of the eyes that are sometimes associated with asian ancestry. In general, Edward contends that he told Sins about these encounters on "numerous occasions." Edward Aff. ¶ 14.
In October 1999, Edward maintains that an incident with other students ended with one student pushing Edward down on the floor and hitting him. Edward Aff. ¶ 15. Both Edward and Rhodora met with Sins to complain about this incident. In response, Sins:
met with the students and explain[ed] that name-calling and teasing is hurtful and potentially destructive behavior that is not acceptable in school or on the school bus. [Sins] also called the children's parents to discuss the incident and reiterate what [she] told the children. [Sins] asked the parents to speak to their children about their conduct in order to prevent any further incidents from happening in the future. As a form of discipline, the children involved in the incident, except for Edward, had to eat lunch with [Sins] in [her] office and were suspended from recess. Edward was never given a consequence over the [] incident.
Sins Aff. ¶ 19. Within a few days of Sins' actions, the child who purportedly pushed and hit...
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