misconduct and the misconduct in this particular case is that all african american male students were sent to the office because of die in their hair you had other students  students female students black and wife you must do this but they were not sent to the office because of their hair was done that you have a situation where all the african american males  sent to the office and mr james school happened to me one of those african american males he was prohibited from going to class and the white students and the other female students who had done their hair they were not prohibited from going to class are you and i couldn't help for sure but you sued originally sued individuals and the school board on appeal it appears you're only so we're not we don't have any claims against end of it dependents and their individual capacities all we're talking about is the school board that's curriculum and you agree that when you're suing the school board you have to show you gave notice to the school board for every one of your claims that's correct yeah ok how did you give that notice to the school board that would allow you know porn on every one of your plans in this particular case miss bonnie kirk was the original complain superintendent the president of the school board one of the school board members and with one of the officers were fair officers in that meeting she discussed and she recorded wish to complaints they send their sheet she recorded her conversations that she had with those individuals which would be considered the appropriate persons for complaining to which she said she felt that her child was being discriminated against because he had done his hair and no other students know why stu's and the other female were facing the same adverse reactions that he was subject of of the group you listed the only person that is art of the before and she also told of the individuals going up again i'm focused on school board and this notice that's required to the school board you're saying occurred at one meeting with others in the room so is there any other incidents where any form of notice was given to any member of the school board yes if not the grievance when did she fall her grievance she files or reviews after mr her son mr sewell was suspended as a result of being retaliated because she reported that he was had been discriminated against her grievance with the school board that she filed did that have to do with the hair color or did that have to do with his being suspended yes she our time board and the basis upon which you say they're not during that particular time there were instances or series of retaliation harassment that one of the school of fish use over a protracted period of i hope i have answered the court's question as relates to the time periods were gone and the reason why is not prescribed that st discriminatory act because in the st discriminatory act you have a series from those asserting you you you claim discrimination and such are but are you basically of sorting two claims hostile environment and retaliation we are asserting discrimination hand right right so then want them but then after that it sounds like only your client was subject to the continuing urashima he was support of the group that was sent to the office a those individuals so you have the intentional discrimination because you have around the only african american males and that they're here you have not been rounded black the school principal white or black white the school board president white or black black and this crew board member of white or black  of the four individuals one was white three were black yes or i i heard the argument that was just presented about students being call to the office a lawsuit doesn't say who said after all african american students to the office it does not say that any of the descendants specifically said sen all african american students to the office to the extent that that actually so i wanted to address that issue right off the bat we're saying which among the five defendants that i represent specifically said send all african american males to the office furthermore and the petitioner in the complaint it is noted that having two tone hair two colors of dot multiple color hair was the issue with only jail and soon in the complaint it indicates that there was a very specific conversation that jaylen soon as mother the original plaintiff in this case bonnie k had an a per chance meeting with the superintendent of schools in the hallway at the school where the superintendent noted specifically that it was the multi color complaint that the superintendent was apprised that there was an issue at all that is very important because as i have briefed the superintendent is the only authority in the case who would be an appropriate person who had corrective who had the ability to take corrective action to the extent that there was a parties they could not be appropriate persons because they were the discriminating parties identified in the complaint complaining to the school board w louisiana revised statutes placed total control of all personnel matters into the hands of the superintendent completely stripped that power from school boards so from july st two thousand and twelve forward the only person that would have authority to impose any type of corrective rankin's on martin would be the superintendent that's important for the following reason the only indication of bonnie kirk about jaylen soules having multiple callers of dot in his hair the only other matter that was mentioned to the superintendent on that her is that she observed three white students who had died in their hair in the hallway but notice miss curtis said that she saw three white students done in their hair not multi color dark in their hair like jaylen school which is what the problem was which is what the superintendent pointed out in that policy or some other policy to express their wow who died here but disallow motoric over here on the date in question the superintendent stated that there was a policy against having outlandish hairstyle is that what's in the complaint that was the statement attributed to the superintendent as he explained the issue to ms bonnie kirk the original p miss kurt your son's here is a problem because it is outlandish as outlandish because it has multiple colors of duck that distinguishes your son from any other student that has died in their hair because they have only one cup believing as part of saying that say and it's in violation of the school policy in the rule cite sanna's outlandish to mean he said and it's in violation of the rule yes sir so he told her that no other i cannot represent or mis represented at as the case may be exactly what it was years and he said he told it was outlandish and all that which i had to use a little different in saying is that the superintendent indicated that there was a policy against having outlandish here stuff and that it was the multiple colors of the doubt that made the hairstyle outlandish that was the explanation given in the complaint now you are this is extremely important because other than this one exchange in the hallway and consequential for the purposes of busy whether a plausible claim has been asserted in this particular instance for the following reason because the school board would it either individual school board members or collectively would not be the appropriate person or the appropriate party that would have actual knowledge of intentional discrimination and that would have the power to institute corrective action why because of the actions of martin and the actions of rank and rankings that are at issue and if that's true under title seventeen section eighty one only to superintend it has the power to would he would if that is the question the answer is obviously guess notwithstanding the fact if it comes before the school board why don't you know the answer to whether there was a grievance found or not you represent the board not that it was violation doctrine which the supreme court has recognized for hostile work environment or this case hostile school environment claims why want to continue in violation doctrine apply your honor i am not aware of any authority with extended to this particular instance where we're dealing with title six allegations title nine allegations and but you know it doesn't the case law usually say we just borrow title seven for you know mcdonnell douglas you borrow all these things from granted i haven't yes sir now and now in this particular instance the question becomes what are those continuing valentia and what are those continuing allegations and again if you come up on one thing i think she would say it's rankin continuing to harass and calling him names and things like that yes or then the question becomes the superintendent apprised of i know that's an issue but i mean i'm just wondering what the limitations i know it's a separate issue about notice i get that now but the retaliation claim wasn't i think that goes to his suspension or not being able to go to the football game isn't that within the time period it is based upon what is alleged in the complaint that is true now interestingly enough august of two thousand and sixteen no two had references made to the attachment from the office of civil rights regarding that particular event where even the office of civil rights even though c r came to the conclusion that there was a valid reason or a reasonable basis for the school district in that instance involving november two thousand  t of a female student on the school campus and so the actions of the school district as described by the office of civil rights was in conjunction with that incident where a female student was assaulted on the school campus hints his inability to participate with the football team was based on that incident not incident not the matter is going back to august of two thousand and sixteen even though that is what's being argued in this case is nothing else that i can infer size on this particular point again in light of that important legislative change that took effect on july st two thousand and twelve following complain to take any action against an employee why because the explicit language in title seventeen section eighty one dollars says that the school board will delegate all authority to the ok she sued wrong party yada yada which you're arguing now no sir i did not raise that issue early on my raising that issue now is to respond to the matters that have been raised at present and to answer or to explain why it is in consequential or should be considered inconsequential by this court of whether or not a grievance was filed with the  only to answer the matters that are raised today before and as relates to the superintendent who you focused on to the extent of grievances of whatever and the superintendent was aware of it does that and with some level of precision what does the grievance deal with that's really one of the core problems with this case from the inception mini allegations but what assad from the conclusions what artifacts that map to demonstrating an entitlement to relief under title six under title  however of how in many instances arguments can be misplaced found interesting and i don't know but up what i just don't recall seeing it before that when the st report recommendation was prepared instead of appealing to the district judge and filing of objections instead plaintiff amended the complaint is that the way it happened yes or ever two events saw the states that the superintendent course in the two tone they were trying to follow the tree in but to make are you referring to a football player i'm in front of mr so i know you said some back on who is back oh yes he was a football player  did not respond to the grievance i do not say well let's stick with let's stick with the complaint because that's all we have before us is or the department of education office of civil rights report is incorporated and within that report they interview they did a very thorough investigation they interview teachers teachers it the students had data in the tip ends of their hair they could be farrior it in brown as gold which meant that their hair was too  also so they're for it didn't seem like it was a problem with the school because the school driscoll that mr superintendent been drinking was making a reference and that the called no sir there's no such policy exists absolutely not in a pill it didn't even address that if it did if it was one he didn't address then there's no absolutely no policy at all so if there were some type of outlandish i mean everybody with the like so i don't know how that could be outlandish in the particular issues here what as it relates to actual knowledge mr kurt and you will find in the she recorded old conversations and told them she felt that her son had been discriminated against person has been tolerant of unions that is in the complaint i want what is your response to the fact that notice has to be given to the superintendent as opposed to given to the school board my response is that she gave notice to the superintendent when she had a discussion and record the congregation wishes telling him that she felt that her son was being discriminated this is before the grievance this is before the grievance though are you contending that that notice was given so you're not saying notice was given to the superintendent about the grievance that's not your complaint i'm seeing and noticed that  saying yes it is i'm so i'm sorry because of the palm of education have it in their report this she recorded that conversation also of the notice being given about the grievance that is and she had two conversations with two conversations with the superintendent the principal the dean of students who was causing the problems the president of the money goes to the school system she had converse this she recorded all her conversations even with at the school board meetings she recorded her conversations now the court asked a question and this is in the report and recommendation the original  judge requested or said that if we wanted to him in our report we can do so so this is only this this is the st amended complaint this is not the nd of the rd minute complaint this is the st we