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MICHAEL J. GARCIA
United States Attorney for the Southern District ofNew York
Attorney for the United States By: HEIDI A. WENDEL (HW-2854)
Assistant United States Attorney 86 Chambers Street, 3n1 Floor New York, New York 10007 Tel.: (212) 637-2769 Fax: (212) 637-2686

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------J( AB, an infant, by her aunt and legal guardian, CD; EF; GH, an infant, by her father and natural guardian U; KL; and CATHY CONLEY,

Plaintiffs,

CONSENT DECREE

- against-

RHINEBECK CENTRAL SCHOOL DISTRlCf, and THOMAS MAWHTNNEY,

Defendants.
-----------------------------------------------------------------J( UNITED STATES OF AMERICA,

03 Civ. 3241 (SCR) (GAY)

Plaintiff-Intervenor,

- against-

RHINEBECK CENTRAL SCHOOL DISTRICT,

Defendant. -----------------------------------------------------------------J(

WHEREAS, on May 9,2003, plaintiffs Beth Ann Van Tassel ("AB" in the caption), Jeannine Surrico ("EF" in the caption), Laura Dewitt ("GH" in the caption), and
Michelle Wyant ("KL" in the caption), who are fonner students of Rhinebeck Central High

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School (the "High School") in Rhinebeck, New York; Jennifer Berry, Beth Van Tassel's aunt and
former legal guardian ("CD" in the caption); Robert Dewitt, Laura Dewitt's father ("D" in the caption); and Cathy Conley ("Conley",), an employee at the High School (collectively, the "private plaintiffs"), filed a complaint in this Court against the Rhinebeck Central School District
(the "District") and Thomas Mawhinney ("Mawhinney"), then the Principal of the High School, alleging that the District and Mawhinney were in violation ofTitle IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-88, as a resu1t ofsexual harassment of the former .student plaintiffs, and retaliation against plaintiff Conley, among other allegations; and
WHEREAS, on August 29, 2003, the private plaintiffs amended their complaint;
and
WHEREAS, in their answers to the private plaintiffs' complaint and amended
eomplaint, defendants denied the private plaintiffs' claims; and WHEREAS, the United States of America (the "Government") moved to
intervene in the action with respect to the claims of the fanner student plaintiffs against the District, and on August 25,2004, the Court granted the Government's motion; and
WHEREAS, in its answer to the Government's complaint-in-intervention, the District denied the Government's claims; and
WHEREAS, on March 23, 2005, the Court dismissed claims brought by plaintiff Michelle Wyant on the ground that they were barred by the statute of limitations; and
WHEREAS, Mahwinney is no longer PrincipaJ of the High School or working for
the District, and he is not working in elementary or secondary school education; and WHEREAS, the parties desire to avoid costly and protracted litigation and have
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agreed to resolve the private plaintiffs' and the Government's claims against defendants without the necessity of a trial;
NOW, THEREFORE, it is ORDERED, ADJUDGED, AND DECREED as
follows: I. FACTUAL BACKGROUND
A. The District is organized, and exists, pursuant to the laws of the State of New York and is responsible for administering educational services for all students emolled in the District, including students at the High School. The District is a recipient ofFederal financial assistance and therefore is subject to Title IX ofthe Education Amendments of 1972 ("Title IX"),
20 U.S.C. §§ 1681-1688, which prohibits recipients of Federal financial assistance from
discriminating on the basis ofsex in educational programs or activities. B. The private plaintiffs and the Government contend that over the ten year
period from 1993 through 2003, Mawhinney subjected the fonner student plaintiffs and other female students at the High School to unwelcome sexual harassment that constituted discrimination on the basis of sex. The private plaintiffs and the Government contend that the sexual harassment to which the fonner student plaintiffs and other female students at the High School were subjected was severe, pervasive and objectively offensive.
C. The private plaintiffs and the Government contend that Mawhinney's behavior with respect to the fonner student plaintiffs and other female students at the High Schoo] created a hostile educational environment.
D, The private plaintiffs and the Government contend that District officials
with authority to rectify the situation received actual notice of incidents in which Mawhinney
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sexually harassed the former student plaintiffs and other female students at the High School, and
that District officials were deliberately indifferent to the sexual harassment to which the fonner
student plaintiffs and other female students at the High School were subjected.
,
E. The private plaintiffs and the Government contend that the District's deliberate indifference prevented the fonner student plaintiffs and other female students at the High School from enjoying the educational benefits and opportunities provided by the District.
F. Conley contends that Mawhinney retaliated against her in violation of Title IX.
G. The District denies each and every one ofthese contentions.
n. SCOPE AND DURATION OF TIlE CONSENT DECREE
A. This Consent Decree is effective immediately upon its entry by the Court and shall remain in effect for three (3) years from the date of entry or ninety (90) calendar days
vn after the last report under Section is received, whichever date is later, absent an extension as
set forth in Section IT.C. B. The Court shall retain jurisdiction over this action during the three-year
period specified above, absent an extension as set forth in Section IT.C., to ensure compliance with allprovisions of this Consent Decree and to resolve any dispute that may arise under this Consent Decree.
C. The Government may move the Court to extend the period in which this Consent Decree is in effect if the Government determines that the District has failed to perfonn in a timely manner any act required by the Consent Decree or otherwise acts in violation of any provision of the Consent Decree, or if the interests ofjustice otherwise require an extension of
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the period in which this Consent Decree remains in effect.
D. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of, and compliance with. this Consent Decree
prior to bringing such matters to the ~ourt for resolution. However, in the event that the District either fails to perform in a timely manner any act required by this Consent Decree or otherwise acts in violation of any provision of this Consent Decree, the Government may move the Court to impose any remedy authorized by law or equity, including, but not limited to, an order extending the period during which this Consent Decree is in effect and requiring performance or nonperformance of certain acts and an award of any damages, costs, and attorneys' fees that may have been occasioned by the District's actions or non-actions.
E. The parties agree that the time limits set forth throughout this Consent Decree may be extended upon mutual 'consent of the parties.
m. GENERAL INJUNCTIVE RELffiF
The District, its agents, employees, successors, and all persons in active concert or participation with it, are enjoined from:
A. Engaging in any act or practice that discriminates against any student on the basis of that student's sex in the administration or provision of educational services, programs, opportunities or benefits;
B. Failing to respond promptly and appropriately to allegations of harassment or discrimination on the basis of sex;
C. Retaliating against any student or employee because that student or
employee has alleged, filed, or participated in a complaint with the District or any federal, state,
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local or non-governmental entity concerning harassment or discrimination on the basis of sex.
IV. RETENTION OF EXPERTIDEVELOPMENT OF COMPREHENSIVE PLAN
AND TRAlNING PROGRAM A. The District shall retain an expert in the area of sexual harassment
prevention and training in the context of elementary/secondary school education to: 1. Evaluate the District's policies. practices and procedures for preventing.
identifying and remediating harassment and discrimination on the basis of sex; 2. Conduct a school climate assessment. in consultation with the
superintendent, and prepare a written analysis of each school in the District regarding administration-to-student and teacher-to-student interactions, to detennine whether circumstances warrant school-specific actions;
3. Develop a comprehensive plan to prevent, identify, and remediate
harassment and discrimination on the basis of sex (the "Comprehensive Plan"), as described in Section V below; and
4. Develop a mandatory education and training program (the "Training Program"), as described in Section VI below, for all District school board members and employees and for students.
B. Within one hundred and eighty (180) calendar days from the date of
selection of the expert pursuant to Section IV.e below, the District shall deliver to counsel for
the Government, at the U.S. Attorney's Office, 86 Chambers Street, 3rd Floor, New York, New York 10007 (to the attention of AUSA Heidi A. Wendel). a copy of the written school climate assessment and analysis, the proposed Comprehensive Plan, the proposed Training Program, and
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all supporting materials. C. The expert shall be chosen through the following process: Within sixty
(60) calendar days from the date of entry of this Consent Decree, the District shall submit to counsel for the Government the names and resumes of at least two individuals and/or organization(s) with expertise in the area ofsexual harassment prevention and training in the context of elementary/secondary school education. The Government shall approve each individual or organization submitted unless it has good cause to challenge their qualifications or to assert that they have a conflict of interest, in which event the Government and the District shaH endeavor to agree on another individual or organization. Failing such agreement, the issue of whether the Government had good cause to challenge the qualifications or assert a conflict of interest concerning the individuals or organizations submitted and, if so, what individual or organization shall serve under this Consent Decree shall be submitted to the Court for determination. The District shall be authorized to choose any individual or organization approved by the Government.
D. The District shall pay all the fees and costs of the expert. V. COMPREHENSIVE PLAN FOR PREVENTING, IDENTIFYING A...l>ffi
REMEDIATING HARASSMENT AND DISCRIMINATION ON TIlE BASIS OF SEX The Comprehensive Plan shall be implemented by the District within forty five
(45) calendar days from the date of submission of the Comprehensive Plan pursuant to Section
rv.B above, and shall, at a minimum, include the following provisions:
A. The District's general statement ofpolicy. The District shall revise its written policy prohibiting harassment and discrimination on the basis of sex, as needed. to ensure
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that the written policy (1) sets forth the District's commitment to protect students from harassment and discrimination on the basis of sex and to maintain a nondiscriminatory environment as concerns harassment or discrimination against students on the basis of sex; (2) states that all students, regardless of sex, are entitled to an educational environment free from harassment and discrimination on the basis of sex; (3) reaffirms that the District shall respond to complaints of sexual harassment agaiI;lst students or employees on the basis of sex promptly and appropriately; (4) requires all District employees to promptly report, to the appropriate compliance coordinator, any harassment on the basis of sex that they observe, are informed of, or reasonably suspect; and (5) prohibits retaliation against students or District employees who report allegations of harassment or discrimination on the basis ofsex, or who participate in the reporting or investigation of such allegations.
B. Definitions and examples ofprohibited conduct. The District shall define harassment and discrimination on the basis ofsex and provide concrete examples of sexual harassment. The revised policy shall define harassment and discrimination to include all sexually inappropriate conduct, including purely verbal conduct.
C. Policies and procedures for reporting prohibited conduct. 1. The District shall explain how to report allegations of harassment
and 'discrimination, and with annual revisions (as appropriate), identify to whom at each school such allegations should be reported. The District shall set forth complaint procedures within the District and shall also inform students and their parents of their right to file complaints with the U.S. Department of Education, the U.S. Department of Justice, and other state or local entities.
. 2. The revised policy shall state that anyone with relevant infonnation
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may report allegations of harassment or discrimination, whether that person is a student, District employee, parent or guardian, or any other person who has relevant information. The revised policy shall state that the person reporting the harassment or discrimination need not be a witness to the alleged incident of harassment 9r discrimination in order to report aUegations of harassment or discrimination.
3. The revised policy shall state that any person reporting harassment or discrimination must he treated respectfully and appropriately by the compliance coordinator to whom he or she reports the allegations and any other person within the District's control who is involved in the reporting process.
4. The revised policy shall state that alleged incidents ofharassment or discrimination may be reported anonymously and that the District will investigate such alleged incidents to the best of its ability as thoroughly as allegations that are not reported anonymously.
D. Policies and procedures for investigating complaints. 1. The District shall describe the steps it will take to respond to
reported incidents ofharassment or discrimination, including but not limited to taking disciplinary measures against those found to have engaged in such acts.
Z. The revised policy shall state that the District will investigate allegations of discrimination or harassment to the best of its ability regardless ofwhether the
alleged victim of the harassment or discrimination is identified or is willing to speak with the
compliance coordinator or with any other person investigating the allegations.
3. The revised policy shall state that the compliance coordinator
investigating an alleged incident of harassment or discrimination must interview all identifiable
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witnesses of an alleged incident to the extent that the alleged ~tnesses are willing to be interviewed.
4. The revised policy shall state that in reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator, taking into account such factors as whether the alleged perpetrator's statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.
E. Policies and procedures for remediating violations. 1. The District shall explain the disciplinary measures available
against persons who are found to have engaged in harassment or discrimination on the basis of
sex. Corrective action shall be, among other things, calculated to end the harassment or
discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit andlor interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District.
2. The revised policy shall provide that if the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to disciplining the perpetrator beyond the actions that have already been taken.
F. Policies regarding confidentiality. The District shall explain what efforts
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it will make, consistent with its legal obligations to investigate, to take appropriate action, and to confonn with any discovery or disclosure obligations, to respect the privacy of the complainant, the victim, individuals against whom a complaint is filed, and witnesses.
O. Dissemination ofpolicies and procedures. and training of personnel. The District shall inform all employees ofthe requirements of the Consent Decree and shall post, in
prominent places throughout each school and District administrative building, its revised policies
concerning harassment and discrimina,tion on the basis of sex. H. Dissemination ofpolicies and procedures to students and parents. The
District shall inform students and their parents, through, at a minimum, annual meetings with all students, an annual distribution ofnotices to students and mailings to parents or guardians, and inclusion in student and parent handbooks, of the District's policies prohibiting harassment and discrimination on the basis of sex, including how and to whom to report harassment or discrimination, how to tile a formal complaint, and what steps the District will take to investigate complaints and discipline those found to have engaged in prohibited conduct.
I. Student curriculum. As part of each school's regular curriculum commencing with the 2006-2007 school year, the compliance officer(s) the District appoints pursuant to Section V.I below shall, at least annually, train students (using age-appropriate training material) about preventing, identifying and responding to harassment and discrimination on the basis ofsex.
The training shall, at a minimum, include the following:
1. Infonning each student ofthe District's policies prohibiting any act or practice that has the purpose or effect of discriminating against any student on the basis of that
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student's sex in the administration or provision of educational services, programs, opportunities
,
or benefits, including the policies prohibiting retaliation against any student who reports an
incident ofharassment or discrimination or participates as a witness or otherwise in the investigation of an incident of alleged harassment or discrimination;
2. Infonning each student of the District's procedures for the prompt reporting of incidents ofharassment or discrimination;
3. Holding a question and answer session to review each of the
foregoing areas. J. Designation ofcompliance coordinators. 1. The District shall appoint at least two compliance coordinators and
shall empower them to receive and investigate complaints ofharassment or discrimination. and to take such other actions as may be delineated. There shall be one male and one female compliance coordinator. The District shall ensure that appropriate time is afforded the compliance coordinators to fulfill their duties as described in this Consent Decree.
2. The District shall infonn its employees, students and parents or guardians of the identities and roles of the compliance coordinators, and provide their names, business addresses and telephone numbers. The District shall provide the compliance coordinators with appropriate training, which shall be conducted by the expert retained by the District pursuant to Section N above. Such training shall, at a minimum, include (1) how to investigate allegations of harassment or discrimination on the basis of sex; (2) how to document and maintain records of such investigations; (3) how to balance the complainant's privacy and confidentiality concerns with the notification ofcomplainant's teachers to prevent additional
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incidents ofharassment or discrimination; and (4) how to remediate such harassment or discrimination.
3. Any new compliance coordinators who may be designated in the future shall receive appropriate training within thirty (30) calendar days.
4. The revised policy shall provide that the complainant, the alleged
victim, and the alleged witnesses of an incident of harassment or discrimination shall have the
right to request that he or she be interviewed by a compliance officer ofthe same sex as he or she. The District shall inform the complainant, alleged victim and alleged witnesses ofthis right prior to interviewing them.
5. The revised policy shall provide that in the event that the alleged perpetrator of an incident of harassment or discrimination is one ofthe compliance coordinators, that compliance coordinator will not conduct the investigation into the incident.
K. Record-keeping. The District shall maintain a written record ("Incident Report") of each and every allegation, whether verbal or in writing, of harassment or discrimination on the basis of sex. The Incident Report shall, at a minimum, include (1) the name of the person making the allegations (but when the complaint is made anonymously. this name shall be redacted from the report distributed to the board and to any person other than the Title IX compliance officer(s», and, if different, the name of the alleged victim; (2) the nature of the allegation and the date of the alleged incident; (3) the names ofal) persons alleged to have committed violations; (4) the names of all persons who may have relevant infonnation about the incident; (5) the written statements ofthe complainant, the victim (if different from the complainant), the alleged perpetrator, and any witnesses; (6) the outcome of the investigation; (7)
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any action taken by the District~ and (8) copies of any documents supplied to the District or created during the investigation or complaint process. The Incident Report shall be completed no
later than fifteen (15) calendar days after the date upon which the complaint is :first made. The
compliance coordinators, the school building principal, and the Superintendent shall be supplied with a copy of each such Incident Report, and, in a space specifically designated, each shall initial the Incident Report to indicate that he or she has reviewed the Report and approves of the actions taken by the investigating official. A copy of each Incident Report must be provided to District school board members. VI. MANDATORY EDUCATION M'D TRAINING PROGRAM
A. The District shall begin implementation of the Training Program within forty five (45) calendar days from the commencement of the 2006-2007 school year. The District shall ensure that all District school board members and employees have participated in the Training Program within sixty (60) calendar days of commencement of the program.
B. The Training Program shall, at a minimum,·include the following: 1. Infonning each individual ofthe District's policies prohibiting any
act or practice that has the purpose or effect of discriminating against any student on the basis of that student's sex in the administration or provision of educational services, programs, opportunities or benefits, including the policies prohibiting retaliation against any individual who reports an incident of harassment or discrimination or participates as a witness or otherwise in the investigation of an incident of alleged harassment or discrimination;
2. Informing each District school board member and employee orhis or her duties and responsibilities under the District's Comprehensive Plan for preventing,
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identifying and remediating harassment and discrimination on the basis of sex, and of the consequences to each individual for failure to comply with these duties and responsibilities;
3. Informing each individual of the District's procedures for the prompt reporting ofincidents of harassment or discrimination;
4. Discussing with District school board members and employees how to structure a classroom and school environment in which harassment and discrimination are not tolerated;
5. Holding a question and answer session to review each of the foregoing areas; and
6. Certification of attendance by the person conducting the Training Program for each person attending the. program.
C. The District shall conduct a comparable Training Program within forty five (45) calendar days of the start of each school year.
D. New District school board members and employees shall participate in a comparable Training Program commencing with the 2006-2007 school year, within forty five (45) calendar days after the start of the school year or, in the event that said school board member or employee commences hisJher position more than forty five (45) calendar days after the start of the school year, within thirty (30) calendar days of the school board member's or employee's commencement of hislher position.
E. Training conducted pursuant to Subsections A and C of this Section shall be conducted by the expert retained by the District pursuant to Section IV above. All other training of school board members and employees may be conducted by the compliance officers.
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VII. REPORTS TO THE GOVERNMENT A. Six months after the date on which this Consent Decree is entered by the
Court, and annually thereafter from the effective date of the Consent Decree, the District shall deliver to counsel for the Government, at the address set forth above, a detailed report covering the preceding period containing info~ation about the District's compliance efforts with this Consent Decree, including but not limited to:
1. Copies of the District's policies and procedures for preventing, identifying, reporting and responding to harassment and discrimination on the basis of sex, including any revisions since the previous report;
2. Copies ofnotices and other materials provided to employees, students and parents of the District's policies and procedures for preventing, identifying, reporting and responding to harassment and discrimination on the basis ofsex, and a description ofbow and when these notices and materials were distributed;
3. Copies of the agenda (including date of training) and all materials used in the Training Program for District school board members and employees;
4. Copies of all certifications of attendance ofDistrict school board members and employees in the Training Program;
5. A list of compliance coordinators, by sex and job title; 6. Copies ofthe agenda (including date of training) and all materials used in the training of compliance coordinators; 7. The names of all trainers and copies of their resumes, vitae andlor brochures;
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8. Copies of all posters or notices regarding harassment and discrimination on the basis of sex, and a description of when they were posted and where;
9. Copies f;'faU Incident Reports, as described in Section V.K, above, with redactions of the names ofminor students or a request that the Government maintain the confidentiality of these records to the extent pennitted by law; and
10. Narrative descriptions of upcoming training and other activities related to the prevention of harassment and discrimination.
B. Within sixty (60) calendar days of receipt of any of the above reports. the Government may request, in writing, clarifications of, or supplementation to, the report. In that event, the District shall provide such clarifications and/or permit the inspection and copying of supplemental materials as the Government may reasonably request. VIII. COMPENSATION OF THE PRIVATE PLAINTIFFS
A. This Consent Decree does not constitute, nor shall it be construed as, an admission of liability or wrongdoing by the District.
B. As provided in a separate settlement agreement between the private plaintiffs and the District, the District shall pay a total of one hundred and fifty-two thousand and five hundred dollars ($152,500) (the "Settlement Amount") to the private plaintiffs and their counsel as follows: The District shall pay thirty-two thousand and five hundred dollars ($32,500) to Beth Ann Van Tassel; ten thousand dollars ($10,000) to Laura Dewitt; ten thousand dollars ($10,000) to Jeannine Surrico; trurty-five hundred dollars ($3,500) to Cathy Conley; and ninetysix thousand and five hundred dollars ($96,500) to the private plaintiffs' counsel, Bantle & Levy. These payments shall be made within ten (10) business days from the date of entry of this
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Consent Decree, by checks made payable to each of the private plaintiffs and private plaintiffs' counsel.
IX. MISCELLANEOUS PROVISIONS
A. This Consent Decree constitutes the entire agreement between the Government and the District with respect to the claims asserted in the Government's complaintin-intervention, and this Consent Decree supersedes all prior understandings, whether oral or written, between the parties. Any amendments or modifications to this Consent Decree must be in writing and signed by the parties.
B. This Consent Decree shall inure to the benefit of and be binding upon the parties to this Consent Decree.
C. The Confidentiality Stipulation and Order is amended solely to pennit the disclosure of the names ofthe former student plaintiffs and is unchanged in all other respects.
D. This Consent Decree maybe signed in counterparts, each ofwruch shall be

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an original and shall constitute one and the same instrument.
Dated: F-e..-k>, ;;.1 , 2006 .
~ICHAEL J. GARCIA United States Attorney for the Southern District of New York Attorney for the United States
By: t!u&li; itid~
HEIDI A. WENDEL (HW-2854) Assistant United States Attorney 86 Chambers Street, 3n.1 Floor New York. New York 10007 Tel. No.: (212) 637-2769
WANJ. KIM Assistant Attorney General
JAVIER M. GUZMAN EMILYH. McCARTHY Attorneys Educational Opportunities Section Civil Rights Division U.S. Department ofJustice Washington, DC 20530
Tel. No.: (202) 305-3690

Dated:

,2006

SHAW & PERELSON, LLP Attorneys for Defendant Rhinebeck Central
School District

By:
MARK C. RUSHFIEW, ESQ.(MCR-0231) 40 South Roberts Road Highland, New York 12528 Tel. (845) 691-8100

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Dated: r(!/"''''--7 I ~-, 2006

By:

: D~t.r White Plains, New York

t/vc/t.., 'Z "Z-

' 2006

SHAW & PERELSON. LLP
Attorneys for Defendant Rhinebeck Central
School District
~/LZ:A.
MARK C. RUSHFIELD, ESQ.(MCR-023-l}
40 South Roberts Road Highland, New York 12528
Tel. (845) 691-8100

IR-ED:J--{!j?~

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 Case: 7:03-cv-03241-SCR As of: 03/24/2014 02:50 PM EDT 1 of 7
CLOSED, PJ−BDP
U.S. District Court Southern District of New York (White Plains) CIVIL DOCKET FOR CASE #: 7:03−cv−03241−SCR

AB, et al v. Rhinebeck Central Sc, et al Assigned to: Judge Stephen C. Robinson Demand: $1,000,000 Cause: 28:1343 Violation of Civil Rights Plaintiff AB an infant, by her aunt and legal guardian, CD
Plaintiff EF
Plaintiff GH an infant, by her father and natural guardian, IJ Plaintiff KL
Plaintiff Cathy Conley

Date Filed: 05/09/2003 Date Terminated: 04/18/2006 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Lee Frederick Bantle Bantle &Levy LLP 817 Broadway New York, NY 10003 (212) 228−9666 Fax: (212)−228−7654 Email: bantle@civilrightsfirm.com LEAD ATTORNEY
represented by Lee Frederick Bantle (See above for address) LEAD ATTORNEY
represented by Lee Frederick Bantle (See above for address) LEAD ATTORNEY
represented by Lee Frederick Bantle (See above for address) LEAD ATTORNEY
represented by Lee Frederick Bantle (See above for address) LEAD ATTORNEY

V. Defendant Rhinebeck Central School District
Defendant Thomas Mawhinney

represented by Mark Craig Rushfield Shaw &Perelson, LLP (Highland) 40 South Roberts Road Highland, NY 12528 8456918100 Fax: 8456918246 Email: mrushfield@shawperelson.com LEAD ATTORNEY
represented by Anne−Jo Pennock McTague Maynard, O'Connor, Smith &Catalinotto, LLP 6 Tower Place Albany, NY 12203

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(518) 465−3553 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James R. Schultz Maynard, O'Connor &Smith 80 State Street Albany, NY 12207 518−465−3553 LEAD ATTORNEY

Intervenor Plaintiff United States of America

represented by Heidi Ann Wendel U.S. Attorney's Office, SDNY (86 Chambers St.) 86 Chambers Street New York, NY 10007 (212) 637−2769 Fax: (212) 637−2686 Email: Heidi.Wendel@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff CD

represented by Lee Frederick Bantle (See above for address) LEAD ATTORNEY

Plaintiff IJ

represented by Lee Frederick Bantle (See above for address) LEAD ATTORNEY

Date Filed 05/08/2003 05/09/2003 05/09/2003
05/09/2003
05/22/2003
06/04/2003
06/11/2003

# Docket Text
Magistrate Judge George A. Yanthis is so designated. (jma) (Entered: 05/09/2003)
1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 472862. (jma) (Entered: 05/09/2003)
4 RETURN OF SERVICE of Summons &Complaint executed as to Rhinebeck Central Sc by leaving with Joseph Phelan at North Park Road, Rhinebeck, NY 12572, by Linda Johnson on 05/13/03. Answer due on 5/29/03 for Rhinebeck Central School. (dcr) (Entered: 06/10/2003)
4 RETURN OF SERVICE of Summons &Complaint executed as to Thomas Mawhinney by leaving with Joseph Phelan at North Park Road, Rhinebeck, NY 12572, by Linda Johnson on 05/13/03. Answer due on 5/29/03 for Thomas Mawhinney. (dcr) (Entered: 06/10/2003)
2 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided, a pretrial conference will be held for 11:00 7/28/03 , in courtroom 12D, 500 Pearl Street, New York, NY... So Ordered ( signed by Judge Lewis A. Kaplan ) (sv) (Entered: 06/03/2003)
3 Memo−Endorsement on letter addressed to Judge Kaplan from Wendy Merklen Freehart, dated 6/2/03. Re:... extension until 6/20/03 to serve an answer...ENDORSEMENT: So Ordered: ( signed by Judge Lewis A. Kaplan ); (pf) (Entered: 06/09/2003)
5 ANSWER to Complaint by Rhinebeck Central Sc (Attorney Mark C. Rushfield from the Firm: Shaw Y Perelson, LLP) . (jma) (Entered: 06/12/2003)

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06/11/2003
06/24/2003 07/18/2003 07/22/2003 08/18/2003 09/25/2003 10/22/2003 10/31/2003 11/25/2003 11/25/2003
11/26/2003 11/26/2003 02/11/2004 02/17/2004

6 STIPULATION and ORDER ENLARGING TIME: IT IS HEREBY STIPULATED AND AGREED by and between the attorneys representing the plaintiffs and the attorneys representing the deft. Rhinebeck Central School District in the above−captioned matter that the time for said deft. to answer the complaint or otherwise move with regard thereto is enlarged up to and including June 20, 2003. SO ORDERED: ( signed by Judge Lewis A. Kaplan ) (dcr) (Entered: 06/16/2003)
7 ANSWER to Complaint by Thomas Mawhinney (Attorney James R. Schultz from the Firm: Maynard, O'Connor, Smith &Catalinotto, LLP) . (sv) (Entered: 06/25/2003)
8 SCHEDULING ORDER: no additional parties may be joined after 8/15/03; no amendments to the pleadings will be permitted after 9/2/03; all discovery shall be completed on or before 2/19/04; a joint pre−trial order shall be filed on or before 3/19/03. ( signed by Judge Lewis A. Kaplan ); (jma) (Entered: 08/01/2003)
9 NOTICE OF MOTION by Thomas Mawhinney for to appear pro hac vice .No Return Date. (sv) (Entered: 08/05/2003)
10 ORDER granting [9−1] motion for to appear pro hac vice....it is hereby ORDERED, that the application for Pro Hac Vice Admission is hereby granted and Attorney WEndy Merklen Freehart shall be admitted to practice before this Court for the purposes of this action. So Ordered . ( signed by Judge Lewis A. Kaplan ); $25.00 Fee Paid. Receipt #475229. (sv) (Entered: 08/21/2003)
11 Notice of Case reassignment to Judge Stephen C. Robinson . Copy of notice and judge's rules mailed to Attorney(s) of record: James R. Schultz, Mark C. Rushfield, Lee F. Bantle . (dh) (Entered: 09/30/2003)
12 AMENDED COMPLAINT by AB, EF, GH, KL, Cathy Conley (Answer due 11/10/03 for Thomas Mawhinney, for Rhinebeck Central Sc ) amending [1−1] complaint against CD, IJ; Summons issued. (ll) Modified on 11/03/2003 (Entered: 11/03/2003)
13 STIPULATION and ORDER ...It is hereby Stipulated and Agreed...that pla's may amend their complaint to assert an additional Count for violation of the 14th Amendment to the Constitution. So Ordered. ( signed by Judge Stephen C. Robinson ) (fk) (Entered: 11/04/2003)
15 STIPULATION AND ORDER OF CONFIDENTIALITY:...(see document for details)... (Signed by Judge Stephen C. Robinson on 11/25/03) Copies sent by Clerk's Office.(pf, ) (Entered: 12/01/2003)
16 STIPULATION TO PERMIT FILING OF AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all parties to the above entitled action, that pursuant to FRCP 15, plaintiffs may amend their complaint to assert an additional count for violation of the Fourteenth Amendment to the Constitution. SO ORDERED: (Signed by Judge Stephen C. Robinson on 11/25/03) Clerk's Office Mailed Copies..(dcr, ) (Entered: 12/03/2003)
14 Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 11/26/2003. Next Pretrial Conference set for 5/4/2004 10:00 AM before Stephen C. Robinson. (Court Reporter Mary Staten) (fk, ) (Entered: 11/30/2003)
17 MEMORANDUM TO THE DOCKET CLERK: Pre−Trial Conference Held. Plaintiff proceeding Pro Se not present. Next Pre−Trial Conference set for 03/16/04 at 10:00 am. Deft. granted leave to file Motion to dismiss by 02/16/04, with a return date of 03/01/04. Court Reporter: Mary Staten. Submitted By: Brandon L. Skolnik. (dcr, ) (Entered: 12/04/2003)
18 MOTION to Dismiss Portions of the Amended Complaint. Document filed by Rhinebeck Central School District. (pf, ) (Entered: 02/23/2004)
19 MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss.. Document filed by Rhinebeck Central School District. (pf, ) (Entered: 02/23/2004)

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02/19/2004
03/11/2004
03/18/2004 03/18/2004 04/01/2004 04/05/2004 04/05/2004 04/06/2004 04/09/2004 05/24/2004
05/26/2004
06/16/2004 06/16/2004 06/29/2004 06/29/2004 07/26/2004 07/27/2004

20 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Lee F. Bantle dated 2/13/04 re:...The parties have agreed to a briefing schedule: 3/12/04−pntff's responding papers due; 3/22/04−Dft's Reply Papers Due....ENDORSEMENT: So Ordered:. (Signed by Judge Stephen C. Robinson on 2/18/04) Copies sent by Clerk's Office.(pf, ) (Entered: 02/25/2004)
21 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Lee Bantle dated 3/8/04 re: extension of papers, response papers due 3−26−04, reply due 4−9−04. (Signed by Judge Stephen C. Robinson on 3/11/04) The Clerks office has mailed copies.(dh, ) (Entered: 03/15/2004)
22 MOTION to Intervene. Document filed by UNITED STATES OF AMERICA. (pf, ) (Entered: 03/22/2004)
23 MEMORANDUM OF LAW in Support re: 22 MOTION to Intervene.. Document filed by UNITED STATES OF AMERICA. (pf, ) (Entered: 03/22/2004)
24 MEMORANDUM OF LAW in Opposition re: 18 MOTION to Dismiss.. Document filed by AB, CD, Cathy Conley, EF, GH, IJ, KL. (pf, ) (Entered: 04/07/2004)
25 AFFIDAVIT of Mark C. Rushfield in Opposition re: 22 MOTION to Intervene.. Document filed by Rhinebeck Central School District. (pf, ) (Entered: 04/08/2004)
26 MEMORANDUM OF LAW. Document filed by Rhinebeck Central School District. (pf, ) (Entered: 04/08/2004)
27 REPLY MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss.. Document filed by Rhinebeck Central School District. (pf, ) (Entered: 04/09/2004)
28 REPLY MEMORANDUM OF LAW in Further Support re: 22 MOTION to Intervene.. Document filed by UNITED STATES OF AMERICA. (dcr, ) (Entered: 04/15/2004)
29 SCHEDULING ORDER: The case is to be tried to a jury; Joinder of Additional Parties by 6/26/04; Amended Pleadings by 8/26/04; Interrogs by 8/26/04; 1st Request for Prod of Docs by 8/26/04; Depositions to be completed by 10/26/04; Any further interrogs, including expert by 11/26/04; Requests to admit by 11/26/04; All discovery to be complete by 12/31/04; Case Management Conference set for 12/3/2004 11:00 AM before Stephen C. Robinson. (Signed by Judge Stephen C. Robinson on 5/26/04) Copies sent by Clerk's Office.(pf, ) (Entered: 05/27/2004)
Minute Entry for proceedings held before Judge Stephen C. Robinson : Initial Pretrial Conference held on 5/26/2004. Nest ptc set for 12−3−04 at 11 am. Dft to file motion by 6−25−04, plaintiff to file response by 7−16−04, dft to reply by 7−30−04. (dh, ) (Entered: 05/28/2004)
30 MOTION for Partial Summary Judgment. Document filed by Rhinebeck Central School District. (pf, ) (Entered: 06/16/2004)
31 MEMORANDUM OF LAW in Support re: 30 MOTION for Partial Summary Judgment.. Document filed by Rhinebeck Central School District. (pf, ) (Entered: 06/16/2004)
32 MOTION to Dismiss the Claims of Plntff KL., MOTION for Summary Judgment. Document filed by Thomas Mawhinney. (pf, ) (Entered: 06/29/2004)
33 MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss. MOTION for Summary Judgment.. Document filed by Thomas Mawhinney. (pf, ) (Entered: 06/29/2004)
34 REPLY AFFIDAVIT of Anne−Jo McTague in Support re: 32 MOTION to Dismiss. MOTION for Summary Judgment.. Document filed by Thomas Mawhinney. (fk, ) (Entered: 07/26/2004)
35 REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Partial Summary Judgment.. Document filed by Rhinebeck Central School District. (Rushfield, Mark) (Entered: 07/27/2004)

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07/27/2004 08/02/2004 08/02/2004 08/02/2004 08/25/2004
09/27/2004
11/08/2004
03/07/2005 03/22/2005 06/28/2005 07/11/2005

36 AFFIDAVIT OF SERVICE of Reply Memorandum of Law on Behalf of Defendant Rhinebeck Central School District in Support of Motion for Partial Summary Judgment served on Lee F. Bantle, Esq.; Heidi Wendel, AUSA; Anne−Jo McTague, Esq. on 7/27/04. Service was made by MAIL. Document filed by Rhinebeck Central School District. (Rushfield, Mark) (Entered: 07/27/2004)
37 RULE 56.1 STATEMENT. Document filed by KL. (fk, ) (Entered: 08/05/2004)
38 AFFIDAVIT of Lee Bantle in Opposition re: 30 MOTION for Partial Summary Judgment.. Document filed by KL. (fk, ) (Entered: 08/05/2004)
39 MEMORANDUM OF LAW in Opposition re: 30 MOTION for Partial Summary Judgment.. Document filed by KL. (fk, ) (Entered: 08/05/2004)
40 MEMORANDUM DECISION &ORDER re: 18 MOTION to Dismiss. filed by Rhinebeck Central School District, 30 MOTION for Partial Summary Judgment. filed by Rhinebeck Central School District, 22 MOTION to Intervene. filed by United States of America, Motions terminated: 18 MOTION to Dismiss. filed by Rhinebeck Central School District, 30 MOTION for Partial Summary Judgment. filed by Rhinebeck Central School District, 22 MOTION to Intervene. filed by United States of America.... For all of the foregoing reasons(see document for details), this COurt hereby finds the following: A. The District's mOiton to Dismiss is denied; and B. The Government's Motion to intervene is granted. So Ordered: (Signed by Judge Stephen C. Robinson on 8/24/04) Copies sent by Clerk's Office.(pf, ) (Entered: 08/26/2004)
41 AMENDMENT TO CONFIDENTIALITY STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned parties, and ORDERED by the Court, that the Confidentiality Stipulation and Order signed by the Court on November 25, 2003 (the "Confidentiality Order") is amended to add Plaintiff−Intervenor the U.S.A. ("United States") as a party to the confidentiality Order and the United States shall have all of the same rights and duties with respect to Confidential Information (as defined in the confidentiality order) as the original parties to the Confidentiality order. SO ORDERED: (Signed by Judge Stephen C. Robinson on 09/23/04) Clerk's Office Mailed Copies..(dcr, ) (Entered: 09/27/2004)
42 LETTER addressed to Judge Robinson from David N. Kelly dated 10/22/04 re: Request that the discovery deadlines be extended for four months as follows: Depositions by 02/26/05; Interrogatories by 03/26/05; Requests to admit by 03/26/05; All discovery to be complete by 04/30/05 −Next Case Management Conference a date in April that is convenient for the Court. ENDORSED: SO ORDERED:. Document filed by United States of America.(dcr, ) (Entered: 11/12/2004)
43 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Heidi Wendel dated 2/24/05 re:... to request a 3 month extension of the discoevry schedule...ENDORSEMENT: So Ordered:. (Signed by Judge Stephen C. Robinson on 3/4/05) Copies sent by Clerk's Office.(pf, ) (Entered: 03/08/2005)
44 ORDER re: 32 MOTION to Partial Dismissal. MOTION for Partial Summary Judgment. filed by Thomas Mawhinney. Conclusion: For the reasons, the District's Motion for Partial Summary Judgment is Granted. Mawhinney's Motion for Partial Summary Judgment is also Granted. SO ORDERED: (Signed by Judge Stephen C. Robinson on 03/21/05) Clerk's Office Mailed Copies..(dcr, ) (Entered: 03/22/2005)
45 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Heidi A. Wendel dated 6/22/2005 re: request a one−month extension of the deadline for service of requests for admissions in the above−referenced action...SO ORDERED: (Signed by Judge Stephen C. Robinson on 6/24/2005) "The Clerk's Office Has Mailed Copies".(mde, ) (Entered: 07/01/2005)
Received returned mail re: 45 Endorsed Letter,. Mail was addressed to James R. Schultz of Maynard, O'Connor &Smith at 80 State Street, Albany, NY 12207 and was returned for the following reason(s): Forward Time Expired; Return to Sender. (ae, ) (Entered: 07/13/2005)

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07/14/2005 10/31/2005 01/04/2006 01/17/2006 03/23/2006
04/18/2006 04/25/2006 07/27/2009
08/06/2009 08/13/2009
08/19/2009

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 7/14/2005. Motions due by 10/28/2005. Replies due by 12/23/2005. Responses due by 12/2/2005 Pretrial Conference set for 2/17/2006 10:00 AM before Stephen C. Robinson. (ae, ) (Entered: 07/20/2005)
46 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Heidi Wendel dated 10/26/05 re: Request for an extension of time to file summary judgment motion to 12/27/05. Response due 1/31/06. And Reply by 2/21/06. Endorsement: So Ordered.. (Signed by Judge Stephen C. Robinson on 10/31/05) (fk, ) (Entered: 11/02/2005)
47 ENDORSED LETTER addressed to Dear Judge Robinson from Heidi A. Wendel dated 12/21/2005 re: request a further 30−day extension of the deadlines set by the Court on July 14, 2005, for deft's. proposed motions for summary judgment and the private plaintiff's and the Government's response......ENDORSED, SO ORDERED.. (Signed by Judge Stephen C. Robinson on 01/04/2006) "The Clerk's Office Has Mailed Copies".(jma, ) (Entered: 01/06/2006)
Received returned mail re: 47 Endorsed Letter,. Mail was addressed to James R. Schultz of Maynard, O'Connor &Smith at 80 State Street, Albany, NY, 12207 and was returned for the following reason(s): Forwading Order Expired. (gco, ) (Entered: 01/17/2006)
48 CONSENT ORDER (DECREE): This Consent Decree constitues the entire agreement between the Government and the District With respect to the claims asserted in the Government's complaint−in−intervention, and this Consent Decree supersedes all prior understandings, whether oral or written, between the parties. Any amendments or modifications to this Consent Decree must be in writing and signed by the parties......SO ORDERED. (Signed by Judge Stephen C. Robinson on 03/22/2006) "The Clerk's Office Has Mailed Copies".(jma, ) (Entered: 03/24/2006)
49 STIPULATION OF DISMISSAL With Prejudice... Without Costs: Pursuant to Rule 41(a)(1) of the FRCP, Plaintiffs and Defendants, by and through their undersigned counsel of record, hereby stipulate to the Dismissal with prejudice of plaintiffs' claims in the above−captioned civil action, with the parties to bear their own costs. SO ORDERED:(Signed by Judge Stephen C. Robinson on 04/17/05) Clerk's Office Mailed Copies..(dcr, ) (Entered: 04/18/2006)
Received returned mail re: 49 Stipulation and Order of Dismissal,. Mail was addressed to JAMES R. SCHULTZ of MANYARD O'CONNER ADN SMITH at 80 STATE STREET ALBANY NY 12207 and was returned for the following reason(s): RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD. (rj, ) (Entered: 04/25/2006)
50 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Daniel P. Filor dated 7/8/2009 re:...Accordingly, the Government respectfully requests until August 10,2009, to move the Court or to file a joint request with the District to extend the period in which the Consent Decree is in effect. ENDORSEMENT: APPLICATION GRANTED.. SO ORDERED (Signed by Judge Stephen C. Robinson on 7/27/2009) The Clerk's Office Has Mailed Copies.(rj) (Entered: 07/27/2009)
Received returned mail re: 50 Endorsed Letter,. Mail was addressed to James R. Schultz Haynard, O' Connor &Smith at 80 State Street Albany, New York 12207 and was returned for the following reason(s): Return to Sender Attempted − Not Known Unable to Forward. (br) (Entered: 08/06/2009)
51 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Lev L. Dassin dated 87/2009 re: Accordingly, the Government respectfully requests a one month extension, from August 10,2009, until September 10,2009, to move the Court or to file a joint request with the District to extend the period in which the Consent Decree is in effect.. ENDORSEMENT: APPLICATION GRANTED.. SO ORDERED (Signed by Judge Stephen C. Robinson on 8/13/2009) The Clerk's Office Has Mailed Copies.(rj) (Entered: 08/13/2009)
Received returned mail re: 51 Endorsed Letter, Set Deadlines/Hearings,,. Mail was addressed to Mark Craig Rushfield Shaw &Perelson, LLP at 40 Sourth Roberts Road Highland, New York 12528 and was returned for the following reason(s):

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09/02/2009 10/06/2009 10/09/2009 10/19/2009 10/26/2009 12/01/2009
12/07/2009

Return to Sender Not Deliverable as Addressed Unable to Forward. (br) (Entered: 08/19/2009)
Received returned mail re: 51 Endorsed Letter, Set Deadlines/Hearings,,. Mail was addressed to James R. Schultz Maynard, o"connor &smith at 80 State Street Albany, NY 12207 and was returned for the following reason(s): Return to Sender Attempted not known unable to forward. (br) (Entered: 09/02/2009)
52 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Daniel P. Filor dated 9/10/2009 re:...Accordingly, the Government respectfully requests a one month extension, from September 10,2009 until October 10,2009, to move the Court or file a joint request with the District to extend the period of time in which the Consent Decree is in effect... ENDORSEMENT: APPLICATION GRANTED.. SO ORDERED (Signed by Judge Stephen C. Robinson on 10/6/2009) The Clerk's Office Has Mailed Copies.(rj) (Entered: 10/06/2009)
53 ENDORSED LETTER addressed to Judge Stephen C. Robinson from David P. Filor dated 10/8/2009 re:...I respectfully submit this request to extend by an additional one month the Government's deadline to seek, if necessary, an extension of the period in which the Consent Decree entered by the Court in this case is in effect.. ENDORSEMENT: APPLICATION GRANTED.. SO ORDERED (Signed by Judge Stephen C. Robinson on 10/9/2009) (rj) (Entered: 10/13/2009)
Received returned mail re: 53 Endorsed Letter, Set Deadlines/Hearings,,. Mail was addressed to Marck C. Reshfield Shaw &Perelson, CCP at 40 South Roberts Road Highland, New York 12528 and was returned for the following reason(s): Return to Sender Not Deliverable as Addressed Unable to Forward. (br) (Entered: 10/19/2009)
Received returned mail re: 53 Endorsed Letter, Set Deadlines/Hearings,,. Mail was addressed to James R schultz Maynard O'Connor and Smith at 80 State Street Albany,k New York 12207 and was returned for the following reason(s): Return to Sender Not Deliverable as Addressed Unable to Forward. (br) (Entered: 10/26/2009)
54 ENDORSED LETTER addressed to Judge Stephen C. Robinson from David P. Filor dated 11/25/2009 re:...Accordingly, the Government respectfully requests, nunc pro tunc, an additional one month extension, from November 10,2009,until December 10,2009, to move the Court or to file a joint request with the District to extend the period in which the Consent Decree is in effect.. ENDORSEMENT: APPLICATION GRANTED.. SO ORDERED (Signed by Judge Stephen C. Robinson on 12/1/2009) The Clerk's Office Has Mailed Copies.(rj) (Entered: 12/01/2009)
Received returned mail re: 54 Endorsed Letter,,. Mail was addressed to mark c rushfieled at 40 South Roberts Road Highland,New York 12528 and was returned for the following reason(s): return to sender not delivdrable as addressed unable to forward. (br) (Entered: 12/07/2009)

 
 DAVID N. KELLEY United States Attorney for the . Southern District ofNew York . Attorneys for the United States By:· HEIDI A. WENDEL (HW-2854) Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007 Tel.: (212) 637-2769 . Fax: (212) 637-2750

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------..:-------X
AB, an infant, by her aunt and legal guardian, CD; EF; GH, an infant, by her father and natural guardian IJ; KL; and CATHY CONLEY,

Plaintiffs,

- against-

RHINEBECK CENTRAL SCHOOL DISTRICT, . and THOMAS MAWHINNEY,

COMPLAINT IN INTERVENTION

Defendants.
-----------------------------------------------------------------X
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,

03 Civ. 3241 (SCR) (GAY) JURY DEMANDED

- against-

RHINEBECK CENTRAL SCHOOL DISTRICT,

Defendant.
---------------------------------.--------------------------------,x
The United States of America, Plaintiff-Intervenor, alleges for its complaint in

intervention as follows: .

PRELIMINARY STATEMENT

1. The United States files this complaint in intervention to redress

discrimination on the basis of sex in violation of Title IX of the Education Amendments of 1972,

20 U.S.c. §§ 1681-88. Title IX prohibitsrecipients of Federal financial assistance from

discriminating on the basis of sex in educational programs or activities.

JURISDICTION AND VENUE

2. This Court has jurisdiction under 28 US.c. § 1345.

3. Venue is proper pursuant to 28 U.S.C. § 1391(b) because the defendant

Rhinebeck Central School District (the "District") is located within the Southern District of New

Yorkand the claims alleged in this complaint arose in this District.

PARTIES

4. Plaintiffs AB, EF, GH, and KL are current or former students of Rhinebeck

High School (the "High School"). Plaintiffs AB, EF and GH are citizens of New York. Plaintiff

KL was a citizen of New York at the time of the events alleged in this complaint and is currently a

citizen of Florida.

5. Defendant District is organized, and exists pursuant to, the laws of the State

of New York and is responsible for the administration of educational services for all students

enrolled in the District, including students at the High School.

6. The District is a recipient of Federal financial assistarice and therefore is

subject to Title IX of the Education Amendments of 1972,20 U.S.C. §§ 1681-1688.

PROCEDURAL BACKGROUND

7.

On May 9,2003, Plaintiffs AB, EF, GH, and KL, among others, filed a

complaint in this Court against the District and Thomas Mawhinney, then the Principal of the High

2

School, alleging that the District and Mawhinney were inviolation of Title IX of the Bducation Amendments of 1972,20 US.c. §§ 1681-88, as a result of sexual harassment of AB,EF, GH, and KL, among other allegations. On August 29,2003, Plaintiffs amended their complaint to include a claim against the District under the Fourteenth Amendment to the United States Constitution.
FACTUAL BACKGROUND 8. Over the ten year period :Ii'om 1993 through 2003, Mawhinney subjected
Plaintiffs AB, EF, GH, and KL and many otherfemale students at the High School to unwelcome
sexual harassment that constituted discrimination on the basis of sex. . 9. The sexual harassment to which Plaintiffs and many other female students at
the High School were subjected was severe, pervasive and objectively offensive. 10. Mawhinney's behavior with respect to Plaintiffs AB, EF, GH, and KL and
many other female students at the High School created a hostile educational environment. 11. District officials with authOlity to rectify the situation received actual notice
of incidents in which Mawhinney sexually harassed the Plaintiffs AB, EF, GR, and KL and many other female students at the High School.
12. District officials with authority to rectify the situation had actual notice of, and were deliberately indifferent to, the sexual harass.ment to which Plaintiffs and many other female students at the High School were subjected.
13. . The District's deliberate indifference prevented the Plaintiffs and other female students at the High School from enjoying the educational benefits and opportunities provided by the District.
3

CLAIM FOR RELIEF 14. The United States realleges and herein incorporates by reference the allegations set forth in paragraphs 8 through 13 above. 15. The District's deliberate indifference to known sexual harassment to which Plaintiffs AB, EF, GH, and KL and other female students at the High School were subjected . violates Title IX of the Education Amendments of 1972,20 US.c. §§ 1681-88. 16. Unless enjoined by this court, the District will continue to violate Title IX 17. The United States seeks intervention in this lawsuit in order to seek relief to ensure that the District will operate a school system that provides an educational environment that is free of sexual harassment for its students and is in compliance WIth federal law.
PRAYBR FOR RELIEF . WHEREFORE, the United States respectfully requests that this COUli: a, Declare that the District has discriminated on the basis of sex by failing to address, prevent and remedy, sexual harassment, and in so doing failed to provide the benefits of its educational activities and services to Plaintiffs AB, EF, GH and KL and other female students at the High School in violation of Title IX of the Education Amendments of 1972, 20 U. S, C. §§ 1681-88. b. Permanently enjoin the District, its officers, agents, employees, successors, assigns, and all persons in active concert or participation with the District from all unlawful discrimination against school-age children on the basis of sex. c, Order the District to develop, adopt, and timely implement a comprehensi;ve plan that will ensure a discrimination-free educational environment for all its students.
4

d. Order the District to me a report annually with the Court for three years

detailing the implementation of its plim.

e.. Provide such relief as is necessary to compensate Plaintiffs AB, EF, GH

and KL for the discrimination to which they were subjected.

f

Grant such additional relief as the needs ofjustice may require.

Ri?~
By: R.tALEXANDER ACOSTA Assistant Attorney General

DAVIDN. KELLEY·

United States Attorney for the

Southern District ofNew York

AttoiY for the United States

/1 By:

·riI+,/-,,.f, -/./J~~.P/I'JJ

-L//JY.i -J2eAJ)L)

l.
U

/J
:

HEIDI A. WENDEL (HW-2854)

Assistant United States Attorney 86 Chambers Street, 3rd Floor

New York, New York 10007

Tel. No.: (212) 637-2769

By: ·~.J-;~..,M',A~--N14' ~~
EMILY H. IvIcCARTHY Attorneys Educational OpPOliunities Section Civil Rights Division U.S. Department of Justice Washington, DC 2Q530 Tel. No.: (202) 305~3690

5

CERTIFICATE OF SERVICE
I, HEmI A. WENDEL, Assistant United States .Attorney for the Southern District
of New York, hereby certify that on March 18, 2004, I caused a copy of the attached Notice of
Motion and attached Complaint in Intervention to be served by regular first-class mail upon the
following:
Lee F. Bantle, Esq. Bantle & Levy LLP Attorneys for Plaintiffs 817 Broadway New York, New York 10003
Mark C. Rushfield, Esq. Shaw & Perelson, LLP Attorneys for Defendant Rhinebeck Central School District 2-4 Austin Court Poughkeepsie, New York 12603
James R. Schultz, Esq. Maynard, O'Connor & Smith Attorneys for Defendant Thomas Mawhinney 80 State Street Albany, New York 12207

Dated:

New York, New York March 18, 2004

i1ucU:!t~
HEIDI A. WENDEL (HW-2854) Assistant United States Attorney