10 a 12 a4 a5 16 uv 18 19 20 aa 22 23 24 25 : A ei unoNep Or a " COPY wm MBA MINOR BY JOHN BEAIRD * BEFORE THE BOARD OF TRUSTEES GUARDIAN AND NEXT FRIEND * OF SCHOOLS, IRVING VONESSA BEAIRD * INDEPENDENT SCHOOL DISTRICT LEVEL THREE APPEAL HEARING BE IT REMEMBERED THAT on the 20th day of July, 2010, the above-styled cause came on for hearing before the Board of Trustees at Irving ISD, 2621 West Airport Freeway, Irving, Texas 75062, County of Dallas, State of Texas, and the following proceedings were had, to wit STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-6399 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515016 v7 18 19 20 21 22 23 24 ar of Trstos- ving Indopondent School Ost Love Tre Apps! Hearing "12072010 APPEARANCES BOARD OF TRUSTEES: MS. HEATHER ASHLEY MR. JERRY CHRISTIAN MS. GWEN CRAIG MS. RONDA HUFFSTETLER MR. A. D. JENKINS MS. NANCY L. JONES MS. VALERIE JONES ATTORNEY: MR. JAMES W. DEATHERAGE JIM DEATHERAGE & ASSOCIATES, P.C. Wells Fargo Tower 800 West Airport Freeway Suite 518, LB 6060 Irving, Texas 75062 (972) 870-5452 jwdassoc@flash.net GENERAL COUNSEL FOR IRVING SCHOOL DISTRICT MR. JOHN BEATRD LAW OFFICE OF JOHN ALLEN CURTIS 3701 West Northwest Highway Suite 169-B Dallas, Texas 75220 (214) 395-9017 Imslaw@gmail.com APPEARING FOR GRIEVANT, -OAAMD © Qi ALSO PRESENT: Ms. MS. VONESSA BEAIRD DR. DANA BEDDEN, Ed.D. MR. RALPH DIAZ DR. NEIL DUGGER, Ed.D. ‘STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5399 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE {DALLAS COUNTY) TEXAS 751503 of Trustees - ving Independent ScholDsbet evel Tv Angel Hearing "72072010, 2 | oe: op op co sui 10 12 13 a4 as 16 oy 18 19 20 a 22 23 24 25 INDEX SCRIPTION ening statement BY MR. BEAIRD 8 ment BY MR. DIAZ 20 ening s} urt reporter's certificate 53 * EXHIBIT IND PERINTENDENT'S EXHIBIT: PAGE Binder labeled Seaird Appeal 7 STEVEN H. GENTRY & ASSOCIATES, NC. (214) 321-5909 2978 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 751504 Board of Trusses ning Indopenset School Distt Level Tne Appeal Hearing 7202010 PROCEEDINGS (Exhibit 1 marked.) TRUSTEE V. JONES: Good evening. I'11 call the meeting of the Irving Independent School District Trustees, It is Tuesday July 20th at 6:30 p.m. A Quorum is present, and the meeting has been duly called. The notice of the meeting has been posted in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 552. We're glad you're all here tonight. you very much. I've asked our past president of this Board, immediate past president, Jerry Christian to lead us in our opening invocation this evening. Mr. Christian? TRUSTEE CHRISTIAN: Thank you, Ms. Jones. Let's pray. Lord, especially I'd like to thank you for the progress this school district has made and the academic and social areas over the past few months and even years, And I ask that you encourage us and lead us to even stronger academic performance, a better meeting of the students’ needs in all areas. Father, we come to tonight with a very serious matter. T ask that you give us wisdom and discernment, open minds to hear, and then the wisdom to make the decisions that are in the best interest of the school district and the students and staff, ‘STEVEN H. GENTRY & ASSOCIATES, INC. (214) 221-5999 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 751505 ‘oars ot Trustees - ving Independent Scheel Distt ove Tre Aopoal Hoang ‘2072010 And then Father, we have those who are laboring even this summer that are students and helping them to either accelerate their learning or get caught up on some deficiencies or just broaden their overall education experience, and I want to ask that you bless them for those efforts, the students and teachers and staff involved. I know it's not a very restful summer when you engage in that kind of activity, but it certainly is productive and I thank you for their efforts. Again, guide us and lead us throughout this meeting and as we go. Amen. TRUSTEE V. JONES: I've asked our newest Board member, Ms. Gwen Craig, to lead us tonight in the 1 American and the Texas flags. pledge to TRUSTEE CRAL Would you join and stand with me please, and join me in the pledge to the Anerican flag. (Pledge of Allegiance recited by all.) (Pledge of Allegiance to the Texas flag. recited by all.) TRUSTEE V. JONES: We have two action itens on our posted agenda this evening. A, which well get to in just a moment. And I just want to say, B, that item has been pulled by request of the party that filed that appeal, so that one will not be considered this evening. STEVEN H. GENTRY & ASSOCIATES, INC. (214) 221-5333 12079 GUS THOMASSON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 751506 ‘Board of Tastes ving Independent School Dist Love Thre Appeal Hearing “eatao8 1 This Board has convened in open session 2| tonight to hear and consider the appeal of I 7 3] and John Beaird appealing the decision of Ralph Diaz 4| sitting for the interim superintendent of schools Dr. Neil Dugger. The complainant was denied requesting 6| relief of her complaint by the MacArthur High School 7| principal, the director of campus operations, and Diaz. 9 Who will be presenting tonight on behalf of 10] the complainant? u MR. BEAIRD: 1 will, Ms. Jones. 2 TRUSTEE V. JONES: You may approach the 13] table. 1 MR. BEAIRD: My daughter has just a couple 15] of things to say. 16 TRUSTEE V. JONES: Give us your name, 17 | please 18 MR. BEAIRD: John Beaird. 19 V. JONES: Okay. Thank you, 20| Mr. Beair aa And who will be presenting for the 22 | Administration? 23 MR. DIAZ: I will, Ralph Diaz. 24 TRUSTEE V. JONES: Ralph Diaz. The Board 25|has received copies of the original complaint and STEVENH. GENTRY & ASSOCIATES, INC. (214) 321-5232 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 751507 Boar! of Trustees ning Indapanset Schoo! istic Love Thos Appeal Hearing "7120/2010 supporting documents at the Level 1, 2, and 3 notices of appeal, and the Administration's responses to the Level 1, 2) and 3, together with other documents or correspondence submitted in the course of these appeals. Copies of these documents are made a part of the record of this Board Appeal as Board Exhibit Number 1. and I think we've given that to our court reporter already. ‘This hearing will be conducted in the following manner: Mr. Beaird, you will have 30 minutes total to make your presentation. There will also be a time that you can make comments after the Administration does. The Administration will have 30 minutes. You have total 30 minutes total, so would you like to use the 30 minutes in one lump sum or use some and save more conments? MR. BEAIRD: we'll save some for comments. We don't have that much, but I'll reserve some comments for cross. TRUSTEE V. JONES: Okay. Do you know how Jong you're going to speak or whatever is left? MR. BEATRD: Probably about 15 minutes. TRUSTEE V. JONES: Okay. Our Board secretary, Heather Ashley, is sitting at the far end here. She will be our time keeper this evening. If you do approach the 30 minutes, either Administration or STEVEN H. GENTRY & ASSOCIATES. INC. (214) 321-5333 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515019 20 at 22 23 24 25 8 ‘oar of Trsiows ng ndapendet Seno Dnt Level Tre Appeal Hearing “r202018 Mr. Beaizd, she will give you a one minute TRUSTEE ASHLEY: (Indicating.) TRUSTEE V. JONES: And that will be the only warning you'll get, one minute. NR. BEAIRD: Can I ask that she give mea warning at 20 minutes and then we'll go ahead and.. TRUSTEE V. JONES: She's giving you one ninute MR. BEAIRD: Oh, okay. ALL right. TRUSTEE V. JONES: And she's going to give everybody 2 one minute and that's -- that'll be for the full 30. MR. BEAIRD: Okay ‘TRUSTEE V. JONES: Is that okay? TRUSTEE N. JONES: Did you want to stop at 15 minutes? MR. BEARD: Yeah, I'd like to just stop at maybe 15 or 20. TRUSTEE V. JONE: Would you like at it 19 or 142 MR. BEAIRD: 19 would be great. Thank you. That way I'LL see her ‘TRUSTEE V, JONES At 19 minutes, she's give you the green flag. MR. BEAIRD: That way if I stop beforehand, STEVEN H. GENTRY & ASSOCIATES, INC. (214) 221-5339 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 751503 Board of Trustees - ning Independent Schoo! Diet Love Tee Appeat Hearing 12072010 I'LL save her waving it TRUSTEE V. JONES: Okay. That's fine. And following both presentations and your opportunity te speak again, the Board members may ask questions of the representatives but no new or additional evidence will be presented. This hearing will be conducted in accordance with Board Policy FMG (Local). Okay. The time is now 6:36. Mr. Beaird, please introduce yourself. You may begin. TRUSTEE ASHLEY: I just wanted to clarity ene thing. Did you want -- I'm sorry, this is so specific MR, BEAIRD: ‘That's okay. TRUSTEE ASHLEY: But at 19 minutes used or 19 minutes remaining? MR. SEAIRD: At 19 minutes remain used. ‘TRUSTEE ASHLEY: Okay. Thank you very much. TRUSTEE V. JONES: She's very exact. We'll make sure we get that done. Thank you. Okay. So the time is now still 6:36. Mr. Beaird, you have -- she'll let you know at 19 minutes. ‘Thank you very much. MR. BEATRD: Okay. I'm on the clock now? TRUSTEE V. JONES: Yes, sir. MR. BEAIRD: Okay. ‘Thank you, Ms. Jones. STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5339 £2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150,10 ‘Boars of Tustoos- ing Indapencent School Ost oa Tre Appeal Hearing 7202010 I'd like to thank you each one of you for taking the time out of your evening -- and wonderful invocation, T might add. This is a matter in which God has blessed our juntry 200, 225 years ago with a lot of rights that unfortunately today we don't really look at as being changed, modified, or even encroached upon; and it is a serious matter in the context of our country and the future of our country. And it's not me sitting here representing one individual, t's me sitting here that God has blessed with the knowledge to bless others to bring things to the attention to make sone positive changes. So think of me as a housewife of a single mom, sonebody that can't stand up for thenselves. That's why I bring this compiaint. And I'd like to ask my daughter, Sm since she's one of the grieved parties, to make a short statement, wnich she has. MMMM, woud you cone up. TRUSTEE V. JONES: I'm not certain that we're able MR. BEAIRD: We're not entering in any new TRUSTEE V. JONES: Let me consult with Legal counsel. Just hold the time for a moment. (Sotto voce discussion between Trustee V. STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5839 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 n 2 1B “ 18 16 u 18 19 20 2 2 23 24 25 aa Board of Tstees- ning Indopendent School Osnet Level Tvee Appoat Hearing "r2072010 Jones and Mr. Deatherage.) TRUSTEE V. JONES: Okay. Me'21 allow it. MR. BEAIRD: Okay. Thank you. NIM, you want to go ahead? There you a0. MS. M. BEAIRD: Thank you. For centuries, many brave Anericans have fought to preserve their right to life, Liberty, and the pursuit of happiness, the three freedoms that we hold so dear to us here in the United States. our Founding Fathers founding risked their Lives in order to establish a more perfect union. To engender those freedoms which should not be altered or taken away. Willions of people have sacrificed the unthinkable, suffering devastating pangs of war, pushing Limits far past boundaries to ensure that the Constitution of the United States is forever upheld throughout America's history. So the ultimate question today is what changed? Why is the Constitution been reduced to noth: except merely a meaningless draft? hy is it that everyday Americans just like you and I are not only having our natural-born but American-born rights, the ones our Founding Fathers fought so hard to ratify and our country's veterans so hard to protect, crudely 1 U.S. Constitution still hold any violated? Does STEVEN. GENTRY & ASSOCIATES, INC. (214) 321-5333. 2879 GUS THOMASON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 7516020 an 12 3 Mu 15 16 uv a8 19 20 a 22 23 24 25 12 Board of Trustees Ing independent School istic Love Three Appeal Hoang "rar20%0 value today? ss the Like every man or woman who e military, an oath of enlistment in required at initiation. ‘This is the only oath to be recited upon recruitment. Even our very own superintendent, Dr. Bedden, once took it. The oath is, and has always been as follows: I, soldier, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same and that I will obey the orders of the President of the United States and the orders of the officers appointed over me according to the regulations of the Uniform Code of Military Justice, so help me God. For both foreign and domestic enemies, a ution. So in soldier's main duty is to defend the Cons: order to find out the answers to my question, I took it upon myself to conduct a search of my own. I personally associated myself with multiple veterans of war from within the area. I figured who not better to ask the ones who have lost so much for the sole purpose of defending the rights that set our country apart from all others. Upon my visits with different veterans, = became intrigued by a Vietnam Vet by the name of Larry STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-6333 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 7516023 13 ‘Board of Tastes invng ndepondent Schoo Distt Leet Te Appl Hesing “7r2072010 Cox. A young corporal in the United States Marines, Mr. Cox supplied armed escort for supply convoys as they made their way along the Demilitarized Zone, the dividing Line between North and South Vietnam and frankly the most dangerous place in the world to be at that time. Corporal Cox was only 20 years old. Putting his life out on the line of duty, sacrificing young love, a chance at marriage, children, happiness, I couldn't think of anyone more qualified than Mr. Cox to express the value of the Constitution. Hence, x learning Mr. Cox's experiences, I asked what do you think is the value of the Constitution. Mr. Cox replied, Other countries believe Americans think they have all these rights and privileges without cost. ‘hat they don't realize is that these privileges do not come without a constant fight and they can end overnight if we stop fighting to protect the Constitution, which is greatness in itself. I then went on to ask another serious question. Was it worth it, risking your life? Mr. Cox replied, It was a noble cause to keep freedom in South Vietnam. Nothing in this world is free; freedom is not free. Although the losses were grave, I don't think our sacrifices were in vain. Mr. Cox inspired me to stand up for my STEVEN H. GENTRY & ASSOCIATES, ING. (214) 921-5393 2379. GUS THOMASON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 7515010 u 2 13 a4 45 16 7 18 19 20 21 22 23 24 25 14 ‘Board of Tstoes- ving Independent School Dit Lovet Tre Appeal Hearing "12072010 rights as a citizen of the United states. He made me proud to call myself an American and ashamed of the way the Constitution has been crumbled up and disregarded by the very resources that teach these valued principles to our nation's youth. The Constitution is what makes the is the frame work and the foundation United states. our country. It is literally priceless. What price can you possibly place on the souls of all the noble men and women who died to protect it and all the devastated families. That is why I've decided to take an oath of ny ov. T, MEIN SHINN Go solemnly swear 1 ers’ legacy and never give up my at I wi continue my Founding F: fight to protect the Constitution. Thank you NR. BEAIRO: Thank you, MI MMMM cook chat project on her own, T might add. Went down to the VA hospital, got kicked out a couple times, and finally persisted and interviewed a number of Vets, some of then that most kids never get to see the scars of battle. They went to DEW and interviewed a number of other Vets. She wanted to know what is the value of our Constitution today, has it been trivialized, are we so wrapped up in video games, are we 0 wrapped up in the daily hustle and buetle that we forgot the sacrifices of the men and women that made it STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5933 2370 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150u a2 3 a 15 16 wv 18 19 20 aa 22 23 24 25 45 leingIndapendent Schoo! isnt Love Tre Appeal Hoang “202010 Board a Trustee for us sitting in this room today. Some of us made those sacrifices; I know Dr. Bedden has. So what we're dealing with, as you well know, is a very important issue. And I sincerely do pray that God gives us wisdom. Because if this case, if we do not settle it, that will be a closing argument in front of a jury in Federal Court. And I pray that our country turns the direction that it is at this point. But a lot of Americans are becoming fed up with their rights being encroached, whether they're pulled over and illegally searched or whether they're pulled over for this or whether they have this done at school. We do have a Constitution in our country that makes us different than every other country. What would be convenient for another country to do is a matter of law and how we do it today. And sometimes it’s cumbersome, but it is what it is. And even the terrorists enjoy a degree of protection. To search a terrorist, you can't just come up and grab their cell phone, you can't go up and search their e-mail. They've already had the Supreme court decide even our terrorists who have nuclear bonbs, which are a little more threatening than guns or hand grenades, they also enjoy the protection of the Constitution So I've entered into this complaint a memorandum which lays out in clear form the facts of the ‘STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333 2879 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 n 2 3 1 15 16 u 18 19 20 21 22 23 24 28 16 Board of Trustees ving Independent Schoo! Dict Love Thre Appaa! Hearing 12072010 case. It will be the basis of the pleading and in the Northern District of Texas, if we get to that point. There is a parallel lawsuit being litigated in Harrisburg Pennsylvania by Valerie Burch with the ACLU who offered to come in as co-counsel and represent this case. Because this is a matter of national importance. Where does the context of cell phones -- at what line do we draw where we have to have warrants? Because as 7.1.0, versus New Jersey clearly set forth, even school officials have a 4th Amendment obligation. So under that obligation, where do we draw the line? Do We draw it, okay, we can search backpacks that are clear, but we can't search diaries, or can we search diaries? Do we need a warrant to search diaries? Do we need a warrant to search private text phones, e-mails? This case in Pennsylvania involved the searching of a phone that happened to find nude pictures of the girl who took it of herself. And then of course the DA's office had now seen all these pictures of the girl's own pictures she took of herself on her own cell phone. So at what point do we draw the line of where we say, whoa, wait a minute, we can't take that student's diary, we can't take that student's digital camera, we can't take that student's cell phone because we have something in our country called a 4th Amendment right STEVEN H. GENTRY & ASSOCIATES, INC. (214) 221-5330 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150v7 Beart of Trustees ving Indopendent Soo Dist Level Tre Appeal Hein “re020%0 against unreasonable searches and seizures and something called the Sth Anendnent, which is the State cannot take property without due process and without just compensation. Those rights were violated. Not only VOM sights, bot vrs. Beaira's rights were violated Mrs. Beaird has an expectation of privacy, according to the Sth Anendnent, that any text that she sends and anybody else that sends texts to MMMM onone enjoys an expectation of privacy. Of the e-mail going to MIINNNBnd someone nat intercepting or obtaining that e-mail illegally, actually violates a federal criminal law. It's called the Electronic Privacy Act. And by searching electronic communication, which is e-mail, text messages, the party has actually violated a federal criminal law and becomes criminally liable, not to mention a number of other statutes. So what we're dealing with here is multi-faceted. We're dealing with an issue that originally was a bullying issue that translated to really a failure of administrative staff to be properly trained in what the law commands and to be properly supervised in we made doing those jobs under the law. And in essenc: a very poor example to our students. You know, we all know that our kids don't learn by what we tell them, but STEVEN H, GENTRY & ASSOCIATES, INC. (214) 321-5399, 2879 GUS THOMASON ROAD, SUITE 100, MESQUITE [DALLAS COUNTY) TEXAS 7515018 Boat of Trstces ning Independent Schoo Distt Love Tree Appa Hearing 72012010 what we do. If we say something on one hand and do something else, then we should not even waste the breath in teaching that subject. If the Constitution doesn’t, as Justice Antonin Scalia commonly said, what we need to do is tear it up and send it to another country that can probably use it more than we do. 1 don't believe we've gotten to that point, but we do need to take corrective action. And I've laid out in the brief, which I'm not going to read -- go over any of the facts. They're clearly before you in evidence. Hopefully you've had a chance to review them. I have prayer for damages. And I was asked at one point by Dr. Dugger -- which I give credit to the Irving School District as I was proud to meet a dedicated person like that. It was hard to s Constitutional right. How do we set a value? That's @ question we would ask a jury. How do you set a value on a Constitutional right? That McDonald's case that was litigated a while back -- I said, Wow, you know, a cup of coffee poured on that lady and she got $4 million. T could care less about the money. What do we think a Constitutional right is worth? Is it worth more than a cup of coffee today or it's disintegrated, maybe it's not even worth a cup of coffee? So admittedly, these amounts were hard to ‘STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333 2879 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 u 2 a3 aa 16 uv 18 19 20 2 22 23 24 25 19 ‘Boars of Tastes ving Independant Schoo Dit ove Tree Appa Hearing “20/2010 determine. But that's a jury question. But in this case, we're going to ask the jury to send a message. Ask a jury to send the message that in this country, we'ze tired of Constitutional rights being violated. And they want to make a statement, and the only way to make a statement Like th: is through monetary damages. Sinilar to the -- to the case of -- I can't remember the plaintiff, but they sued, T think you remember a while back, Farmers Insurance. The to make a mold claim for legitimate damages on was actually the first mold claim in Texas -~ and Farmers would not settle with her. And the jury was fed up with the insurance companies making it difficult for honest people to try to obtain settlements fron them and they gave her $30 million. What we'ze going to ask from the jury, with we want the message sent. So I'm regard to money hopeful that we can resolve this in a way to benefit the is. Because if you go district and a way to settle t through every item on my list, we've received nothing on not even Number 10, which seems to that list, not even be very minuscule. I'll read that: A public oral apology by each defendant. Not even that. Not even the most simplest thing on the list STEVEN H. GENTRY & ASSOGIATES, INC. (214) 321-5339, 2879 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 n 2 3 14 1s 16 u 18 19 20 2a 22 23 24 25 20 ‘Board of Tstons ving Independent Senos itt Love Thr Appeal Hearing “7r2072010 I'm a good litigator. 1 will win this case because I'm not sitting here on behalf of MIMI not on behalf of me; I'm sitting here on behalf of every single mom that sends @ child to school a nd is tired of the way that is common in the United States. The Constitution was meant to limit the Government, not to limit the citizen. And with God's help, we will continue our country in the way our founders have set it up. I have nade personal sacrifices and taken oaths. If the Constitution means what it says, then let's really let our actions speak for our words. As we say in the Christian world, let your walk be your talk. Thank you TRUSTEE V. JONES: Thank you, Mr. Beaird. The Administration will now have their opportunity to speak to us. Introduce yourself when you sta t speaking, please; and you'll have 30 minutes. Mr. Diaz, you're on the other end of the green page looking at it. MR. DIAZ: I'll try to make it brief. My name is Ralph Diaz. I'm special assistant to the superintendent of the schools. Here in the notebook are the documents related to Mr. John Beaird's Level 4 appeal regarding the search and seizure of his daughter's cellular phone by MacArthur High School on April 2nd, 2010. It is Mr. Beaird's contention that the campus [STEVEN H. GENTRY & ASSOCIATES, ING. (214) 321-5393, 2378 GUS THOMASSON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 7515010 a 12 13 uM 45 16 u 18 as 20 aa 22 23 24 25 21 ‘Bead of Tuses- ving Independent Schl Distt Love Thos Appeal Hearing 2072010 staffs’ actions violated his daughter's rights and delivered indifference, which implies a conscious indifference of the consequences of one's actions or omissions. The students initiated conversations on that day and revealed past concerns that existed between then creating a web of accusations which were complex. Yet for the safety and well being of all concerned, it required further interviewing and search of all cell phones in possession of these students. The infusion of technology presents challenges for all districts when cell phones are permitted in all schools. However, in my professional opinion, this does not reveal any indifference to Mr. Beaird’s daughter or the other three students involved that morning. The Administration did have reasonable suspicion to search all the students’ cell phones to uncover a school violation and/or a criminal violation. Mr. Beaird disagrees and has put the campus administrators on notice in order to file a lawsuit, however the exhaustion of administrative revenues in session and in standing to file federal court litigation. To summarize, Vice Principal Dionn Dahl and Rebeca Henriquez were appropriate in their actions of what the two student couples substantiated on the morning ‘STEVEN H. GENTRY & ASSOCIATES. INC. (214) 321-5383 2879 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150,10 n 12 43 14 18 16 u 18 19 20 a 22 23 24 25 22 Beard of Trusts - ing Independent Scho! Det, Level Tre Appeal Hearing "re02010 of April 2nd, 2010. The couples revealed there was some type of connection between the pairs. In addition, comments from the students created concerns that, A, a gun may have been brought to schools and B, suspicions that one of the student couples had information of a car keying incident; and C, harassment of two of the individual students due to a severed relationship, Based on the professional experience and inferences gleaned in the interviews, Ms. Dah and Ms. Henrique: had reasonable cause to search cell phones as well as the car reported by the threatened student to be harboring a gun. As the two vice principals were in pursuit, Ms. Dahl and Ms. Henriquez, SRO Howman went to the suite recognizing the threatened student was involved in a gun investigation just a week prior. Ms. Dahl and Ms. Henriquez proceeded to investigate the complaints. It was a mere coincidence that the students happened to report their concerns at the same time, not expecting that they would find themselves in the sane office suite. Each student was interviewed separately; and in each interview, permission to search cell phones was requested, which they voluntarily granted The text messages did not reveal any reference of a gun by the student; however, it was ‘STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5393, 2878 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515023 ‘Board of Tusoes ning independant Schoo! Det, Level Troe Appeal Heng “re072010 confirmed there was a social connection between the student couples as well as knowledge of the car keying In ad inciden’ on, there were references to illegal drugs, which SRO Officer Hownan handled. Ms. Dahl asked for Mr. Beaird's daughter's cell phone to search for text messages. SRO Hownan seized the cell phone as evidence to the keying of the cars. Prior to doing such, Ms. Dahl asked Mr. Beaird's daughter for permission, which she granted, and asked for assistance in accessing the text messaging files, which she provided. Based on her conversation with her colleague Ms. Henriquez and involved students, Ms. Dahl believed she had a reasonable suspicion that his daughter's cell phone would uncover evidence of a school violation and/or criminal violation. The result of the search gave SRO officer Hownan reason to pursue the confiscation of the cell phone. The process of the SRO officer determining the need to seize the cell phone is viewed as a police matter, which will not be part of my prepared conments Search of the other students followed, revealing no text messages were found related to the school violation or -- excuse me -- the search of other students followed revealed no text messages were found relating to a school violation and/or criminal violation ‘STEVEN H. GENTRY & ASSOCIATES, INC._ (214) 321-5339 £2879 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY] TEXAS 7515010 u 2 a u 1s 16 W 18 19 20 2 22 23 24 25 24 oant of Testes - ning Independent Schoo! Dstt Level Te Appeal ering "202070 Mr. Beaird has taken exception by the administrators and police officer conducting the sea of his daughter's cell phone and seizure by the police. Level 2 ruling was unable to provide satisfactory relief for damages sought by Mr. Beaird, found within his memorandum dated April 27, 2010. The Level 2 decision included review of policy ENF (Local), which involves student rights and responsibilities, interrogations, and search, to make recommended changes, and subscribe erators as subsequent action for campus adnii appropriate conduct of the administrators involved in the incident, direct the campus principal to view the status of a transfer student at MacArthur, and to make a request for the police department to return the cell phone belonging to Mrs. Beaird. The Level 3 was as follows: Level 2 issuing on May 12, 2010. Hence, policy FNF (Local) is scheduled and investigation into for review by appropriate sta: the actions of the Administration involved was conducted. However, an issue to job performance as a matter by law and confidentiality was not discussed. Review of the lent is a confidential matter and also named transfer stu will not be discussed. A request to return the cell phone was made to the Irving Police Department and has been denied, clearly making the return a police matter. STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5338 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 75150,13 1 18 16 uw 18 19 20 2 2 23 24 28 25 ‘Board of Trustos- ving lndapendert Scho! Distt Love Tr Appa Hearing "2072010 Other than the loss of a cell phone, there has been no additional costs associated to Mr. Beaird's daughter as a result of the April 2nd conference. Regarding Mr. Beaird's memorandum seeking a resolution and danage. His requests exceed the authority of this office and in some cases is viewed as excessive. This was as a result of relationships gone bad and making poor choices and decisions of four young people allowing personal feelings to intervene with campus climate and causing disruption to the school's learning environment. The circumstances presented the morning of April 2nd brought cause that not only the safety of students was at issue but the campus. In wanting to maintain a safe and secure environment, the campus staff took action that the threats were real and to arrest each one, Police charges led as a related to the criminal mischief have been £: result of this event, ongoing harassment between student couples has ceased. on April 2nd, 2010, MacArthur High School Administration learned of his daughter's troubles and campus Administration did address the problem. while Level 2 is not satisfactory for Mr. Beaird, they were deemed responsive to his concerns and brings opportunity ons of the of Administrat on to improve daily oper: counsel which at times can be complex. Thank you. STEVEN H. GENTRY & ASSOCIATES, INC._ (214) 921-5939 2879 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 u 12 3 1 1s 16 u 18 20 at 22 23 24 25 26 ‘Boars of Tee -Inng Independent School iit Level Troe Apes! Hearing “2072010 TRUSTEE V. JONES: Thank you very much ‘Thank you very much, Mr. Diaz. Me. Beaird -- How much time does he have rem: TRUSTEE ASHLEY: He has 14.56. MR. BEAIRD: Oh, quite a lot. TRUSTEE V. JONES: Almost 15 minutes. MR. BEAIRD: I won't need that much. TRUSTEE ASHLEY: I'm sorry. I just need to n't know how to work this get to the right spot. 1 very well. TRUSTEE V. JONES: We can probably round up to 15 minutes. ‘TRUSTEE ASHLEY Okay. TRUSTEE V. JONES: Go ahead. MR. BEAIRD: I object to what Mr. Diaz said about the relationship gone bad. That's a conclusory statement not supported by any facts in evidence. I ask that that be stricken from his statement. I'm not sure what your procedures are, but in Court -~ that's a statement he made on relationship issues. ‘There's nothing in evidence that can substantiate that. Going back to the conment that Mr. Diaz made about reasonable suspicion. And here is where we get into the word "reasonable." The Courts Like to dissect STEVEN H. GENTRY & ASSOCIATES, INC. (214) 221-5339 2379.GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150a 2 13 a4 as 16 u a8 as 20 a 22 23 24 25 2 ving Independent Scho! Dist Love Te Apel bearing “2072010 and define all kinds of words, and the Framers put the word "reasonable" in the Constitution for many reasons In a recent case, I guess, Safford versus Redding, a Supreme Court of the United States case where we had an instance of a young lady in school and the school was tipped off that she may have some ibuprofen tablets on @ case. They her person. I don't know if you remember t ended up strip searching her down to her underwear and didn't find any ibuprofen. They took the case, went to the Supreme Court, and the object of the search -- I emphasize the word "object." The object of that search was illegal items. And those ‘1legal items were contraband, meaning prescription ibuprofen. The Court found it was intrusive of the search that governs what is reasonable. So just because you have reasonable cause, reasonable suspicion does not give a governmental entity a right to @ search without a neutral magistrate. It's 50 easy to get a warrant these days. Call up a judge and get @ warrant; it's very easy. That wasn't done in this case. Now, in that Safford versus Redding case, the Court found that the search was not reasonable. Even though they were searching for items that were contraband, it was not @ reasonable search because the STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-6339 2979 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515022 23 24 2s 28 Board of Trustees ving Indopendent Schoo ist Love Three Appea! Hearing "72072010 young lady enjoys an expectation of privacy of what's in her panties. I think as we all do. I think that that same line of reasoning Amendment our very persona) 1: translates over i rights of writing our own personal e-mail, writing our own personal note, love note, whatever it may be; we have an expectation of privacy of what we write. That is the Ist Amendment right. The Supreme Court has said over and over, when it comes to schools and when it cones to anything examining what is reasonable under the éth Amendment -- remember the 4th Amendment prohibits unreasonable searchs and seizures. We had both in this case. An unreasonable seizure and unreasonable search; they're two separate occurrences. The search was -- was unreasonable and the seizure was unreasonable. Now, in limited cases, the seizure could be reasonable if there were exigent circumstances, and it could be justified. However, the search without a warrant was not reasonable. So now we go back to the case of Redding ‘The object of the search there was contraband. Here the object of the search was 1st Amendment material, was writings. Everybody enjoys an expectation of writing, even our founders. That was the one thing they were concerned of is the king would find STEVEN H, GENTRY & ASSOCIATES, INC. (214) 321.5939 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 751501 a2 3 ua a5 16 W 18 19 20 aa 22 23 24 25 ning Independent Schoo! Der out what they were writing to each other. So they said, No, we want to make sure when we put this in the const: tion that people have an expectation of privacy in what they write. And here we have today media in letters, in the mail, in e-mails; we have criminal laws that prohibit interception of mail, of e-mail, including text messages. That's how much our framers decided that we need to protect our ist Amendment right. Now, what is the ultimate basis of that? Because we don't want to have in this country @ chilling effect. A chilling effect is -- means that I'm afraid to really speak my peace because I'm afraid the Government might find out what I'm saying and it'll cause me in our country or we will problems. We never want th have reduced our state to Russia, reduced or state to China. You think the Chinese can freely write e-mail communication? Absolutely not. Is our country getting that way today? We need to guard against it. And on each of your shoulders is: I have to protect the school in something, but then I know in my heart what Mr. Beaird is saying has merit and I do believe our Constitution had a lot of bloodshed for it and I do believe our 1st Amendment rights do need to be protected. So what separates us between a country like china, a country like Russia? ie have people willing to STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150a 2 3 14 15 16 7 1a 19 20 a. 22 23 24 25 30 Boars of Trustees Ivng Independent Schoo Det evel Tree Appeal Hearing r2072010 stand up in Tenement Square and say no more. There are boundaries. Those boundaries are clearly laid out, been laid out for 200 some odd years. And it's time we take a position to enforce those, change the rules, do what is necessary to take corrective action. Otherwise, we will become the next China. People will not -- will not write freely, and it will start in the schools; and it will progress right on up the chain. Pretty soon you're going to be afraid to text message anybody on the phone, afraid to e-mail people and really speak your peace and really tell how you feel about the Government and really tell how you feel about this person running for office because what happens if that person gets in office and they decide to go and pull your e-mails without warrants? So we don't want to create a chilling effect in our country. So in that manner, the search was entirely not reasonable in this case. So we go back to that word "reasonable." That's what this case is going to turn on, what was reasonable and what is not reasonable. there will the jury today decide what is reasonable and what is not reasonable. Can they come in your house and open reading; is that reasonable? can your diary and they stop you on the street, ask you to hand over your camera, and start looking through pictures without a STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5353 2879 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515031 Boart of Tastee ving Inspendont Schoo! iste Level Tee Appeal Hearing “02010 warrant; is that reasonable? Where do we draw the line because we've got to draw that line because we can't leave it gray. lastly, I object to the statement that Mr. Diaz entered that Mrs. Beaird's daughter, my daughter, did grant permission. she did not grant permission to search her phone. She was coerced into giving her phone over, and I have statements from everyone that handed their phone over. They did it under the threat they would be punished if they didn't. Those 11 be entered in Court and they will testify to that. So that statement is inaccurate. That's all I have, ladies and gentlemen. And I hope that we can change the course of where Irving is. We have a lot of really good students and a lot of really good staff in the Irving district, but we always have to guard against apathy. We have to guard against what America really is heading towards. and that is, we're more concerned about what movie we're going to watch tonight, what video game we're going to buy. And we kind of remember the Vets on one day a year and we say, Yeah, thanks for going out there fighting that war So on Memorial Day, we wave the flags, make a big parade, and we remember these guys for one day out of 365, Like years [sic]. That they went to Vietnam ~; STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 un 2 1a 1 3 16 7 18 19 20 aa 22 23 24 25 32 Board of Trsloes-InngIndapendet Schoo! Ose ove Tr Appeat Hearing “7202050, talked about Mr. Cox. He decided at 20 years old, he was going to forego girls and do what he thought was right to protect his country and go over there and defend it because at the time, that's what the President said we needed to do. And he followed his orders, he followed his oath to preserve and protect and defend the d States. Constitution of the Unit So now I'm going to lay on your footsteps, to give this great thought and great prayer of where we go from here. Thank you very much. TRUSTEE V. JONES: Thank you very much, Mr. Beaird. Board members, do you have any questions for anyone at these tables? Bo you have a question, Ms. Jones? TRUSTEE N. JONES: I need a clarification TRUSTEE V. JONES: This is the time if you TRUSTEE N. JONES: Can I go through my list? ‘TRUSTEE V. JONES: Yes. TRUSTEE N. JONES: 1 need to ask the attorney a question. TRUSTEE V. JONES: Yes. 0 voce discussion between Ms. Nancy s Jones and Mr. Deatherage.) STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-6399 12879 GUS THOMASSON ROAD, SUITE 109, MESQUITE [OALLAS COUNTY) TEXAS 75150,a 2 3 uM 15 16 18 19 20 aa 22 23 24 25 33 Boart of Tries - ning independent SehaclDitiet Love Tse Aopaal Hearing “re072010 ‘TRUSTEE N. JONES: Okay. Thank you. First i want to say thank you for everybody being here, and we do take these matters very seriously. To Mr. Beaird, I'm going to ask sone clarifications of what I think I heard because I want to be sure that I heard correctly; and Mr. Diaz, I'll do the same. Okay? And first, before I start asking, I want to say I certainly respect the right of any parent. Being a single mother myself, I understand the importance of doing what you feel is right for your child. So when you stazted initially, you said that you were blessed with the knowledge to represent these matters. What knowledge, what things were you referring to specifically? MR. BEAIRD: The knowledge given to me by the Lord Jesus Chri: TRUSTEE N. JONES: Okay. And you had mentioned -~ just for clarification, a few times through your statement you mentioned settling before a jury. What jury were you referring to? MR. BEAIRD: Well, you're the jury here, TRUSTEE N. JONES: I understand. MR. BEAIRD: And the next step in the process is @ federal jury. STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333, 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 u 12 1 u“ 18 16 18 a9 20 aa 22 23 24 25 34 ard of Trustees -InvngIndpsndant Schoo! Dstt vel Troe Appeal Hearing "7202010 TRUSTEE N. JONES: Okay. MR. BEAIRD: Whatever jury decides to settle I guess is where we end up. TRUSTEE N. JONES: Okay. Thank you. Just want to clarify, make sure I have this right. valerie Burch offered to be your co-counsel and she was with t acu? WR. BEAIRD: Yes. She is in the case of Tunkhannock Area School -- or excuse me ~~ NN, plaintifé, versus Tunkhannock Area School District, et al. It was filed on May the 20th incidentally. They contacted me; I didn't contact them. TRUSTEE N. JONE: se you Thank you. The mentioned of national importance, was it this case or the ACLU case? NR. BEARD: That is a case in the Third Circuit right now that is of national significance. In fact, it was ~~ in fact, I saw the case being debated among legal scholars on CNN for about an hour a couple two, three weeks ago, Gerry Spence and other well neys. ‘They all decided that cell phones respected att: do engender a right of privacy. TRUSTEE N. JONES: Okay. All right. Let's see. You had mentioned Mrs. Beaird was violated due to the text being sent to MIMI phone. Can you just STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333, 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150,1 13 14 16 vv 18 Fry 20 a 22 23 24 35 oar of Trstes ning Independent Schoo Distt evel Tre Appeal Hearing "r0010 clarity the relationship of MINIIMiy pone = Mrs. Beaird? MR. BEAIRD: Yes, ma'am. ‘TRUSTEE N. JONES: So I don't make an assumption. MR. BEATRD: A sender of a package, whether ¢ mail or an e-mail or text, they enjoy what's it is in called an expectation of privacy of their mail. And until that mail gets to the sender and unless the sender releases it on their own, then -- f mean —- pardon me ~~ the xeceiver. The sender enjoys an expectation of privacy of all texts, all e-mail, and all mail that they send to the particular individual. So that's where Mrs. Beaird’s rights were violated, in an unreasonable search of text messages that Mrs. Beaird had sent to ME so at gives her standing in this case. TRUSTEE N. JONES: And one of your monetary requests -- I just want to clarify. ‘The amount was based initially as a baseline for the McDonald's coffee case? MR. BEATRD: Right. We figured that that right probably is worth a cup of coffee. TRUSTEE N. JONES: Okay. I think you answered that one. Okay. I think that you have answered all mine. Thank you. MR. BEARD: Thank you, ma'am. STEVEN H. GENTRY & ASSOCIATES. INC. (214) 321-5393 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 7515010 ia 12 3 1s 16 v 18 19 20 at 22 23 24 28 36 tng independent Schoo Diet Level Tes Mapas! Hearing Board of Taste “72072010 TRUSTEE V. JONES: Is that all? Ms. Jones, do you have anything for Diaz? ‘TRUSTEE N. JONES: Oh, yes, I do. I apologize. Mr. Diaz, you had mentioned about the cell phone being in the school. What is the policy about cell phones being permissible in school? the cell phones MR. DIAZ: We do permi be brought to campus in the off position. It's noted in our Student Code of Conduct. The cell phones apparently -- they have a value to parents being able to communicate to their children. TRUSTEE N. JONES: And you had also mentioned that Ms. MMMM onone was vols provided. I believe that she also assisted in helping to tarily maneuver in terms of the -- MR. DIAZ: Yes. There was once -- once she Was granted access -- Mrs. Dahl was given -- provided phone, Mrs. Dahl sought some assistance in trying to reach the text messaging files, and she assisted her. TRUSTEE N. JONES: All right. Thank you TRUSTEE V. JONES: I believe Ms. Heather Ashley has some questions of verification. TRUSTE! ASHLEY: Actually it's about that STEVEN H. GENTRY & ASSOCIATES, INC._(214) 321-5333 £2879 GUS THOMASSON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 75150,37 Boars of Tastee ning Indapensent School tit Love Tr Appeal Hearing Taora018 1| point that Nancy just asked about, Nancy Jones, about 2| when the phone was given. 3 Mr. Beaird says that there was coercion 4] involved. And I was flipping back through the memorandum and flipping back through the statements of the vice principals at each level of the hearing, and 1 don't ever remenber seeing reference to coercion and a threat of 5 6 7 8 | punishment if they didn't hand the phone over. Did T 9| miss that somewhere in there? ° MR. DIAZ: That was -- I guess I'll respond to that. The questioning was viewed as cordial with all 12| the students and part of trying to understand the 13| complaints that were brought to the Administration. 14 TRUSTEE ASHLEY: Okay. 1s MR. DIAZ: It was not described as coercion. 16 | tt was all -- it was all cooperative. 7 TRUSTEE ASHLEY: So there was not a specific 18] threat that if you don't hand us our phone, we're going 19] to call your parents or we're going to call the police? 20 MR. DIAZ: There was no threat. a TRUSTEE ASHLEY: Okay 22 MR. BEAIRD: Let me respond to that. I do 23| not agree with that. A coercion can be made in several 24| fashions, as we all are well aware. There can be 25 | physical coercion, it can be mental coercion; it doesn't STEVENH. GENTRY & ASSOCIATES. INC. (214) 321-5383, 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 7515010 a 12 a4 a5 16 v7 18 19 20 22 23 24 38 ‘Board ot Teusoes vg lndapondent Schoo! Det Love Tree Appeal Hearing “re0010 have to be verbal coercion. Courts have upheld that numerous times. And when an individual is detained against their will -~ and Mgmgy vas detained agains her will, so were the other individuals. and one individual -- 1 don't think you have any statements entered by 1M chat’s why you don't have any evidence of that. However, you have testimony in the brief that recants that. The fact is that when you bring a child in and you sit then down in a closed room and they are under threat of punishment if they don't cooperate, which that was intimated to MMMM) -- when you have statements Given to other students that say, Give me your phone, I need your phone. That's a conmand. And that's certainly distinguishable between the statement between, May T have your phone, May I review all of your test messages or may read all of your text messages, may I keep your phone. So coercion cannot just be verbal. It is physical and it's based on the surroundings and the events at the time. These children were coerced into giving up their phones because they felt that they were going to be punished if they did not. And frankly, they were misinformed that they could not refuse. I mean, they were in a closed environment, in a closed room and when STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333 12079 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 a 2 3 a4 16 7 18 19 20 a 22 23 2a 25 39 oat of Tes rg ngepndent Scat Distt Love Te Aopen Hang 72012010, you have the statement, Give me your phone from a person of authority, then they have to make a decision at the £ I refuse this young age that they are what happens i: order. And that was an order. They were told that many times in school, If the teacher tells you something, you've got to comply. So yes, they were coerced. TRUSTEE ASHLEY: And you mentioned just now that the and I think you may have mentioned it before a] in a closed-door setting. Did I misunder: MMMM anc her boyfriend went to the office in this child - n this case was brought into the nd the reason tha: first place? Did they go to the office or were they called into the office? MR. BEAIRD: I'm not sure what your understanding is. It's clearly set forth in the memorandum. It lays out the facts. What pa: TRUSTEE ASHLEY: Which was, could you tell me, please? NR. BEAIRD: Okay. Let me go back and I'11 recite. On or about the morning of Friday April 2nd, 2010, MB went to the vice principal's office at MacArthur High School, hereafter "MHS," to report a series of repeated events of serious bullying, harassment, hazin by another student of MHS. Does at answer your question? STEVEN H. GENTRY & ASSOCIATES, INO. (214) 321-5333, 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 aa 12 13 aa a5 16 7 18 19 20 aa 22 23 24 40 Board of Tastes ving Independent Schoo Distt ova Tee Appea! Hearing “re0%2010 the TRUSTEE ASHLEY: She went to repo! bullying and in the process, the phone was MR. BEAIRD: Correct. TRUSTEE ASHLEY: -- because of the incident with the gun? I don't agree with MR. BEAIRD: I di anything about a gua. But I'm just saying that that's the reason -- you asked me a question and now I've given you a responsive answer. TRUSTEE ASHLEY: Okay. MR. BEAIRD: Her intent was to report serious bullying. It was ongoing. A student running up and down the halls saying my daughter had sexually transmitted diseases and other kind of stuff, blasting st of the campus, which was false them out anong the and defaming. And I could sue her if T wanted to, but have decided not to do that, So her intent was to get this other individual co cease and assist that harassment activity. TRUSTEE ASHLEY: I do have one question. I'm sorry to keep persisting in this. Ralph, the summary that T have read in the appeals, in the different levels of appeals, is that -- is that M§MMMB and her boyfriend went in because they Were concerned about a threat and bullying, that whole ‘STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-6389 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 75150aa a2 3 a4 15 16 7 18 19 20 a 22 23 24 25 41 ‘Board of Trustees rang indepandet Schoo! set Level Tee Appeal Hearng “re0r2018 situation. At what point did the gun conversation happen? And I'm assuming that that's the reason that Adninistration felt that they had cause or they had a h reasonable suspicion to sea phone; is that understanding that correctly, that's why they had the reasonable suspicion? MR. DIAZ: The approach by the students, the pair that approached Ms. Henriquez, was to report the young man that was accompanying her, that he was -- he felt threatened. The initial meeting was with both. The young man requested that MMMMgpleave the office, and he began to share his concerns. Later through the process, it was discovered that there was an issue with the other female student. TRUSTEE ASHLEY: Right. MR. DIAZ: And Mg TRUSTEE ASELEY: Okay. Thank you. ‘Thank you, Ms. Jones. TRUSTEE V, JONES: Are there any other questions by Board members this evening? TRUSTEE JENKINS: I have two. TRUSTEE V. JONES: Mr. Jenkins? ‘TRUSTEE ENKINS: Yes. Mr. Diaz, I just need to clarify something. So four cell phones were only one was seized or.. taken up, bu STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5935 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 a 2 3 a4 45 16 a8 19 20 a 22 23 24 42 Board of Testes vag Independent Schoo! Dit Love Troe Appoa! Hearing "202090 MR. DIAZ: All four phones that were on the possession of the students were searched; only one was detained. TRUSTEE JENKINS: They felt no reason to hold the other three, right? MR. DIAZ: The police involvement -- they viewed only one cell phone was pertaining. TRUSTEE JENKINS: I guess my last question for clarity. I think I read somewhere where someone was handing over a phone and had an opportunity to erase some messages? MR, DIAZ: Yes. We believe that one student Was able to completely delete all files on the phone before relinquishing it to the Administration. TRUSTEE JENKINS: And that's probably the only one that was noticed that had an opportunity to erase? MR. DIAZ: It was suggested that was the only one that was changed prior to it being handed over. TRUSTEE JENKINS: Okay. Thank you. TRUSTEE V. JONES: That concludes your questions, Me. Jenkins? ‘TRUSTEE JENKIN ves. TRUSTEE V. JONES: Anyone else? Okay. The presentation and question time is over -- STEVEN H, GENTRY & ASSOCIATES, INC. (214) 321-5839 2879 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 u 2 3 u 18 16 7 18 19 20 aa 22 23 24 25 43 Board of Trusts - Ing independert Schoo Distt Level Tre Appeal Hearing "2012018 (Sotto voce discussion between Trustee V. Jones and Mr. Deatherage.} TRUSTEE V. JONES: You did state tonight, Mr. Beaird, in your presentation that you were hopeful to resolve this. I take you at your word, you're hopeful to resolve it with us here this evening. On your list of items that you eluded to, Number 10 was the public apology. Would you elaborate on that for me, please? MR. BEAIRD: Elaborate? It's kind of self-explanatory. It's a simple, easy 1 out of 11, and that has not even taken place at this point. That was denied at Level 1, denied at Level 2, denied at Level 3; and here we are Level 4 talking about a very simple request. Is that enough elaboration? TRUSTEE V. JONES: Well, would that settle the matter in your mind? MR. BEAIRD: Well, I would think that at Level 1, 2 lot of things would have settled and maybe a t Level 2 and a few more few more things would be needed things at Level 3. ‘The farther up the ladder we go, the te. It's not less of these will drop off the sufficient at this tine. TRUSTEE V. JONES: Okay. MR. DEATHERAGE: Mr. Beaird, I'm Tim Deatherage, legal counsel for the district, general ‘STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333, 2979 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150,44 Board of Trees nag Independant Schoo istit ov Tree Appeal Hearing "202010 counsel. I think what Ms. Jones is trying to find out from you -- you made the statement that you had hoped ~~ you hoped you could resolve this. she's trying to find out from you what do you want to resolve, finally and completely? TRUSTEE V. JONES: That's exactly what I was trying to ask you. MR. BEAIRD: Oh, okay. What Ls your name? Because I've heard your name mentioned. MR. DEATHERAGE: Jim Deatherage. MR. BEARD: My partner, John Curtis, has been practicing 50 years. I must have heard your name before. MR. DEATHERAGE: Perhaps. MR. BEAIRD: You know, you've just got to make an offer. We've got to realize that maybe we need to make some changes in policies, maybe we need to admit we ain't always right. That's why we have these boards to direct us, our actions. So I'm open to offers, you know. But for me to make you an offer is inappropriate as a potential plaintiff. If you want to seriously settle this, then, you know, hey, I'm out a phone, paying ly bills on a phone that I don't have, which I ~ nd distasteful. My wife sat there and watched an errant STEVEN H. GENTRY & ASSOCIATES, INC. (214) 221.6933 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75180uw 12 13 15 16 v 18 19 20 a 2 23 24 25 45 {oars of Tusoes- ving Indopondent School Dist, Lave Tree Aapeal Hoang “202010 employee just flippantly going through her phone laughing in her face and she was looking ~~ MR. DEATHERAGE: Mr. Beaird, I asked you a question. In response to what your -- MR. BEAIRD: The 11 itens. MR. DEATHERAGE: -- testimony. find Now, Af you = they're just trying you've said out -- you came here. You have a complaii you want to res. == you hope to resolve. MR. BEAIRD: Correct. ALl they want to know you're the plaintiff, you know what you're willing to accept to resolve. That's all they're trying to find out. MR. BEATRD: Okay. You can read the 11 items here. I want every one of them. Now, if you want to make me an offer and you want to settle this at this level, go ahead. MR. DEATHERAGE: You've made a lot of speeches tonight about reasonableness. That's not reasonable MR. BEAIRD: That's your opinion. I believe the jury will find that our Constitutional rights are worth more than a cup of coffee MR. DEATHERAGE: We're all as concerned to STEVEN H. GENTRY & ASSOCIATES. INC. (214) 321-5383 2579 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 751503 1 18 16 18 19 20 a 22 23 24 46 ning indopendent Scho! Distt Lever Trae Appeal Hearing Board of Tate “12072010 tional rights of SMMMMMMBas you are. Tf you don't want ~~ MR. BEATRD: Okay. Make me an offer, sir. MR. DEATHERAGE: That's all she was trying to find out. hat. I will MR. BEAIRD: No, I'm open be reasonable, but I'm not going to propose it. Is that reasonable enough for you? WR, DEATHERAGE: If you're serious about resolving it, that's what they wanted to find out, And you said all 11, so I guess that's it MR. BEAIRD: Make me an offer. I'm not -- it's inappropriate for me as a plaintiff to tell you what Iwill settle for. If you want to make me an offer.. nly That's MR. DEATHERAG inappropriate. Let me ask you this: I've got to find out for sure, if the Board decides to make an offer or to consider an offer, who to convey it to, Mr. Curtis or you. MR. BEAIRD: I don't really care. I mean, I'm filing as next of friend of MMNMMand as her guardian. Mr. Curtis is of counsel on this case. MR. DEATHERAGE: Are you an attorney? MR. BEAIRD: No, I'm not. I'ma federal STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5335 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7518010 nu 2 3 u 18 16 7 18 19 20 au 22 23 24 25 a7 Board of Trutees ving Indapadet School Date Level Te Appeal Hearing “12012040 relater MR. DEATHERAGE: His name appears on these documents. MR. BEATRD: Right, correct. MR. DEATHERAGE: Now, you understand I have @ legal obligation to talk to you only with his consent? So I will not talk to you any further. I will talk to Mr. curtis. MR. BEAIRD: 11, practicing pro se -- does not need an attorney in a case Like this. MR. DEATHERAGE: I also know what my State Bar rules are, Mr. Beaird, and I'm not going to violate then. MR. BEATR Well, 1 represent MMM as her attorney in fact on this case. I filed as next of friend. This is a pro se case. You need to reread the statutes. Now, you don't want to talk to me. That's fine. MR. DEATHERAGE: I can’t. I've got to get Mr. Curtis? ngent to talk to you. MR. BEAIRD: Okay. Whatever you want to do hat. Be He's of counsel. Reread the statutes on om line is there's 11 items on here. You can decide today you either want to settle these or we will go to court. And this will go before a jury, and it will cost money to STEVENH. GENTRY & ASSOCIATES, INC. (214) 321-5333 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 751501 2 3 48 ‘Boars of Tastes ving Inéapenden Schoo! Distt Love Thre Appeal! Hearing "012010 defend this case. These are serious itens. I'm not going to jack around with what I will take and what I won't take I'm not going to be sat here and intimidated by -- of counsel and told -- I'm prosecuting this case prose. I'ma U.S. federal relater. I prosecute fraud against the United states. I investigate and bring those cases and qui tam actions under the Federal False Claim Act. I prosecute those claims just Like anybody else. So check your State Bar rules. I know I'm right. You don't want to talk tome. That's fine. We can talk in I will win, MR. DEATHERAGE: If I get Mr. Curtis’ Federal Cour: consent, I'll talk to you. T might MR. BEAIRD: We won't talk. You might as well get you new counsel. Now, the bottom line 1s I am a reasonable person. I ama God fearing man, and I can sense that my wife was -- was really -- I mean -- she was -- it was impudent in the actions that the employee took. I'm talking about a police officer that was located at that campus. I'm incensed at the way that the whole incident Was handled on the bullying, And at this point in time, I'm not going to sit here and tell you what I will take. TE you want to make an offer, make an offer. STEVEN H. GENTRY & ASSOCIATES, INC. (214) 921-5933, 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY} TEXAS 75150,49 Board of Trustees ivingIndopandet Shoo! District Level Trae Appeal Hearn "20/2070 TRUSTEE HUFFSTETLER: I would like to adjourn and talk to our legal counsel TRUSTEE V. JONES: Are you making a Motion? TRUSTEE HUFFSTETLER: I'm making a Motion TRUSTEE V. JONES: We are not allowed to deliberate in closed session. We are allowed to get legal advice. All our deliberations tonight regarding this case will be done in open session. We will follow the Texas Open Meetings Act's guidelines. We will confer with our attorney and -- in our room. And this meeting stands in recess. It is now 7:31. (Break taken 7:31 p.m. to 7:38 p.m.) TRUSTEE V. JONES: All right. This meeting 4s called back to order. We did get answers to a couple of legal questions. Thanks for giving us that opportunity: Do we have any further questions by the Board? TRUSTEE CHRISTIAN: Madane president, would you entertain a Motion regarding this matter? TRUSTEE V. JONES: Mr. Christian, I would. TRUSTEE CHRISTIAN: Given the complexity of the legal issues and the considerable volume of testimony in this case, that the Board request to Mr. Deatherage to review the record of this matter and provide the Board ‘STEVEN H. GENTRY & ASSOCIATES, INC. (274) 321-5939 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515010 a a 3 cy a5 16 7 18 19 20 a 22 23 24 25 50 Board of Trustees ving Independent Schoo istic Love! Thre Appoa! Hearing "ran2010 his analysis of the findings of fact and legal issues that are important in this case, and that the Board then would consider his findings in making our decision once he has given us his opinions ‘TRUSTEE V. JONES: Mr. Christian has made a Motion. Is there a second? TRUSTEE HUFFSTETLER: I second. TRUSTEE V. JONES: Motion has been seconded by Ronda Huffstetler. TRUSTEE CHRISTIAN: And if T may speak to the Motion? TRUSTEE V. JONES: Please. TRUSTEE CHRISTIA Again, this is a very complex matter and none of us are attorneys. We all have some basic understanding of the Constitutional law but thing this is going to require more than just a basic knowledge. It's going to require some expertise and some research regarding Court cases and statute, and that's what we have our attorney to do for us. And so I think it is incumbent upon us to use his services at this time in this case. TRUSTEE V. JONES: And just as a matter of procedure, our -- please correct me if I misstate our policy -- but our policy does indicate that we would render a decision by the time we -- of our next regularly STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5933 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515051 Bosal of Tstees-InngIndapendent Schon! Disinet Love Tr Appeal Hearing "02010 scheduled Board meeting, which that is two weeks from yesterday. I think that's August 2nd or 3rd -~ August 2nd. In lieu of that, if there's no decision made at that time, then that would mean that the Level 3 decision by the Administration stands, that we agree with that. Did I restate that policy? TRUSTEE CHRISTIAN: I think that's an accurate summary of the policy. TRUSTEE V. JONES: So that would be time. Is any other comments by Board members? Seeing none, I guess I'll call for a vote. on the Motion -- oh, yeah -- our voting thing is not turned on, I don't think. So all those in favor of the Motion that's on the floor made by Jerry Christian, please raise your right hand. Oppose. Motion passes and carries. Seven ng for, zero against. So restate what I believe the Motion was: We have instructed our attorney to give us a list or a finding of fact from the record of this case -- the case -- what's been presented here this evening and what has been presented in Exhibit 1, which is that -- which is all the materials from the previous appeals. And that we would use that to make our decision and that would be STEVEN H. GENTRY & ASSOCIATES, INC. (214) 221-5333 2878 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 7515052 Board of Tees ving Indepencint Schoo itt Lee Trae Appeal Hearing "re020%0 u 12 13 as 16 u a8 as 20 a 22 23 24 25 by the date of our next Board meeting. TRUSTEE CHRISTIAN: And he will not make the decision for us. It's still a decision of seven Board members, and however that -- the Board rules is TRUSTEE V. JONES: ‘The only people that can make that decision ~~ TRUSTEE CHRISTIAN: Te us. TRUSTEE V. JONES: -- are the seven elected officials that sit here tonight. There is no further action before this Board tonight. There is nothing else on our agenda. This meeting will now be adjourned. (End of proceedings 7:44 p.m.) STEVEN H GENTRY & ASSOGIATES, INC. (214) 321.5553 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150a 12 13 a4 as 16 vv as 19 20 a 22 23 24 25 53 Board of Trustee ving Indepenset Schl Dit Lovet Te Appeal Hearng "2072040 STATE OF TEXAS) COUNTY OF DALLAS ) I, Joy L. Dunkin, Certified shorthand Reporter in and for the State of Texas, do hereby certify that the facts as stated in the caption hereto are true and that the foregoing 52 pages are a full, true, correct, and complete transcript of the proceedings had on the date and at the place set forth. GIVEN UNDER MY HAND AND SEAL of office on this the JI aay of , 2010. doy L. Kinkin, CSR No. 7848 Steven H. Gentry & Associates, Inc. Exp date: 12/31/08, Firm Reg. No. 195 2379 Gus Thomasson Road, Suite 100 Mesquite, Texas 75150 Telephone Number: 214-321-5333 STEVEN H, GENTRY & ASSOCIATES, INC. (214) 321-5398 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75160,DIGITAL SIGNATURE AUTHENTICATION This transcript contains an electronic digital signature affixed by the court reporter. This advanced technology has been authorized by the CRCB as compliant under specific reporting guidelines. The process not only acknowledges the authenticity of a printed paper copy of the transcript but also the file in its state of electronic storage. The technology encompasses transmission integrity, nature security, and record keeping for each individual CSR that affixes the signature. The CSR has sole personal control of affixing a signature certifying its authenticity.Boo of Trustees - iving Independent Schoo! District z ‘able 10:20 38:12 32:13 above-styled 1:21 ‘Absolutly 29:17 ‘aeaderie 4:17.19 Sceslerate 5:3 accept 45:13, ‘ecess 35-19 ‘cessing 23:10 ‘accompanying a9 accurate 51:8 ‘accusations 21:7 ACLU 6 94:75, aet'9.17:19 48.9 pation 5:21 1838 2410.25:18 20 52:10 actions 20:11 21:1 21.3.2428:19 4419.46.20, activity 58 40:19 Rete 20.9 ada 03 14:17 Bddtion 22:2 23:3 Adaitional 95 52 address 25:21 Adjourn 49.2 djourned 52:12 ‘Administration 822 701.1225 dota ari 24:19 25:2021 2528 57 19.813, aon4 sts ‘Administration's 72 ‘administrative 17212124 administrators 21'20°262,0,11 admit 17 Admittedly 18:25 ‘advice so"? ftrala 20:17,12 30,10 290393 ‘agendas:22 52:11 ago 104 3420 agree 37:23 80:6 ors ahead 86 11:4 2515.45.18, aint 4418 Airport 1.22215 alsei0 Allogiance 516,10 1210 ALLEN 216 allow 12 allowed 495.5 Allowing 25:8 ‘ered 1:12 ‘amen 5:11 ‘Amendment 16:10 1625 172.7 2849,11.11,23 23823 America'31:18 ‘American 516,16 "a2 ‘Americans 117 Tn2t 1539 159 ‘American-born 122 America's 11:17 amount 35:18, ‘amounts 18.25 ‘analysis 50:1 ‘andlor?1-18 answer 38:24 40:9 ‘answered 35:29, "3623 answers 12:17 "iat Antonin 18:4 anybody 178 "Joo «89 apart 1222 pathy 31-17 apologize 205 apology 19:28 238. apparently 26:12 Appeal 1:10 3:10 32562728 2032 appealing 6:3 appeals 72 40:23 "to 51:28 [APPEARING 2:19, ‘appears 472 ‘appointed 12:12 approach 6:12 725 41:7 approached 418 appropriate 21:25 aa 18 ‘Apel 2024 22:1 246.253.1119 39:20 area 12:20 249,10 ‘areas 837,20 argument 156 armed 13:2 ‘arrest 25.15 ‘ashamed 142 Ashley 24 7.23 829:10,14.17 2859.18 96:24 3625 37.14.17 372190747 401.4100 ants.17 ‘asked 05:12 “ist 18:12 235 2390971 08 453 asking 337 ‘seist 40:18, ‘assistance 25:10 36:20, assistant 20:20 assisted 95:16.21 ‘Beoclated 12:19 ‘Associates 2:10 a0 assuming 41:2 ‘assumption 25:5 ‘tention 10:11 attorney 28 3222 16:28 47:10,15, 4910 60:19 51:20 attorneys 34:21 S08 August 512.2 ‘authority 255 "02 aware 37:24 Baesz3 206 back 18:20 1910 26:23 28:19. 50183745 go-19 40-18 backpacks 16:12 bbaa2s 26:17, Bara712 48:10 based 227 23:11 “35:18 38-19 baseline 35:19 basic 50:15,16 basis 16:1 29:9 battle 1420 Beaird 11.3215, 210,23.33.33) S4062.3.11.16 2:18,18.20 79 746218159 1317.21.28 98,13,16.31.23 9.251021 11:3 ine 1412.15 17820132119 241 515 25:22 2e388.16 2021 32:12 331 53:15,21,24 342 4016.24 952 353.15,20.25 373.22 3814.10 2036.1 4349 4317.24 469,11 44154535,10 4515.22 4638 2612.21.95 474 4792424 416 Desires 175, Sosens 2114 23562524 515 35:14 bear 120 ‘becoming 15:9 Bodden 224 12:8 1s2 began 41:12 behalf6:9 202.33 believe 13519 18:5 2922.23 36:16, 5:23 4212 45:22 51:19 believed 23:13 belonging 2415 benefit 1:19 besta24. better 4:20 12:20, big 3123 bills 44:23, Binder 3:10 blasting 40:14 bless 65 10:10 blessed 10:3,10 3312 bloodshed 20:22 Board 11,222:3 11 S43 64,24 STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5393, 2579 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150, 1 Level Three Appeal Hearing 7202010 7662294,7 sansa 20 46:18 4918.24 $9.25503811 sri 621.34 5210 boards 43:18, bombs 15:21 bottom 4722 “267 boundaries 11:15 "302.2 boytrend 30:11 ozs brave 117, Break 40:12 breath 18:2 beet 1838 20:19 ‘sar being 0:11.14 399487 brings 25:23 broaden 5:4 brought 22:4 2542 96:10 5713309 bullying 17:20 23.25 Bureh 16:4 246 bustle 14.26 buy 31:20 =e e2iei 26 call 4:3 14227119 3719.19 51:12 called 8 16:25, 17212 358 soisaeta camera 1623 "1025 campus 67 20:25 21'19-26-10,12 25018,0831 3810.40.15, 8322 caption 53 ar 225 10232 care 18:21 46:21 carries $1217 cars 208 case 155 1651.5 “e:16 1819 192 192 20:1 273.4 2r7 9.2122oard of Trustees - Irving Independent Schoo Dist 28:13,20 30:18 3019348 13,14 3415.10.18 3516,10309 462 4790.15, 471048515 49382450221 5121.22 cases 254 28:16 “488 50°18, caught 5:3 ‘cause 21 1321 221025:12 2716 29.13 413 causing 25:10 cease 0:18 ceased 25:8 ell 15:19 1617.20 16:24 219,127 2210.22 2387, 25149719243 2ata'zs'254 3421 3658.79 Se:t1 41:24 427 celular 20:24 ‘conturies 116 ‘certain 0:19. comtainy 939 34:0 “seta certificate 3:5 Contited 53:4 certfy53.5 ehain 30:8 challenges 21:11 ‘chance 13:18:11 ‘change 30:4 3116 changed 10:8 nt9 4210 ‘changes 10:12 249 46:17 Chapter 3 ‘charges 25:15, ‘check 8:10 child 20-4:35:10 389.399 children 138 3613 35.21 chilling 29:10.11 "08 china29:76.25, 308 Chinese 20:16 choices 25:3 Christ 33:16 Christian 24 4:11 419.14 2052 49:1921,22508 501018597,15 5227 Circuit 9:17 circumstances 25.11 28.17 cizen 4:1 207 hain 1913,12 a8 claime 42:9, larifeation 3216 18 clarifications 225 slanty 8.10 345, 3618 41:28 arty 429 loa 15.25 16:12 larly 16:9 18:10 28:25 902 9015 climate 25:9 ‘lock 923 ‘loved 38:10,25. ‘3825400 closed-door 39:10 closing 1853 ‘CNN 32:19, Code +2 12:13 coerced 31:7 "3821 308, coercion 373.7 (3715.28, 25,25 38.18 coffee 18:20,23,25 35:10,21 45:28 coineldence 22:17 Colleague 23:12, ‘Some 21 10:18 1315 15:18 165 02 comes 28:99 command 38:14 ‘commands 1722 ‘comment 26:23, ‘comments 713 TH510,17 223 23208191 common 20:5 ‘commonly 18:4 ‘communicate 3 ‘communication “rs 2097 companies 19:14 compensation re ‘complainant 6:5 10 complaint 6.25, 1014 1524 458 complaints 22:17 ‘373 complete 53:8 Completely 42:13, a5 complox21:7 "28:25 90:14 ‘complexity 43:22 comply 306 ‘concerned 218 282531:19, 4028 45:25, concerns 216 “a.18 2529 ata concludes 42:21 ‘conclusory 26:17, conduct 12:18 itt 36:11 conducted 7:8 9:7 2410 conducting 242 confer s0'9 confidential 24:22 ‘confidentiality "2421 confirmed 25:1 ‘confiscation 2387 connection 22:2 2 conscious 21:2 consent 476,20 “4514 consequences 23 consider 62 36:10.50:3 considerable "4023 ‘considered 5:25 constant 13:18 Constitution 1'16,10.5 128 sae 1310.12 1347 143.504 1822 151325 185320510 27220322 327 cor tutional 2 Level Thee Appeal Hearing 18:16,10.22 194 452346. 50.15, consult 1023 Contact 3412 ‘contacted 34:11 contention 20:25. Context 10:7 16:7 continue 14:13 207, ‘contraband 27:13, "27:25 2822 ‘convened 61 ‘conveniant 15:14 ‘conversation aan att 28 convey 46:19 ‘convoys 13:2 ‘cooperate 38:11 ‘cooperative 3718 copies 6.2575 ‘cordial 37-11 corporal 131.6 Correct 40:3 45:10 “478 8023 53:7 corrective 18:7 correctly 33:8 a5 cont 13:14 47:25 coats 25:2 counsel 214 026 2525 43.25 48:1 46:25 4722 405.16 492 ‘countries 13:13, country 10:8,78 1222 187 987 15131415 1625 185 194 20820-10.14,17 2024.25.30:18 223 country's 11:24 Gounty 123 53:2 couple sta 1418, 341949.14 couples 21:25 24,5232 2518 course 7:4 1618 a4 STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5353 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150 2012010 court3:5 77157 18.20.2122 25:20 27 4.10,13, 2723 288 91:11 4724 48.12 5018 Courts 2625 38:1 Cox 13:12.6,10.12 3.20.35 321 core 1317 ‘co-counsel 165 388. craig 25 5:13.15, create 20:18 ‘reated 223 creating 217 ered 1819 criminal 1712.15, 2118 29:1535 25:16 295 criminally 17:16 cross 7-70 cerudely 11:24 crumbled 143 csRss8 ‘cumbersome 156 cup 18:2023,25 3521 46.24, unis 216 44-11 461923 47,20 4613 ieee: D2esieai Danl21'23 229,12 22:46 2335812 36.19.20 dally 1424 25:24, Dallas 1.23 217 532 damage 25:5 ‘damages 18:12 "g7tt 285 DANA2 24 dangerous 135 dates2.159.19 dated 248, Saughtor6-14 W015 2114239 2523156 ara daughter's 2023 207 235.14 2432520 day 1202"Board of Trustees - Ing Independent School District 3121.29.24 a3 days 2719 Das 16:19 dealing 15:3 17-18 79 oar 11.9 Deatherage 29,10 1 3225 43.2 48.24,25 4410 sero.teasae 85:11/10.28 20:4 469.15,08472, arsiti9 413 4024 debated 34:18, ‘decide 5:21 30°16.2147:28 decided 14:1 ‘defaming 40:16 defend 128,16 "23,0 48 defendant 39:28 Sefending 1222 ‘eficenctes 5 Sefine 271 degree 15:17 delete 42:13 deliberate 495 Sellborations 49:7 delivered 21:2 Demitarized 13:3 denied 6:5 25:25 4512.12.12 department 24:14 2428 described 37:15, DESCRIPTION 3:2 detained 382.3 223) determine 19:1 determining 23:18 ovastated 149. Sovastating 11:14 FW 14:20 dares 6:13.13, sons diary 1623 30:25, Dian226 34 638 623.2824 20:17 2010.20 262,16 aeavansane 35369,18 3710:35,20 41.7 441628 42418 42128 died 149 diferent 12:24 "513 40.23 ‘ificute 19°18 digital 16:23 Bionn 21:23 rect 2612 48:19 ‘irection 15:8 ‘Sirector 87 ‘disagrees 21°19, ‘discernment 4:22 discovered 1:13 ‘iscussed 2421 2423 discussion 10:25, diseases 40-14 disintegrated 18.28 disregarded 14:3 ‘isruption 25:10 dissect 26:25 distasteful as.24 distinguishable 32:18 istit 13.214 14.16.26 162 ata 1920 31163410 4325 istrict 21:1 dividing 133 ‘documents 71.3 7152022 47:3 doing 1723238 ‘350 domestic 129.15, br2.242565 126 "152 18:13 srat'11:20 raw 1638,11,12 e21 3i1.2 drop 4321 drugs 234 dye 17:3227 "ya24 Dugger225 65 "et3 duly 46 Dunkin 524.18 duty 1256 137 edveation 5 E40 22425 effect 20:19 30:16 efforts 56,10 ther 53 7.25 4724 laborate 43:80 ‘laboration 43:14, ‘lected 52'8 flectronie 17:13, 713 eluded 43:7 ‘emphasize 27-11 ‘encroached 10° Yeo ended 27:8 enemies 129,15 ‘enforce 20:4 engage 58 engender 11:11 022 enjoy 1517.28 387, ‘enjoys 17:0 28:1 "28120 35:1 ‘enlistment 12:3 ‘ensure 1115 ‘entered 15:24 315.11 386 ‘entering 10:21 ‘enters 122 ‘entertain 49:20, ‘environment "25:0,44 38:25, erase 42410,17 forrant 4428 3 Level Three Appeal Hearing especially 415 fessonce 17:23 festablish 1:11 eo ‘evening £3.12 1522,257 24 10:281-20 438 5122 ‘event 25:17 events 38:19 ‘3023 ‘everybody 8:11 "28:23 38:2 ‘everyday 11:21 ‘evidenca 96 022 180237 2314 26:18,22 388 exact 18 exactly 448 ‘examining 28:10 ‘example 1728 ‘exeaed 255 ‘exception 26:1 ‘excessive 25:5 ‘excuse 25:23 34:0 ‘exhaustion 21:24 ‘5123 ‘exigent 28:17 ‘existed 21:8 Exp53:19 ‘expectation 17.5 1792817.28 295 35,11 ‘expecting 22:19 ‘exporionce 5:5 228 712072000, falee 40:15 48:8 families 14-10 far723 10:15: Fargo 2:10 Farmers 19:0,12 farther 43:20 fashions 37:24 Fathers'21 5:1 Fathers 11:10.23 “493 favor 51:14 fearing 48:12 fed 165 19°13 federal 1571712 r152122, 3825 40:25 486 488.12 f00h30-12,13 33:10 footings 25:9, teit3822 413,10 424 fomatei:14 fight 13°16 14:18 fighting 13:17 S122 figured 12:20 320 fg21:20,22 fled 5:24 25:16 3611 4735, files 23:10 3621 213 fing 46:22 finally 1418 44:4 find 1217 16:17 "2:19 27-9 2825 2013 44:1.3.24, experiences 13:11] 457,13,29.485 xpertise 50:17 express 13:10 48:10,17 finding 51:21 ‘email 1520 17:10 | findings 50:13 Wri 14285 296,18 30:10 357.12 fine 9:2 47:18 att Firm 53:19 e-mails 16:19 20:5 | fist 19:12 93:1,7 0452 fact34:18,18389 1375 50:1 51.24 facts 15:25 189 39:12 ffag5:17.198:28 flags 6:18 31:23, Alippantly 45:1 ‘ipping 3734.5 floor 51.15, FuGo:7 ‘2618 30:16 525 | FNF 247.17 failure 17:24 faith 72:10, STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333 2879 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75180 follow 40:8, followed 25:21,24Board of Trustoes- ving Independent School Distet 4 Level Tee Appeal Hearing STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5239, 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 75150, 77202010 3255 38:13 30: 51:20 | guide 5:10 425 Inlay 33:11 following 1:24 7-9 | given 773315. | guidelines 499 | honest 19:14 35:19 33 36:19.372 36-3 | gun22411.14,25 | hopest'18.459 | inated 21:5, follows 127 2416 | 20.840:22804 | "4057411 [hopedsa2.3 | initiation 124 footsteps 28 | 53:11 guns 15:22 hopeful 19:19, forego 22:2 gives 1553516 | Guss3:20 085 foregoing 537 | givings:7 3138 | guys 31.24 Hopefully 18:10, foreign 29.15 |°saz14915 | Gwenzs513 | hospital i417, | insurance 19:10, forever t6 | lado | nourai:19 rod forgot 425 | gleaned 222 H house 30:22 | intent 40:11,17 form 15:25 gosttssir4s | #365310 housewife 10:12 | intereapting 1711 forth 1693015 | 15:19 189 1020 | halla 40-13 Howman 22:13 | interception 20:5, 53.9 zets2eta | hand 1522 161 | 2346.17 Interest 24 fought1723 | 30151832310 | "02837918 |Mufstoter2s | interme foundz3222¢ | aztos01218 | sites 49:1,4507,9 | interrogations 265271428 | 43204518 | nanded 3:9 4210 | hustle 14:24, 238 foundation i | 4724.25 handing 2:10, =| intervene 259 founders203- | God 10'310 1214 | hangled 23:4, —— | intorviow 2221 28:28, 15:5 48:18, 4829 ibuprofen 27.69 | interviewed 16:18 founding 11:10,10 | Goa's 207 happen 41:2 23 421 2221 11231413” | going720.8:10 | happened 10:17 | legal 23:9 27-12. | interviewing 21:9 tourasaatza | “7019192 |"az%8 22 Interviews 229 a2 19:17 26:23 209 | happens 30-14 | egally5:10 | intimated 38:12 fame 1818 3019311920 | "303 rat Inimidated 8:4 framers 27207 | 31223228 | nappiness 1:2 | immediate 1+ | intrigued 12:25 feankly1390:25 | 334371010 | 430 implies 212. | introduea 9:9 fraud 48:6 3822451'467 | narassment226 | importance 166 | "20-15, free 132223 srizaezazs | om ares “egseie | inrusivezr13 freedom 1821.22 | 50.16.17 40:8 importants: | Investigate 22:17 freedoms 11.112 | goods 20:1 | narboring 22-11 | "50-2 87 freely 2916.307, | "31-15,16, hhard'1125.26 | improve25:24 | investigation Freeway 123211 | gotten 187 18:15,25 impudent 26:20 | "2ag26-18 Friday3920 | Governmont4:8 | Harrisburg 16:3. | inaceurate's12_ | invocation 412 fiend 1:246.22 | “2062912 30:12 | hazing 3923. | inappropriate 102 4716 governmental | heading 3118 | "ae20 4613.16. | involved S17 16:16 front 15 anit near 32362” | inconsea sada | "21152214 fuites259:7 | governs 27-14 | heard 33:56 449 | incldont 22:6 23:3 | 23:12 24:1,10 furthor21:947-7. | grab is:19 “aan "peta 40:4 40:22 | 374 43175210 | gramt3i66 | nearing :10,21 | incidentally 34:11 | involvement 42:6 future 108 granted2223 | “Fages76 — |included247 | involves 28:7 2393619 | near 2021 including 20:8 | ting 12.22.23, = grave 15:23 Heather 2:47:25 | Incumbent 50:20 | 212,14'¢4 oar grayans 30:23, Indapendent 1:3 | 181425.26 ‘game 31:20 great8:21 3209 | nelp 214207 | "ae 3114.16 games 1423, | greatness 13:18 | helping 52:36:16 | indieateso.24 | 1801.23, onoral2-1443:25 | greon 8:24 20:18 | Honriquer 21:24 | Indieatinge.2 | issue 16-4 17-19, Gentlemen 31:13 | gronades 1522 |" 2210113,16 23°12 | indifference 21:2, | 1720 26:20 Sentysaia | Grtevant219 | 418 213.14 2513.41.13, Gerry 34:20, grieved 10:16 | neretosa6 Individual 09 | issues 2621 casting 20:17 | guard 29:18.31:17 | hey 38.22, 27 362 38:2 | "49:29 90°2 gin s0-18 sui? 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[iegyrear oxo vento | zeangeas"° | mingsae e Baarne |e,” MSmdgman...| Hieiezoas |Mideass SStaarioa0 |Earyisas”” |uoctler2er7 |mataasoa.sa | amon 1 Sesraaeans [Uae |LSSaaa eat" [Maan a | turin o22 Sire sere |taogeg sss [long an ses minutes sat SUB ae [ieee [isekios — [uatraez, | Mose Sag tae" |"Mizreines |Iookngtmse — |Meoonaée 010 | minutes 79.12.19 Sieweasars | daoaee” |omeaes” |Meat riers 8 Rintoae |iwesee” — [oaaisare |memdssoagce | Aeavenets G2nzedha9 | Wgatioa 20 | loans Meo ashaats | Sage s0%e Siasaets [inate isesoea20|rmeanngartd | 20733 Sania” (Iepeisas ane [lewis |mamingeee” | michitass0 Seren [Be Ciocisease |" misiomed Haber |fecgtisoss0 |"ezeaiia's |muuezos0 | seme vy |" Shae” |" mist 50.23 Wloettie —|isamiras roweisaiee menace | isundertana ieiidoas ltmaaisao |timpria”> |meaazos {sno Misriery |itmgeotan [MMT |etiats | mode 6 agra |S | ating 720 | mak S12 SOUS ibe iavesr et Sao aa | mom ta t2208 Souzeaed” | thao Macwtnuree | dsiasisey | moments Barges |lmeyters Maomracrs | aga ‘oat seston 2c 104 |lpatoassex0 | eiaegt | wewtgn-2 409 | monetary 107 esse cio |monbaeia | "Ee Sica: [Mgrs |iennenss | many 022 legate 01 seein [eth iae (Sho 2s | Sitsae | monmiyaezs SeeTieans0 [MAME | memoraniom | enna ieepjaziaair | "St33 Tia taizisse| apszce%4 | moming 21525 @ a1 sto7s2 | Wetoma’ | srezone sere | STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333, 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150,Board of Trustoes- ving Independent Schoo! Dict mother 339 Motion 49:3,4,20 5068.11 5193 511547,19 movie ':19 ‘multiple 72:19 ‘multkfaceted 749 — Naaaaees 8:153316,19.21 aanin2aae 3441323 364 35:17:22 36:44 3622 ‘name6:16 12:25 2020 463.912 72 ‘named 2422 Nancy 2:0 3228 ‘ara national 16:5 ‘e817 pation’s 145 ‘natural-bom 122 necessary 20:5 eed 16.16.14 “e:a7 25:19 2089708,18 2923321621 dete atze 4410.17 4710 ane needed 325 43:19 feeds 4 20, Nel 225.65 eutral 27:18 aver 113,19 ate new 9'5 10:21 “169 48:16 newest 5:12 NNG39 noble 1321 142 North 13:4 Northern 16:2 Nonhwest2:16 note 28°565, notebook 20:21 hoted 36:0 notice 721.20, noticed 42:18 fotices 71 fruclear 5:24 ude 16:17 umber 76 14:19 M420 1716 19:22 497 5321 numerous 38:2 ° oat oath 123.46 "6:11 326 cathe 209 ‘obey 12:11 ‘bjt 26:16 27-10 Bra.41 2821 2522'31 obligation 16:10 "onl a76 obtain 10°15, ‘obtaining 1711 on ods 30:3 offer 16,20 817 463,42.16 4616,19.4825 4825 offered 164 346, offers 4419 offes 216 16:10 22:20 2595 30:19, gota zet1.t2 dong. at sett officer 23:4,16,18 42 4821, officers 12:12 officals 16.10 329, 0h 39266 36 488 5119 okay 6:19 710,22 891314928 913,17 2023.25 1123 i612 2636 33:17.97 341,425 35:22 3523 37-1421 39:19 40:10 4017 4220.24 43:23 44:8 45:15 483.4721 01a 131652" ‘omissions 21:4 ‘once 1255-26:18, 36°18 50.8 jones 11:25 1224 one's 21:3 ‘ongoing 25:17 2 open 48,22 61 30:22 4419 466 i939 opening 33.4 a2 operations 67 "2528 opinion 2113 1522 opinions 50:8 ‘pportunity 4 “hors 2503 4210.16 40-16 oppose 51:17 oral 323 ‘order 11211 1217 "2120 39, fons orders 12:11,12 328 original 625 eriginally 1720 overall varnignt 13:16 Paar an package 35.6 age 2.9 2018 ages 53:7 palra':3 pairs 22.2 pangs 11:14 Dantios 28:2 parade 31:23, parallel 163, pardon 35.10 arent 3:8 parents 36:12 3719 pant 75 23:20 37.1238:18 ular 35:13 artos 10°15 partner 4:11 partys24 17:14 asses 51:17 paying 44:22 peace 29:12 30:11 Pennsyivania "6:4, 16 people 11-13 515.258 203 6 Level Three Aopea! Hearing 2925.200,11 permissible 36:8 Permission 22:21 2393107 permit 368. Permitted 21:12 persisted 14:18, persisting 4021 arson 18:15 2777 "orn3.14 391 28:18 personal 20:9 25026456 personally 12:18 Pertaining «2:7 Phone 1519 16:17 Wei 24 179) 20:28 208,714 23:18,19 243.14 2428 26° 90:10 317.8,93825 35:1 967.15,00 3728.18 3813 3814,16,17 30:1 402414427 aat0asaaze 4423454 phones 167,15 2ro3247 221022 3421 s889,11 3822 Reve Physical 37:25 518 pictures 1617.19 "1620:30:25 place 1335 143 3012.40: 593.9 plaintiff 19:9 34:9 a2 45312, 4633 pleading 16:1 lease 5:16 6:17 19920:16 30:8 49:8 50:1223 5116 pledge 5:14,16,18 519 point 153 162,21 “a7.9374 49945:11 48:25 police 23:19 242 STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5939 2379 GUS THOMASON ROAD, SUITE 100, MESQUITE (OALLAS COUNTY) TEXAS 75150 ‘12072010 243,142425 25190719426 fez polices 44:17 polieyS7 247.17 367 50.24.24 5168 poor 1724 25:8 position 30-4 36:10 positive 10:11 possession 21:10, 222 possibly 14:8 Posted 47 522 potential 44.24 Poured 18:21 Practicing 44:12 79 pray 415 154.7 Drayer 18:12 329 ropared 23:20, prescription 27:13, resent 2:22 45, presentation 7:10, "22.25 «3:0 presentations 9:3, Presented 918 11 812223 presenting 63,21 presents 21:11 rosorve 11:7 ‘328 resident 410,11 n21t 328 4999 Pretty 30:9 provious 51:24 Pelee 147 Priccloss 147 Principal? 21:28 2812 principals 2:12 ‘378 principal's 39:21 Principles 14:4 Prior 2255 23:8 "2219 privacy 1759.13, "281.7 29:3 3422 351,12 private 16:15, Privileges 13:16 "388 proa7.9,16 86, Probably 721 18.6 28:12 3521Board of Tastes ving Independent Schoo! Distt 4215 problom 2521 Problems 29:14 Procedure 50:23 Procedures 2620 Procweded 22:16 Proceedings 124 5213838 process 173 ‘pate 39.25 402 ant 211328 progress 416 308 prohibit 206 prohibits 25:11 roject 14:16 Property 17:2,22 Property 17:3 propose 46:7 prosecute 48.59 Prosecuting 48'5 Protaet 1124 W317 149,04 298.20 2236 proteciod 29:25 protection 15:18 15:23, proud 14:2 18:14 provide 244 ‘028 provided 23:11 "3516.19 public 10:23 43:7 pull 30-15 Pulled 5:28 15:10 “ett Punished 31:10 purpose 1221 pursue 23:17 pursuit 11.8 22-12 pushing 1114 putat 9274 0:2 ating 19:7 pezio pmas4o12.12 5213 ualified 139 question 11:18 "27 13:20 18:17 195 3295, 32:18,2220:28 40:8,2042:625 a5 questioning 37-11 Questions 5 3213 9828 120 4022 401517 quisss uite 25:5 Quorum 45 faiee 91:16 Ralph 2246323, 18:28 20.20 40:22 catty 11.23 reach 9621 ead 18:9 10:28, "38:17 40:22 429 3515 reading 20:25, real 20715 fealze 13:19 “16 really 10:5 17:20 20'10 29:12 Sot. t2 S1is.i0.8 45:2148:19, reason 23:17 3910 408 41:2 Ra reasonable21-16 "2202813 26°28 2625272,15,18 Ber 3425, 2607.19, 30:18:19/20,20 30:21,22.28 31-1 314.6 45:21 467.848.17 reasonableness 18:20 reasoning 28:3 reasons 27:2 Rebeca?" 26 fecants 38:8 Fecalved 625 "O20 receiver 35:11 acess 49°17 recite 2020 recited 578,20 "24 recognizing 2213 ‘recommended 289 record 7 49:25, ‘srt recruitment 12:5 Redding 27:3.22 2820 reduced 1119 "2015,15 reference 22:25, 377 references 2233 ‘fering 39.13.20 ofuge 38.24 353, Rog 53:19. rogard 1918 regarding 20:22, "Pea 407.20 518 regularly 50:25 ‘ogulations 12:13, ‘lated 20:22 2322 25:16 ‘lating 23:25 ‘lationship 22:7 26:1721 35:1 telationships 25:7 feleases 26:10 Folio 6:5 28:8, Felinguishing mn remain 9.16 Femaining 9:15 ev remember 19:9,10 277 2651 38.21 3120 37-7 REMEMBERED 120 render 50:25 ‘epeated 30:23, replied 1312.21 fopor 22:18 30:22 40.11 413 reported 22:10 feponter77 53:4 reporters 35 epresent 16:5 ‘352 4718 representatives os 7 Level Three Appeal Hearing representing 10° request 524 "2648,23 «0:14 4024 requested 2222 at requesting 6:5 Fequests 25:5 3518 require 50:16.17 Fequired 12:321°9 reread 47:16.22 research 50:18 resolution 255 resolve 19:19 435 238.463.4459 45913 resolving 46:10 fesources 14'4 respect 33:3 338.21 fespond 37-1022 response 45:4 responses 72 fesponsibilties 28 responsive 25:23 "200 rest 40:15, Festate 516,19 restul7 fesult 23:16 25:37 25:17 return 24:14,29.28 foveal 21:13 22.24 Fevealed 216 22" "2524 revealing 23:22 fewenues 2124 review 1811 267 "2618.21 98:16. 4925 right 89.117 0.25 18:16,18 18:2526:10, 2718 288208 508322338) gato 36.1722 34.23 35.20.21 3622 4115425 ete 474 480 49135116 fights 10:4 11:22 1222 1314 1451 15917458 STEVEN H, GENTRY & ASSOCIATES, INC. (214) 321-5333, 2879 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150, 712072010 s9s2itz4s. 285 2023 35:16 4523463 risked 1110 Fisking 1920 Road 8320 Ronda 2’ 50:9 room 15.138:10, 32°25 40.10 round 26:12 files 20:447:12 “48:10 524 ruling 28:4 ‘unning 30:13 “012 Russia 29:15,25, ss shia sacrificed 11:19, Seerifices 13:24 4:28 152.209 sacrificing 13:8 Safe 25:13 Safety 218 25:12 Safford 27'3,22 sat 425 48:4 Satistactory 26:4 2522 save 15,16 9:1 saw 3:18 Saying 2913.21 0713 says 20:10 37:3, Sealia184 Sears 14:20 Scheduled 24:17, ont scholars 24:10 school 3.214 4:416,28 66 15:12 16:10 esd 204.28 2118 2242318 23:23,25 25:19 2785.20.20 549,10 3878 39522 schools 1:2 6:4 2021 21°12 289 507) schoo''s 25:10 479,16 40:6 SEALS3:11 search 12°18, "5:18.19 16:12Board of Trustoes - ving Independent School Distt 18:1313,14,15 202321947 2210.22 236.16 23:21,232829 2rioi.t418 272528283 2918;1821.22 S047 307 355 ai searched 15:11 222 ‘searches 17:1 ‘Searching 16.17 Tri3 278,28 searchs 26:12 second 50,7 ‘Beconded 56:8 ‘Secretary 723 ‘secure 254 00822 1420 ‘3428 seoing 377 51:12 seeking 254 Seen 1619 ‘olae 25:79 Solzed 23:7 63:25 ‘Seizure 20:23 24:3 26:18,15.16, seizures 171 2812 sethexplanatory “S010 send 18:5 19:33, “3513 ‘sender 3536.99.11 Sends 178,8 20:8 sense 42-12 Sent 19:18 38:25 3815, ‘separate 28:14 ‘Separately 22:21 ‘Separates 23:24 Series 20:22, Serlous 421 10:7 "19.9023 40:12 469 48-1 seriously 33:3 wea services 50:20, Session 61 21:22 “068 set 1222 169 18:15.16,17 208 39:15539 setting 39:10 settle 5:6 19:13 19203424315 4492 4517 aoa a724 settled 2:18 Settlements 19:15, setting 33.19 even 31:17 523 328 severed 22.7 Sexually 40:13 ‘share 12 shetla2t short 10:6 Shorthand 53:4 shoulders 29:19 sieagt28 Significance 33:17 ‘Similar 19:8 simple 3:10.13, implost 19.25 Sincoraly 154 Single 10:12 203 39 2179.28 46:3 ait3e:10 46:24 529) siting 6:47:23 {oeo 154.202 203) situation 41-1 Social '17 23:1 ‘older 12-7 Soldiers 12:16 sole 1221 solemnly 127 "a2 somebody 10:13 00n 309 Sony9:11 269 “2021 Sotto 10:25 3228 at sought 24:5 36:20 soul 1438 South 13:4,21 ‘spoak7-20 9:4 20:11,38 29.12 30:11'50:10, speaking 20:16 Special 20.20 Specific 9:12 araT specially 33:16 Speeches 45:20, Spence 34:20 spot26.10 Square 20:1 8RO 2213 23:46 2316.18 staf £25 5:7 97212418 2514 31.16 staffs 21:1 Stand 515 10:13, 13:28 30:1 standing 21:22 3516 stands 49:13 51:5, ‘start 20:16 307.29 3025 337 started 33:11 State 123 17.2 2915.15 499, 4711 4810 53:1 535, stated 5356 ‘Statement 334 oa7 1968 28:18,1021 31:4 S12 3500 38:15 39:1 44:2 statements 318 375 385.12 states 1110-18 "29,1213 18:16 205 274 327487 status 2412 statute S018 Statutes 1717 ‘ararze stop 3324 Steven 5319 stop 875,17.25, 17 30.28 street 30:28 Stricken 26:19 suip278 ger 419 ‘student 21.25 2251%,24,20.25, 233 248 1322 2547 3611, 5924.40.12 arta a2 students 420.25, 32617.2421°5 21:10,15.17 223 2e7.18231221 25:24 25:2 553792 Bet3 ate7 422 8 Level Three Appes! Hearing student's 1622.23, 7628 stuf 0:14 subject 18 Submited 76 Subscribe 249 Subsequant 24:10 jostantiate 2822 ‘substantiated “228 sue016 sued 199 Suffering 1:14, Sufficlont 43.22 Suggested 42 18 suite 21117 22'13,26 53:20 um 714 ‘Summarize 21:23 ‘summary 40:22, ‘318 ‘summer 52.7 ‘Superintendont 125 2021 ‘SUPERINTEND. 39 supervised 17:22 ‘Supplied 132 ‘supply 13:2 ‘support 12 ‘Supported 26.18 supporting 7:1 Supreme 1520, 27410288 sures19 26:19 29:2 336-345 seta dere ‘surroundings 3819 suspicion 21:17 2513 26-28 Dra ata suspicions 22:4 Swear 27 14:12 iz 38 tabie6:13 (ables 32.14 tablets 27.6 take 14:11 1622 1623.26172 1873035393 435 48.2324 taken 1112 309 STEVENH. GENTRY & ASSOCIATES, INC._ (214) 321-5933 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150 7202010 24 41:25 40:11 ‘402 tlk 20:12. 4787.7 4747.2048:14 4811114.18 492 talked 321 talking 43:13 ‘3827 tam ies tach 144 teacher 30:5 teachers 56 teaching 183 tearia's fechnology 21:11 ‘Telephone 53:21 01725 30:11.12 39:17 4613 4824 tolls 39:5 ‘Tenement 30:1 terms 26:17 terrorist 15:18 terrorists 15:17,21 test 30:16 testy 3:11 testimony 38:7 a5 4023 Texas 123.24 2a21748.8 5:14.19 16:2 io12499 801 535,20 toxt 16:15 177.14 22:24 23.10.22 2834 30:7 2030 3425 35:75 3621 38:17 texte 17:8 38:12 thank $9,14.16 5969 8:21 9:17.19:2025 1or136 14514 15 20:12 20:13 26:28 26-1 262:32.0,11 33.236:4,13, 35:28,25 9622 411718 42.20 ‘thanks 31:22 015 thing 3:11 19:25, 12825 50:16, 5113 things 6:15 10:11 3313 458,19.Board of Trustees - ving Independent School Distt 4320 think 7:7 10:12 "39.12.1229 19.22 199282 28:3 208 335 35:22,23 385 308 420407 a4 sot812 517,14 Third 36-16 ‘Thomasson 5320 thought 32.29 threat 31:1037-7 37:18,20 3811 8028 threatened 2211 zaiie 4190. threatening 1522 threats 2515, three 110118 2is14 2420 425 Tim 4528 time 71,28 98 320 101.24 1352219204 30330417 38:20 4225 4522 85.25, 50.20.25 514,10 times 14:18 2525, "358 38.2905 tipped 27:6 tired 14 204 today 105.118 1214-22 1841 15:10 18:28 208 298.3021 4723 told 30:4 49:5 tonight 49,21 5:13 62,0 31:20 493 4820407 529.1% foal 7013.13, Tower 210 {rained 17.21 transcript 53:8 Wwansfer 2413.22 translated 17:20, translates 28:4 Wansmited 40:14 tied 1:10, teviaized 14:25, troubles 2520 tue 1210 536.7 Trusteo3,14 512.1521 6:12 8:18 1024 7-19 722823710 8:98,15:19,38 92,10,14,17.8 9:28 10102325 19220:13269 265,79.1214 2eteaeti.16 a217.19.2021 52.28'388,17.23, 3814.13.23 354.1722 36:1 3541472.2525, artaarat er 30:17 40534.10 4020 481547 4t0.21,22.29, 42:48,18,20.21 4223.20 454.3 451923 440 491.545,13.19 4921,225057 508,10,12,13.22 5179820578 Trustees 11.22 a4 wey 1815 20:18 trying 36.20 37:12 ‘a8 37 457.13. 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(214) 321-5333, 2579 GUS THOMASON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150 702000 Wells 2:10 went 13:19 1417 8:20 2213 279 3125 30:11,.21 4051.28 West 122 2:1.18 well 71686018 $12 we're 49 10.20.28 $591718.19 1924173119 3149203738 37194525, weve 77 186 19:21 31.2 44:16 Whoa 1622 Waite 4:25 48:19 win 20-1 48:12 ‘wisdom 422,23, cory wit 26 Woman 12:2 Women 18:0,25 Wonderful 10:2 word 2625272 words 20°11 27" work 146 26:10 world 135522 12 worth 13:20 18:23 3:23.26 35.21 4524 Wow 18:20 ‘wrapped 14.25.28 write 2:7 203,36 308 writing 28:5.5,26 20 weitings 28:23, yeah at7 3122 3113 yoarst:21 Years 4:18 10:4 "136 30:331.25, 32 4412 yesterday 51:2 Young 131.8 258 275 2831 39:3,Board of Trustees «ving Independent Schoo District Sov $418.21 4274.38 4910.12.18 5123 181284822208 29:23 so 19:22 437 0083:20, 1143510 455,15, ‘ae 47:23, s22017 s2is10853:19 14820 1456 265 4e72h e600 28718 1698237 s981921.230:14 915.1621 19853:19. ieeeeaan 27ig2sagi6 25:22 43:12:19 ‘and 20:24 2:1 "25:3.11,19 39:20 5123 203.486.18136 "28 S813 20th 1:20 45 Matt 200,10: 20:3 2010 1:21 20:28, 221 28847 2519021 aa2i8 24321-5339 521 225104 237953.20 43:20 514 sas 3079:1213,1425, 8:12 20.8 353124 aoe 3989017 218 ton 13, ‘th 16-1025 28:10 2611 = an727 00812 S121) S207 5335 S149 S045 6260820 0602:11 aoeyanse 1310 T3140:412 1384012 Taso 75062123 2-12 175180 53:20 75220217 794853:18 a soon aro.sass 212 somes a33 grz232 STEVEN H. GENTRY & ASSOCIATES, INC. (214) 321-5333 2379 GUS THOMASSON ROAD, SUITE 100, MESQUITE (DALLAS COUNTY) TEXAS 75150, 10 Levet Three Appeal Hearing “re072010Board President Jones and Board Members: Before you is a notebook containing documents related to Mr. John Beaird’s Level Four Appeal regarding the search and seizure of his daughter's cellular telephone by MacArthur High School administration on April 2, 2010. It is Mr. Beaird'’s contention that the campus staff actions violated his daughter's constitutional rights with deliberate indifference which implies “a conscious or reckless disregard of the consequences of one’s acts or omissions.” The student initiated conversations on that day revealed past relationships existed between them creating a web of accusations which were complex yet for the safety and well being of all concemed required further interviewing and included the search of all cell phones in possession of these students. The infusion of technology presents challenges for all districts when cell phones are permitted in schools; however, the provided statements related to this incident in my professional opinion does not reveal that the campus staff was indifferent to Mr. Beaird’s daughter or the other three students involved that morning. Administration did have reasonable suspicion to believe a search of all student cell phones would uncover evidence of a ‘school violation and/or a criminal violation. Mr. Beaird disagrees and has put the ‘campus administrators as well as Administration on notice of his intentions to file a lawsuit; however, the exhaustion of administrative remedies is necessary before obtaining his standing to file federal court litigation To summarize: Vice Principals Dionn Dahl and Rebeca Henriquez were individually approached by two student couples seeking assistance on the morning of April 2, 2010. Ensuing conversations with the student couples by each of the vice principals revealed there was some type of connection between the pairs. In addition comments from the students created concerns that a) a gun may have been brought to school;b) suspicions that one of the student couples had knowledge of a car keying incident; and ©) the discovery that harassment was occurring between two of the individual students due to a severed friendship. Based on the professional experience and inferences gleamed from their initial student interviews Ms. Dahl and Ms. Henriquez believed there was reasonable cause to conduct a search of each student cell phone as well as the car reported by the threatened student to be harboring a gun. As the two vice principals collaborated in pursuit of the truth Ms, Henriquez summoned SRO Officer Howman to the administrative suite recognizing the threatened student was involved in an unrelated gun investigation just a week prior, Ms, Dahl and Ms. Henriquez proceeded to investigate cooperatively in pursuit of the facts because it was a mere coincidence that the two pairs of students happened to report their concerns at the same time not expecting that they would find themselves in the same office suite, Each student was interviewed separately and in each occurrence student permission was requested to search their cell phones for related text messages which they voluntarily granted. The text messages did not reveal any reference of a gun by any of the students. However, itwas confirmed there was a social connection between the student couples as well as knowiedge of the car keying incident. In addition, Ms. Dahl discovered references to illegal drugs which she reported to SRO Officer Howman. Ms. Dahl conducted the ‘search of Mr. Beaird's daughter cell phone for text messages which was ultimately seized by SRO Officer Howman as evidence to the keying of the cars. Prior to doing such Ms. Dahl asked Mr. Beaird’s daughter for permission which she granted and asked her for assistance in accessing the text messaging file which she provided, Based on her conversation with her colleague Ms. Henriquez, and the involved students, Ms. Dahl believed there was reasonable suspicion to believe a search of his daughter's cell phone would uncover evidence of a school violation and/or a criminal violation. The result of the search gave SRO Officer Howman reason to pursue the confiscation of the cell phone. The process by which the SRO determined the need to seize the cell phone is viewed as police matter which will not be part of my preparedcomments. Search of the other students followed revealing no text messages were found relating to a school violation and/or criminal violation. Mr. Beaird has taken exception as to the manner by which the campus administrators and police officer conducted the search of his daughter's cell phone and its seizure by the police. Mr. Ladewig’s Level 2 ruling was unable to provide satisfactory relief for damages ‘sought by Mr. Beaird found within his Memorandum dated April 7, 2010, The Level Two decision issued by Mr. Ladewig included «Review of policy FNF (Local) Student Rights and Responsibilities: Interrogations and Searches, make recommended changes and prescribe subsequent training for campus administrators as appropriate. © Conduct an investigation into the actions of the administrators involved in the incident. * Direct the campus principal to review the status of the named transfer student currently in place at MacArthur. «Make a request to the Irving Police Department for the return of the cell phone belonging to Mrs. Beaird. The Level Three decision was as follows: To uphold the Level I ruling issued on May 12, 2010. Hence, Policy FNF (Local) is scheduled for review by appropriate staff ‘An investigation into the actions of the administration involved was conducted. However, an issue related to job performance is a personnel matter and by law is confidential and will not be discussed. Review of the named transfer student is a confidential matter and will also not be discussed. A request for the return of the cell phone was made to the Irving Police Department and has been denied clearly making its return a police matter.Other than the loss of the cell phone there have been no additional consequences associated to Mr. Beaird’s daughter as result of the April 2°° conference, Regarding Mr. Beaird’s Memorandum seeking a resolution and damages his requests far exceed the authority of this office and in some cases are viewed as excessive. The events leading to this appeal involve relationships gone bad due to poor choices and decisions of four young people allowing personal feelings to interfere with the campus climate in a way which caused a disruption to the school's learning environment. The circumstances presented the morning of April 2" brought cause that not only the safety of the students was at issue but the entire student body. In wanting to maintain a safe and secure environment whereby learning can take place the campus staff took action to confirm the believed threats and addressed each one. Police charges related to criminal mischief have been filed as a result of this event while the on going harassment between the student couples has ceased. Mr. Beaird contends that when his daughter reached out she was ignored by campus staff which is quite the contrary. April 2, 2010 was the first time MacArthur High School administration leamied of his daughter's troubles and campus administration did address the problem. While the relief provided at Level 2 is not satisfactory for Mr. Beaird it is deemed responsive to his concerns and brings an opportunity for Administration to improve the daily operations of the campuses in what at times can become complex.‘Termination of Dahl “for cause” 4. Termination of Howman ‘Yor cause”. 2. Full investigation and report on all the conduct of each of the Defendants as set forth herein conducted by the District or applicable oversight body. 3, Discipline imposed upon all parties upon completion of said investigation for matters {ound in violation of policy, administrative code, statute, or Constitutional rights. Full investigation, punishment, and expulsion from MHS of the Perpetrator. Damages resulting in M.B. in the amount of Seven Million Five Hundred Thousand Dollars ($7,500,000.00). Damages resulting to Mrs. Beaird in the amount of Four Millon Dollars ($4,000,000.00). Any and all attoreys fees, costs of court, cost of investigation, which may be incurred ‘or have been incurred to date, pre and post judgment interest of any judgment at the highest legal rate allowed by law, all costs of any appeal, motion for new trial, bill of| review, or other post-judgment action as may be submitted postjudgment by the Plaintiffs, M.B. andlor Mrs. Beaird. 8, Return to Mrs. Beaird, Mrs. Beaird’s cell phone identified as (1) Black Samsun Finnesse, and as unlawtully seized by Dahl, Howman, the District, and Irving, 9. Public oral apology by each defendant named herein made to Mrs. Beaird and to M.B. ‘as well as a corresponding signed written apology by each defendant named herein, made to Mrs. Beaird and to MB. 10.Any and all other relief to which may be provided to M.B. and Mrs. Beaird by any authorityECEIVE| JUN 15 2010 ) THE LAW OFFICES OF JOHN ALLEN CURTIS- 3701 W. Northwest Highway t Suite 169-B Dallas, TX. 75220 JOHN BEAIRD ‘mat: LMSLawaemalLcom “Hes June 14,2010 bia RIEX He a s lnving ISD Schoo! Board, President clo Dr. Neil Dugger Interim Superintendent Irving ISD 2621 W. Airport Fy leving, TX 75062 eat Dr. Dugger: ee ete wn soi rtm ne Tho toil Caan Sameecretic ns araer sitet sont amar or ty moet oa soe Ths gee inte ine tan; ie Wel eet Sonat, Toa fie atthe ee ay th a aS Prete pa err spi emitter foal compe as Snclecendocianioaicy aise a ime ctmen None of the propoved resolutions to mv complaint ss set forth_by Mr. Ladewig or ‘subecquentiy by Mr. Dugger, in both Responses to mv apocal of the Level 3 denial have taken lace I cominue to suffer ongoing damages as do members of my family. Moreover, the proposed resoltons by Mr. Ladewig andor Mr. Dugger fal far shor in any manner io eslve this mir which ‘rimariy concerns the gross infringement of numerous “clear established” Constaionl his that ‘were violated asset forth within the Memorandum of the Complain submited atthe Level 1 stage Furthermore, my wife and Ihave been deprived of, and had unreasonably taken, property (cell phone) without due proces of value in exes of $1,000.00, and continue te pay for monthly cell-phone bill on ‘hat phone forthe last several months in excess of $100 per month. Because this mater ofa serious nature, the damages significant, and the rights violated are significant and clearly extablished Pederal and Sate Constitutional rights, proposed setlement by Mr. Ladewig that is void of significant montary compensations fr such damages is not only unacceptable, but isu the very dignty of those fathers, sons, daughters, husbands, and wives who have given thet lives forth sole eause of defending those ‘rights that sets our country and people apart from every other country in the world. This is especially exgeaious considering that tes Fights we are Speaking of hat have been erepouly violated, have been violated with deliberate indifference by the very institution and entity that is tasked to teach these amie rm ne neat B=‘Time is ofthe essence, I shall expet full adherence to a processing ofthese administrative remedies. ime constraints in your completion andLEVEL FOUR APPEAL NOTICE “To appeal a Level Three decison, or the lack ofa timely response after a Level Three conference, please fil out tis form completly and submit iby hand deliver, fax, or US, mai {o the Superintendent or designee within the fme established in FNG(LOCAL). Appeals will heard in accordance with FNG(LEGAL) and (LOCAL) or any exceptions outined therein 1. Name _JOHN BEAIRD, JOHN BEAIRD AS GUARDIAN AND NEXT FRIEND OF MLB, (a minor, ‘and AND VONESSABENRD 2. Address _JOHN BEAIRD, LAW OFFICES OF JOHN ALLEN CURTIS, 3701 WEST _ NORTHWEST HWY STE 169 DALLAS, TX75220 Telephone number (214 }-329.0017 (ol, (214).985-9828 (c) 3. Campus __MacArthur HS. 4. Iyouwillbe represented in voicing your appeal, please identify the person representing you. Name __JOHN BEAIRD andior JOHN ALLEN CURTIS ‘Address _ SAME AS ABOVE a Telephone number: ‘SAME AS ABOVE ‘5. To whom did you present your complaint at Level Three? _NEWL DUGGER and RALPH DIAZ Date of conference 96.06.2010 Date you received a response to the Level Three conference ves 6. Please explain specifically how you disagree withthe outcome at Level Three. FOR _ALL ‘COMPLAINT. sTE_BY_REFERENCE HEREIN Ht ‘SAID ‘AND ALL Sur TH ALL IRVING i 7. Do youwant the Board to hear this appeal in open session? _YES__ Pease be aware ta the Texas Opon Meetings Ac may prevent Te Board rom grating @ request for open session. ‘8 Attach a copy of your orginal complaint and any documentation submitted at Level One ‘and a copy of your Level Two and Level Three appeal notices, INCLUDED HEREIN 9. Attach a copy ofthe Level 3 npe-being appealed, applicable. INCLUDED J q ee amemonrll ffCERTIFICATE OF RECEIPT and (CERTIFICATE OF SERVICE, JOHN BEAIRD, certify that I placed this filing postage pre-paid via Federal Express delivery, for del ee day of une, 2010 iy riesostcimetran 2 Dr. Neil Dugger Interim Superintendent Irving ISD 2621 W. Aispont Fwy Irving, TX 75062THE LAW OFFICES OF JOHN ALLEN CURTIS 3701 W. Northwest Highway t Suite 169-B Dallas, TX 75220 JOHN BEAIRD 214.329.9017 ral: LMSLam@emai.com Fax: 866-581-9501 Jame 4, 2010 V4 PIEX HE G7 46 9), "Wes —~ Irving ISD School Board, President 28 co Dr Nel Doses Stein Superntedet ving ISD 2 W. Aor Fy Irving TX Tez Dear Dr. Dugger: In order to finalize the exhaustion of administrative remedies as are availabe in Irving ISD in ‘order to obiin standing to file federal cout ligation, I hereby appeal the enclosed Level 3 Complaint ‘denial of requested resolution tothe Board, at Level 4. Should this matter aot be quickly resolved, this ‘willbe litgated in federal court asset forth in the atsched memorandum of complaint, to which I will ‘asset liability upon Irving ISD, ving Municipality, Irving PD, as well as individual liability, as applicable ina 42 U.S.C. § 1983 action, for multiple violations occuring with deliberate indifference to clearly established constitutional rights, inter alia causes of action, occuring from umwriten and/or ‘rien common custom, practices and polices ofthe district and municipal authority failure otra, and {allure to supervise. None of the proposed resolutions to my complaint as set forth by Mr, Ladewis_or Bi subsequently by Mr Dugger. in botb Responses fo my appeal of the Level 3 denial have taken lace. T continue to sufer ongoing damages as do members of my family. Moreover, the proposed resolutions by Mr. Ladewig and/or Mr. Dugger fll far short in any mannet to resolve shismalier which primarily concers the gross infingement of numerous “clearly established” Consttatonal rights that ‘were violated as set forth within the Memorandum of the Camplaint submitted atthe Level 1 stage. ‘Furthermore, my wife and I have been deprived of, and had unreasonably taken, property (cll phone) Without dve process of valu in excess of $1,000.00, and continue to pay for monthly celk-phone bills on ‘that phone forthe last several months in excess of $100 per month. Because this matter is ofa serious ‘ature, the damages significant, and the rights violated are significant and clearly established Federal and State Constitutional rights, a proposed settlement by Mr. Ladewig that is void of significant monetary compensations for such damages is not only unacceptable, but insults the very dignity ofthese fathers, Sons, daughters, husbands, and wives who have given ther lives forthe sole cause of defending those rights that sets our county and people apart from every other country in the world. This is especially ‘egregious considering that these rights we are speaking ofthat have been egregiously volte, have been Violated with deliberate indiference by the very institution apd entity that is tasked to teach these ights and the historical sacri in such rights to oar youth of today?‘Time is ofthe essence, I shall expect fll aderence to all ime constraints in your completion and processing ofthese administrative remedies. EnclosuresLEVEL FOUR APPEAL NOTICE To appeal a Level Three decision, or the lack of a timely response after a Level Three conference, please flout his form completely and submit it by hand delivery, fax, of U.S, mail to the Superintendent or designee within the time established in FNG(LOCAL). Appeals wil be heard in accordance with FNG(LEGAL) and (LOCAL) or any exceptions outined therein, 1 Telephone number (284 329-0047 fo), (214)995-8828 (2) 3. Campus Macarthur 4. Ifyou willbe represented in voicing your appeal, please identify the person representing you. Name ___JOHN BEAIRD andor JOHN ALLEN CURTIS ‘Address _ SAME AS ABOVE re ‘Telephone number (__)__SAME AS ABOVE ‘5. Towhom did you present your complaint at Level Three? _NEIL DUGGER and RALPH DIAZ, Date of conference 96.04.2010 Date you received a response tothe Level Three conference ves 6. Please explain specficaly how you disagree with the outcome at Level Three. ALL_THE LINED_IN_THE ORIGINAL COMPLAINT AND MEMORANDUM OF_SAID_COMPLAINT, | HEREBY INCORPORATE BY REFERENCE, ‘OF THIS FILING, AND ALSO ATTACH Hi THE ORIGINAL INT, ME ND ‘COMMUNICATION BOTH'TO AND FROM ALL IRVING ISD OFFICIALS, 7. Doyouwant the Board to hear this appeal in open session? _YES Please be aware that the Texas Open Meetings Act may prevent the Board from granting a request for open session, 8. Attach a copy of your orginal complaint and any documentation submited at Level One ‘and a copy of your Level Two and Level Three appeal notices. INCLUDED HEREIN 8. Altach a copy ofthe Level ponse,being appealed, applicable. INCLUDED —— Date offingCERTIFICATE OF RECEIPT and (CERTIFICATE OF SERVICE 1 JOHN BAIRD, crf ht I plead this Sing postage prepaid cyt nen pay en ee yf 201 rinmsintta rin 4 : Dr. Neil Dogger Interim Superintendent Irving SD 262) W. Aiport Fwy. Irving, TX 75082 Federal Express delivery,3701 W. Northwest Highway t Suite 169-B Dallas, TX 75220 JOHN BEARD 214-329-9817 Fax: 466.381.9501 Ensil: LMSLAW@GMAN.COM Le wll be’ Sacha thn 0 ORIG 2125 ero ina Bose” volar RE: To: The Formal Complaint and attached Memorandum made part thereof filed by MB. (name redacted as Wis a minor) by next of friend and guardian John Beaird, and by Vonessa Beaind, and by John Beaird, fled on or about April 7, 2010, on the matter ‘occurring on or about Apri 2, 2010 and all matters thereafter. “YOU”; The following parties collectively and individually (in both personal individual ‘capacities and in official capacities) are hereby defined herewith, and referenced herein, as "You": IRVING ISD, NEIL DUGGER, EdD; MR. RALPH DIAZ; MR. LANE LADEWIG, MS. CYNTHIA BEAN; IRVING POLICE DEPARTMENT; MS. ROBIN LYNN HOWMAN alfa ROBIN JUNKER a/k/a ROBIN YORK; CITY OF IRVING INCORPORATED, DIONN DUFFY DAHL; VICE PRINCIPAL HENRIQUEZ [sic]; ALL VICE PRINCIPALS AND ADMINISTRATIVE STAFF OF MacARTHUR HIGH ‘SCHOOL WHO WERE STAFF MEMBERS OR VICE PRINCIPALS BETWEEN THE PERIOD SEPTEMBER 1, 2009 AND THE PRESENT DATE; JOHN DOES NOS 1 ‘THRU 10; JANE DOES NOS 1 THRU 10; AND ALL PARTIES WHO HAVE READ, PROCESSED, REVIEWED, HANDLED, COME IN CONTACT WITH THE CONTENTS OF (EITHER ORALLY OR IN WRITTEN FORM, IN WHOLE OR IN PART); ALL PARTIES WHO HAVE BEEN MADE AWARE OF EITHER DIRECTLY OR INDIRECTLY, IN EITHER WRITTEN OR ORAL FORM, OF THE CONTENTS OF, PARTIAL CONTENTS OF, OR OF THE FACT OF THE FILING OF, the Formal, ‘Complaint, including all ofits contents, subparts, attachments, memorandum, related oral «discussions or conferences regarding same, that was filed on or about April 7, 2010, and 3s more specifically identified above. Page LottVIA FIRST CLASS MAIL; and VIA EMAIL DELIVERY TO: IRVING ISD and NEIL DUGGER, EdD on 06-04- 2010 price o 5:00 P.M; by emailing same to: www ndusec@icvingis.net ‘YOU ARE HEREBY PUT ON LEGAL NOTICE that you are in possession of material evidence which s subject o subpoena and/r discovery inthe above-styled and mumbered cause of action. Further, you are now, or may be, considered ether as «party to this case, and/or a material fact witness in this case. Destation, altation, or concealment of material evidence fiom this pont forward in any manner may subject a pary who destroys, alter, and/or conceals material evidence to severe legal ‘penalties. You ae strongly advised to sek legal counsel with regards to this Notice andl the potential legal penalties which could result for the destruction lication, f concealment of material evideace in ‘your possession or contol asi described witia thie Notice to you, This notice also advises you of the Please be advised that we belive electronically stored information "ESI" to be ‘an important and ireplaceable source of discovery andlor evidence. Accordingly, you ate hereby notifid to preserve all information fiom all of your personal and business computer systems, including nctwork systoms, servers, applications, e-mail systems, latabases, archives, backup or disaster recovery systems, tapes, discs, cartridges and other storage media, laptops, personal computers, and removable media in your possession ar the possession of third partes under your contol (such as an ouisde ‘vendor under contract) in relation tothe claims, defenses, and issues as are father deseribed below, @ ‘As you know he avs andes probing dextrin of evidence apply to ES] in hsm mae ey tte ne De oe oat ES sey fae todd o carted, Accordingly, you must take every reasonable step to preserve this Information unt the final resolution of this matter. ‘This incudes, burs not Kinited to, n obligation to: DISCONTINUE ALL DATA DESTRUCTION AND BACKUP. TAPE RECYCLING POLICIES THAT MAY RESULT IN THE LOSS OF ELECTRONIC DATA RELEVANT 10 THE CLAIMS, DEFENSES, AND ISSUE'S IN THIS MATTER; PRESERVE AND NOT DISPOSE OF ‘OR ALTER RELEVANT ELECTRONIC DATA, INCLUDING BUT NOT LIMITED TO, E-MAIL AND OTHER ELECTRONIC COMMUNICATION, WORD PROCESSING DOCUMENTS, ‘SPREADSHEETS, DATABASES, CALENDARS, TELEPHONE LOGS, CONTACT MANAGER INFORMATION, INTERNET USAGE FILES, AND "NETWORK ACCESS INFORMATION IN YOUR POSSESSION OR THE POSSESSION OF ‘THIRD PARTIES UNDER YOUR CONTROL RELEVANT TO THE CLAIMS, DEFENSES AND ISSUES IN THIS MATTER, PRESERVE AND NOT DISPOSE OF ANY COMPUTER HARDWARE CONTAINING ELECTRONIC DATA RELEVANT ‘TO THE CLAIMS, DEFENSES AND ISSUES IN THIS MATTER. YOU SHOULD beeen canna s eeIMMEDIATELY PRESERVE ALL ESI RELATING TO DOCUMENTS AND ‘COMMUNICATIONS MAINTAINED IN THE ORDINARY COURSE OF BUSINESS FOR THE EMPLOYEES, CONSULTANTS, AND PERSONS, AND IN RELATION ‘10 THE SUBJECT MATTER, LISTED BELOW: 1. Parties: 8) All parties as named above herein, including, but not limited explicitly tothe ‘partes a identified above as "You", 1) All support staff, representatives, and agents tothe custodians oc targets of data ‘dented above; (9) Any employee or agent, or other person acting fr, or on behalf of, yourself 2. Subject Matter: 4) Any and all past oe fate voice recordings, letrnic recordings, video recordings, vdeo revords, logs, reports, investigations, reviews (femal and informa), ocumesis, communication, ena, leery, scordings, writen nots ny other form of communication or information, cide eveved by you fom amy ofthe following parties, or sent by you to any ofthe following pats, or forwarded by any of the following partis, or forwarded by you of fo you by ‘upon, or Uasomited by, or received by yout anyone, o fom eayens fom the date of Ape 1 20100 al times in he fae ofthis dat, which cousins amy form of coat, referees, infened, or drcely, in any part of the ‘communication email, Jeter, recording, notes, investigation, ee re ml ohn Beairé, Yost Dae, 8 I 0H LN corm tat cote ace oes, ie capecy) ‘as “Your, the subject matter, in whole or in part of the Formal Compleat and ‘Memorandum as specifically identified above, and all follow up appeals reviews, investigations, o aiociated matters im any way (the Complain) and ‘5 Gled on ox about Apel 7, 2010, by M. B, John Berd, and Vonesss Beaid, the events giving rise, related to, relevant to, or in any way associated withthe subjet mater ofthe Complaint, or of any of the events surrounding the events ‘veurring on April 2, 2010 or previously, at MacArthur related in any manner, refereoced in any manner, or associated in any manner tothe Complain, events Jeading up to ssid Complaint; and all communications, documents, reports, ceetronic communications, recordings, data in any form, or any othet {information or communication to, between, or from, any of the parties identified above as “You”, or to any other individvals, parties, outside agencies, municipalities, government entities, law enforcement entities, or 10 any entity, or governmental unit, agent, agency, or body; 1) All reports, investigations, video and audio recordings, transcriptions, ‘lectronic communications, memorandums, reviews, minutes of any meetings, emails, or other documents, records, or communications, between the Sree nesawton hone Page 3of4period of Jan 1, 2007 and the present dat, related in any way to any of the subjet matter of the Complaint to search and seizare policies or practices, to (Constitutional (both Federal and Texas State righ, writen and oral reper of| bullying’, and any snd all communications of documents received by, transite by, and between any ofthe partes above identified above as “You”. Pease lt there be no misunderstanding this matter is very serious in natre and your obligation ‘fice Fale to comply wih his Legal Niet you could elt in vy serious legal consequences ‘Time is of he essence, please act cordingly. Ifyou have any questions about any ofthese matters please contact the undersigned. Sincerely, ‘BEATRD monnenet Page 4 of 42 anemp to Deliver ( IRVING i Independent Scbool District June 7, 2010 John and Vonessa Beaird 3701 W. Northwest Highway, Suite 169-8 Dallas, TX 75220 RE: MY EN Ga RANMA ian Scr001 Dear Mr. and Mrs, Beair: In accordance with Board Policy FNG (Local) concerning Student and Parent Complaints, the following document serves as a record pertaining to the Level Three appeal initiated ‘on May 24, 2010, on behalf of your daughter This appeal as understood within the correspondence is to fulfl the exhaustion of avalible administrative remedies in order to obtain standing to file federal court Itigation. The following findings reflect the appeal process regarding issues concerning the administration district policies andior procedures as it relates to student/parent complaints as a result of an imposed ‘consequence by campus staff. The appeal process is intended to determine whether the actions of the staff administered a decision which was arbitrary, capricious, or inconsistent with district policy. Upon review of the related documents and interviews with involved staff the following conclusions are noted. BACI -ORMATION Student 1g ni ice 1 EET con Bi eccr Oe oO rmparied by her boytiond (OA) went to ther designated Vice Princpal Rebeca Henriquez office suite seeking assistance regarding a personal matter. D.A’'s ‘emotional state was an apparent concern given his appearance of being distraught over an incident occurring the previous night._As Mrs. Henriquez proceeded withthe conference at the request of D.A. used herself from the room. During the ensuing interview D.A. revealed fear of being killed by a gun and he implicated a female student who he believed was holding a gun in her car parked in the student parking lot. In that a week prior this same student (D.A) reported a stolen gun being on campus, this gave Mrs, Henriquez reasonable cause to believe that a vehicle search may be in order so she summoned Student Resource Officer (SRO) Howman to participate in the interview. Coincidentally during morning hallway, another pair of students, female (M.P.) and male (LL) approached Vice Principal Dionn Dabi to report the keying of their cars and aeFequested thatthe security camera footage be reviewed in hopes of Kentiying the responsible individuals). Mrs. Dahl directed them to waitin the office sue while she ‘completed moring duty whereby they would continue their conversation. Further ‘conversation with the students revealed thatthe students visitng with Mrs. Henriquez had @ past relationship with M.P. and J.L. which had become adversarial due to issues ‘concaming boyfriends and the spreading of rumors. As part oftheir conversation with Mrs. Dahl the students implicated and D.A. in the keying oftheir cars prompting ‘Mee. ahi to visit with Mrs. Henrquez, ‘Mrs. Dahl joined Officer Howman, Mrs. Henriquez and student D.A. to further understand the connection between the four students. Conversations with Student DA entaled receipt of treating phone calls: existence of mass electronic messaging: and an on going feud between his girtfriend Jand M. P. giving cause for staff to interview: MAIER wel as the other studer confirmed the existence of electronic messaging as well as text messaging 2s alleged by DA.. pressed not being aware ofthe reason for DA's fear yet it \was something D.A dE not wish fo share wth her so as not fo cause her worry. Confirmation ofthe existonce of texting gave cause to begin the searching ofall the student cell phones. the fst ofthe students asked by Mrs. Dah she could View the phone to which ve the cell phone to Mrs. Dahl. With ‘assistance Mrs. Dahl scrolled cel phone for related text messages in the resence of MESINKas well as Ms, Henriquez and SRO Howman, The search affirmed ‘of an ongoing conflet between Myla and M.P. conceming rumors; references tothe keying of cars; a failed attempt to mediate between MINA and M.P. by M.P.'s friend 4; and reference to drugs which was noted to SRO Officer Howman by Mrs. Dabi. ‘Subsequently, a request was made to the other students to view their cell phones to ‘which each complied. ‘The interview of M.P, provided further clarification as to the on going feud between her rd MARI. ckrowfedged to sa that past behaviors towards Mig were inappropriate. Search results from M.P.’s cell phone by Mrs. Henriquez gave no ‘daltional information regarding the accusations in question while J.L's cell phone Confirmed attempts to mediate between the two former frends. The viewing of DA's cell hone suggested a purging was conducted tothe in/out messaging box adding no ‘additional insight. However, a received text message from D.A. to MERIAAPE cell Phone regarding the keying ofthe cars was found prompting SRO Officer Howman to begin a police investigation involving criminal mischief. In cooperation withthe ving Potce Department Mrs. Dah proceeded to rviw the campus video tapes while Mrs. Henriquez assigned M.P. and J.L. to In School ‘Scopenlon wil the invetigndon proceeded. Campus adrnisvaton coacted the pares of MR and D. Avro wore bo sort heme af amator fst. A police Interview was Mecucted by SRO Offcer Hownan wih MBM and upon srval Per mother as well, During this interview the parent was informed of the police investigation tnd that lage phone was being seized as evidence. Upon roicaon of ho 22stuation by Mrs. Beaird, the father, Mr. John Besird met with Principal Cindy Bean and staff fo protest the seizure of his daughter's cell phone and request that it be returned immediately. Mr. Beaird was informed that the phone was in police custody as part ofthe Police investigation. A receipt was requested by Mr. Beaird for the cell phone which was ‘rafted by Mrs. Dahl and signed. LEVEL TWO GRIEVANCE ‘On May 10,2010, Mr. Ladewig conducted a Levet II conference regarding Mr. Beaird’s ‘Memorandum dated 04-07-10 containing his complaints and the relief he was seeking. ‘LEVEL TWO RULING Mr. Ladewig’s ruling was unable to provide the relief for damages sought by Mr. Beaird ‘8 stated within the Memorandum, however, review of FNF (Local) Interrogations and ‘Searches as related to cel telephones; folow up with campus staff conceming student transfers; and a request to the Irving Police Department to return the cell phone to the family were noted within his response. LEVEL THREE GRIEVANCE ‘On May 24, 200, a Level Ill appeal was initiated by Mr. Beaird. LEVEL cm ‘On June 4, 2010, a Level Ill conference was held and present were Mr. Beaird, Dr. Neil Dugger and Ralph Diaz. No new evidence was entered. ‘+ On April, 2010, MacArthur HS campus administration received a report that a gun was believed to be on campus. ‘+ Campus administration alerted law enforcement regarding reports ofa firearm per Board Policy GRA (Local) entited Relations with Governmental Entities Local Governmental Authorties. + On April, 2010, MacArthur HS campus administration received a report of damages involving two student cars while parked on school property. ‘On April 2, 2010, MacArthur HS campus administration was made aware of two ‘female students having a contentious relationship. ‘+ Campus administration's investigation on April 2, 2010, resulted in reasonable ‘suspicion that a crime had been committed.‘+ Campus administration on April 2, 2010, conducted a search of four student cell Phones and one student car. ‘+ The car search resulted in no gun being found on school property. * tnupgteg Dperrert s hoking ax evidence he cel phone belonging to +The Inng Police Department has denied a district request to retum the cel phone. ‘+ MacArthur HS campus administration has addressed the relationship iesues between M@liitiBand ancther female student. ‘+ No schoo! disciplinary consequences have been imposed on MERIBas 2 result ofthe conference helé on Apr 2, 2010. (CONCLUSION AND DECISION ‘The review of the evidence regarding this appeal does not reveal that the MacArthur ‘campus administration was arbitrary or capricious in its attempts to resolve the issues: presented byte students on Apr 2016, Norwas there evcence fo suggest ha the af iter a a result the search and eeizure was fo vate student gh m wanting 12 Teaoive tse isos, The cnforences wih the helvual stents gave cause to behove thatthe saoly and wel being of both he campus population and nanicua stadeis were stk. The imehement of tho lving SRO Police Ontcarwas deemed necessary ‘Sczoriane to Board poy GRA (Loca whereby, "the itt shall work cooperatively wheel governmental shores including aw enforcaront agencies” In rogardsto Board Policy FNF (Local) the alignment of written policy with today’s pace of evolving ®S ‘technological developments as it relates to personal digital devices is a challenge for all ‘schools. This appeal brings cause for the district administration to propose revisions to. Board Policy FNF (Local) regarding cell phones to the Board Policy Committee for Consideration, Inthe end campus sa addreseed alates reported by te students and properly informed the parents. MAi§{ilfB has not had any schoo! imposed consequences Eseecited wih the conforonce held on Api, 2070 andthe retumn of her ell phone has Cleary become a poce mater. n moving foward the lgal case references ou nave provided as part of your appeal brings to light the complexity of the digital generation and will be a helpful resource in wanting to continuously improve the district's policies and procedures “Therefor, the decision i as folows: Touptod the Level ring aud on May 12, 2010, Best regards, Ralph Diaz, Hearing Officer Administrative Assistant to the SuperintendentRIGHT TO APPEAL ‘To appeal this response, you mus file @ writen notice of appeal withthe Superintendent ‘of Schools within ten days of receiving this writen decision, as the time limit set in Board Policy FNG (Local). The necessary forms are available in the campus office o in the office ofthe Superintendent of Schools during regular business hours. Ce: Dr. Nell Dugger Lane Ladewig (Cynthia Bean Enclosures: Board Policy FNG (Local) Board Policy GRA (Local)3701 W. Northwest Highway t Suite 169-B Dallas, TX 75220 JOHN BEAIRD 314329-9017 Email: LMSLAW@GMAIL-COM, Sune 7, 2010 Irving 19D Nai Dugger, Ed.D, Superintendent of Schools 2621 W. Airport Freeway ‘nving, TX. 78062-6020 RE: The Formal Complaint and attached Memorandum made part thereof fled by MB. (name redacted as it is a minor) by next of friend and guardian John Beaird, and by Vonessa Beaird, and by John Beaird, fled on or about April 7, 2010, on the matter ‘occurring on or about April 2, 2010 and all matters thereafter ‘To: “YOU”; The following partes collectively and individually (in both personal individual ‘capacities and in official capacities) are hereby defined herewith, and referenced herein, as “You”. IRVING ISD, NEIL DUGGER, Ed.D; MR. RALPH DIAZ; MR. LANE LADEWIG, MS. CYNTHIA BEAN; IRVING POLICE DEPARTMENT; MS. ROBIN LYNN HOWMAN alia ROBIN JUNKER afk/a ROBIN YORK; CITY OF IRVING INCORPORATED; DIONN DUFFY DAHL; VICE PRINCIPAL HENRIQUEZ [sic]; ALL VICE PRINCIPALS AND ADMINISTRATIVE STAFF OF MacARTHUR HIGH ‘SCHOOL WHO WERE STAFF MEMBERS OR VICE PRINCIPALS BETWEEN THE PERIOD SEPTEMBER 1, 2009 AND THE PRESENT DATE; JOHN DOES NOS 1 ‘THRU 10; JANE DOES NOS 1 THRU 10; AND ALL PARTIES WHO HAVE READ, PROCESSED, REVIEWED, HANDLED, COME IN CONTACT WITH THE CONTENTS OF (EITHER ORALLY OR IN WRITTEN FORM, IN WHOLE OR IN PART); ALL PARTIES WHO HAVE BEEN MADE AWARE OF EITHER DIRECTLY OR INDIRECTLY, IN EITHER WRITTEN OR ORAL FORM, OF THE CONTENTS OF, PARTIAL CONTENTS OF, OR OF THE FACT OF THE FILING OF, the Formal Complaint, including all of its contents, subparts, attachments, memorandum, related oral discussions or conferences regarding same, that was filed on or about Apri 7, 2010, and 3s more specifically identified above, Paget of 4VIA FIRST CLASS MAIL; and VIA EMAIL, DELIVERY TO: IRVING ISD and NEIL DUGGER, Ed.D on 06-04- 2010 prior to 5:00 PM; by emailing same to; www ndugsex@irvngiod. net YOU ARE HEREBY PUT ON LEGAL NOTICE tht you are in possession of material evidence which s subject to subpoeas andr discovery inthe above-siyled and numbered cause faction. Further, you are now, or may be, considered citer as party to this ase, and/or a material fact witness in this case. Destruction, alteration, or concealment of material evidence from this point forward in any manner may subject a party who destroys, alters, andlor conceals matral evidence to severe legal penalties. You ae strongly advised to sek legal counsel with regards to this Notice and/or the potential legal penalties which could result forthe destruction, aleation, or concealment of material evidence in eer Pssson rca a 8 dese within ts Notice o you. This mote lo advises you of he Please be advised that we belive electronically stored information ("ESI") to be ‘an important and irreplaceable source of discovery andor evidence. Accordingly, you ae Iheeby notified to preserve all information from all of your personal and business computer systems, including network systems, servers, applications, e-mail systems, atabass, archives, backup or disaster recovery systems, apes, dats, cartridges and other storage media, laptops, personal computers, and removable media in. your possession ar the posession of third parties under your control (such as an ouside ‘vendor under contact) in relation to the claims, defenses, and issues as are farther eseribed below. ‘As you know, the laws and rules prohibiting destruction of evidence apply to ESI inthe same manner they apply to other evidence. Duet its format, ESI is easily deleted, modified or comupted. Accordingly, you must take every reasonable step to preserve this {information until the final resolution ofthis matter. ‘This incudes, buts not mite to, an obligation o: DISCONTINUE ALL DATA DESTRUCTION AND BACKUP TAPE [RECYCLING POLICIES THAT MAY RESULT IN THE LOSS OF ELECTRONIC DATA RELEVANT TO THE CLAIMS, DEFENSES, AND ISSUE'S IN THIS MATTER, PRESERVE AND NOT DISPOSE OF OR ALTER RELEVANT ELECTRONIC DATA, INCLUDING BUT NOT LIMITED TO, E-MAIL AND OTHER ELECTRONIC COMMUNICATION, WORD PROCESSING DOCUMENTS, ‘SPREADSHEETS, DATABASES, CALENDARS, TELEPHONE LOGS, CONTACT MANAGER INFORMATION, INTERNET USAGE FILES, AND ‘NETWORK ACCESS INFORMATION IN YOUR POSSESSION OR THE POSSESSION OF THIRD PARTIES UNDER YOUR CONTROL RELEVANT TO THE CLAIMS, DEFENSES AND ISSUES IN THIS MATTER, PRESERVE AND NOT DISPOSE OF ANY COMPUTER HARDWARE CONTAINING ELECTRONIC DATA RELEVANT ‘TO THE CLAIMS, DEFENSES AND ISSUES IN THIS MATTER. YOU SHOULD Page 2of&IMMEDIATELY PRESERVE ALL ESI RELATING TO DOCUMENTS AND COMMUNICATIONS MAINTAINED IN THE ORDINARY COURSE OF BUSINESS. FOR THE EMPLOYEES, CONSULTANTS, AND PERSONS, AND IN RELATION ‘TOTHE SUBJECT MATTER, LISTED BELOW: 1. Parties 4 Al partis named above herein incoding, but not limited explicitly to the prs sented above "You", 1) All suport sta epresnntves, and ages to the custodians or targets of data ideatiid above; ©) Any employes ar agen, or cher person ating fo, oon bea of, youre 2. Subject Mater: 8) Any and all past or future voice recordings, electronic recordings, video ‘eerie, iso rca, logs repr, ivan, eviews (mal and any ofthe fllowing parts, rset by you to any of the flowing pris, or forwarded by any of the following parties, or forwarded by you, or to you by anyone, or tase by, orrctved by you to nyone, or om anyone, om ‘he date of April, 2010 oa mes in he ae of his dat, which conttns aay form of conte, relence, interes or ety, in any part of the Semcon cme Tring mt oem wa sing review, cf ober {pe of information, fo eer ‘ohn Bear, ‘ones esi, CO A GH 0, TA INU”, say party tha is defined sbov (dividual, coleeuvely, orn offical capacity) as “You”, the subject matter, in whole or in part, of the Formal Complaint and Memorandum at specie ientifed above, and all follow up appetl, review, investigations, or sociated marin eny way (the Complain), a {Sled on or about Apr 7, 2010, by M. B, John Beard, end Vencsa Bex, the events giving rs, rated to, relevant 1, or in anyway aiscited with the subject mati of he Complain, or of any ofthe events suounding he evets cecuring on Api 2, 2010 or previously, at MacArthur rated in any mane, teerenced in ay nie, of asocned in ay manner fo the Complaint, events Ieading up to shid Complain, and all communications, documen!s, repr electronic communications, recordings, data in any form, or any other information or communication to, between, or from, any of the parties identified above as "You", or to any other individuals, partes, outside agencies, monicialtis, government entities, law enforeament entities, oF to ay entity, or govenmental unit, agent gency, or Body; b) All reports, investigation, video and audio recordings, transcriptions, ocuments, electronic communications, memorandums, reviews, minutes of any meetings, emails, or ther documents, records, or communications, between the Page Bot 4‘period of Jan 1, 2007 snd the present date, slated in any way to any of the Subject mater of the Complain; to search and seizre policies or practices, to Constitutional (both Federal and Texas Stas) rights, writen and oral reports of “palling", and any and all communications cr documents received by, ‘wansmitedby, and berween any ofthe partes above identified above as “You” Please lt there be no misunderstanding, tis mater is very serious in nature and your obligation starts upon receipt ofthis Notice to you via electronic email of which a documentable receipt ofthe time ‘office, Failure to comply with this Legal Notice to you could result in very serious Tegal consequences, ‘Time is ofthe essence, please act accordingly. you have aay questions about any ofthese mates please contac the undersigned. Sincerely, JOHN BEATRD Page dotGmail - Level 3 Appeal Page 1 of 5 Grail LrvaxTon IT ee ‘Good Atemoon Mr. Beale! ly fice has ben waking en your Level apea. As pare he process ned hea your acount othe ctestanoes ted oer gear. My papose ft caracng yous schedule are al we cole ‘meet Upon checking your avatablty please contact my ofie to stele the appoiniment. Best regards, Ralph Diaz ‘Contact Information: Ralph Diaz, Adinstrave Assstant tothe Superintendent Ing independent Shoo istiet 2621 West Apr Freeway ning Texas E082 572-500-5005 wy 972.215.6003 Fax reaz@ininglednet ana: Taam n onal mesa egy pen ncn ani eae china ‘Scone Wiketyaraessoncd cent ie emat yorssenateee abo hance tee ccmak yar Seeroy np eval eng 72208 008, sano ‘itps:/mail google com/mail/Pui=2.ik~0ee? def59b Eeview=pt&-search=inbox.éthGanal - Level 3 Appeal Page? of 5 LITIGATION UNIT — ‘Wed, Jun 2, 2040 at 3:34 PIA To: Raph Diaz Ce Litgaton Management Sonices June 2, 2010 Dear Mr Diaz; Please bo advise that you have already missed the Polley Deadline which mandstos thts onfernce be held win 4 busines days ofthe Appeal Being recsved by you offcs. That dating Sire Pay May 22018 soe Apne ced by Fe Ex evry by You fe Ionaty ay 2¢ 2010. Please sete, Wok on tists "Akconaly, you Imnow faves dy to provde tote s-WitenRanpons tomy appeal ee ater hansbusnass days ‘or such “eondine ay” "date of conerene™ wich sh on at any. ey, ‘shersby such writen response deadine Gta forthe appealed wth te Su onda se’ vote. Woot recive a witen repenes byte dealine dete ef onde Jone 7, 0G Tauern yg ey sre mango cuett engb S ‘Submited se having Been danied nua: “Yalue fo repond wit te Geadine data Pedy pay an snes deomed a el, Youterafre ave Sun 00 roe Journ foponce to ma. Upon such lie to respond and my treting {owed by disse pty, then proceed mediately to 2 Laval «Appeal athe Board ss alowed, and ‘ech sel be moelaely Med forte ‘Astor proving you with ‘filets eduee question au alte formation thet’ Sdoquataly ad out ane forth nthe documenta Memorandum) submtd to you (he pritondan an ade part o white Love 9 Appa ion we recnva oy You on Monday 242040, Lod owen pit of om to meet his Frlday with the Superntndent in ‘iy wh tne aslonlspcion ht such conernce being ol on that date (abe ‘aratca it wnt star or moi the deadne tat ome os wien reponse of Monday Stina 7, 204. thats agreecia to you, nd by way oa mal and taal contre You trey acknovdege his requst ind arse nul hereto, hen you are welcome fo schedule {och contronce and cortact mato schedules mutual acoapable We. The best contact romber to reach meta on my cal at 49959828. Pl Regards, ct accordingly, time is ofthe essence. John Besled (atest ie IMPORTANT CONFIDENTIALITY NOTICE: This eecronic mal (ncuding atachments), is covered by the Elecrone Cormucabons Privacy Ack 65 2810-2821 ands confidential ‘The information conained in this message andthe accompanying document it coderalriomaton at gay pviegod andintaed ony foe use othe abovernamedreciient. If the reader of this message is not he named Feciplent or an employee or agent responsibe for detveng the ielecopy to the Famed recipies, lease nodly this offce Immediately fo arrange or the retum ofieceignal documents, You are nereby oiled Pat any review, dscosure, ‘copying, detbuton, ofthe taking of any action in reliance onthe contents of this formation i ett proibied and could rest in savere civ ‘andlor cimina penalties. ‘tna eooele com/mailui=2ik~ee7dcfS9bé-view=ntésearch~inboxéth128fa233... 6/2/2010Gmail - Level 3 Appeal Page 3 of 5 Ralph Dias «Ro un 2,200 a 6:09 Pa TELTIGATONUN cneeggalcon> = Benin. Your respons nate regarding he fou ay window. However, he received dete stamped on thro apathy 2 240 rear be regue caren vat be nol an nn. 210, Siete Mere Oy hoki. rere bang aay ies hy nen oa pe ‘tne yet with ceri fe ebigaton so prove awn response he sppea by be lune deadline iecings wih vinous win oe arpe warecovplcted ae Jue 2 2010 be etued west ered ‘pal ayant to geese pret an pert prone romain eoncamig ‘Snumeis er ntermaien reicé ony the adnicraion rte Level Two decson The pacepton of beng ecules fr fom he realty and nding tha you hve adequately id ou Your accounts ofthe events suggest no addon iformaton Is tobe expected 3 mecing tne o 80, Sin tr riay, luo 42090, hs boo ttl cheddea. Te carteorce cannot may fe deadse ot Sine 2010 ttre wren response, etme know ist wl Wor Best regards, Ralph Diaz ‘Contact information: Ralph Diz, Administrative Assn! tothe Suprntandent Invng independent School Dace 2821 West Aiport Freeway Ining Texas. 6052 972-500-5005 nem 972.215.8003 Fax ‘az@iningisdnet aay ee: Te omsien nh wal age ely an ncn a 0 fe nae nan ‘Stes (sty we sroncs mopar nae yoroocl mene ass oS tr chan err oy raped rb eang 72 as, ‘ntps:/mail google.com /mailui=2.ikOeedefS9b&eview=otdesearchinboxdeth=128fa233... 6/2/2010