Corroboration of ICSD Statement of Material Facts

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SEE ALSO: Discussion of ICSD Statement of Material Facts

Contents 1 #14 2 #17 3 #22 4 #27 5 #28 6 #31 7 #39 8 #40 9 #41 10 #42 11 #43 12 #46 13 #48 14 #59 15 #60 16 #75 17 #76 18 #90 19 #91 20 #118 21 #121 22 #139 23 #144 24 #148 25 #153 26 #154 27 #155 28 MISC 29 GENESIS OF GUIDELINES 30 Deposition Notes

#14

• The purpose of The Tattler is to provide experiential learning to those students interested in a career in journalism, as the IHS does not currently have a formal journalism course.

Vinch to Wilson, 11/9/04 (right after survey), D00599: "As the advisor, I try to find a balance by offering students advice for the newspaper without restricting their rights as student journalists. … it is my belief that a newspaper is a healthy way for students to express their opinion. It encourages dialogue within the school community."

Stephenie Vinch thinks that the purpose of a newspaper is to ensure that peoples' feelings don't get hurt: "It seems that our editors AREN't learining from their mistakes––they keep making decisions that are insensitive to others" (D00681) 1/26/05

And IHS does have a journalism course: Rob Dep 273, Pastel Dep 5, Russell Dep 38

The journalism course is described in the official literature thusly: "This course is for those who wish to develop a background in journalism, write for an audience, learn editing skills, and publish. Students will practice skills such as interviewing, conducting surveys, writing news, reviews, feaures, and sports stories as well as editorial writing and writing advertising copy. Editing skills and layout design will be addressed. In addition to using a textbook that covers topics ranging from form to ethics, students will use a daily newspaper and weekly periodicals to analyze news coverage."

Ken Pickens, chair of the English department, says: "We have an elective class in 'journalism' which we offer anytime there is enough student interest. We do not have a scheduled classs in 'Yearbook' or 'Newspaper', but a provision to give English credit to editors as a recognition of their hard work." D00721-D00722

#17

• A teacher at the IHS traditionally serves as Faculty Advisor to oversee the production of The Tattler and to provide teaching and guidance to the students who produce it

Roselyn Teukolsky's deposition p20-24, past practices, her practices, and potential practices if The Guidelines were in the wrong hands.

Joe Wilson's deposition p112, wilson committed to having an advisor enforce guidelines

The Tattler, like all extracurricular activities, is required to have a faculty advisor, according to the student code of conduct.

Vinch to Wilson, 11/9/04 (right after survey), D00599: "I know that the Tattler articles were difficult for you to read. As the advisor, I want to make the distinction that what is expressed in the Tattler are student opinions and student writing. They do not necessarily reflect my beliefs. … We spend countless hours discussing the relevence of what they want to print … As the advisor, I try to find a balance by offering students advice for the newspaper without restricting their rights as student journalists. … it is my belief that a newspaper is a healthy way for students to express their opinion. It encourages dialogue within the school community. I would hate for it to become 'underground' without an advisor all together."

#22

• Stephanie Vinch served as The Tattler's Faculty Advisor from 2003 until she resigned from that position on February 3, 2005

note that she started in the beginning of the 2003-2004 school year, i.e., in summer 2003. Whatever strange documents may be on the record, this is when she began advisor.

#27

• The ICSD also provides The Tattler office with computers, a phone, a free phone line, internet access, an access code to a District photocopier, office supplies, and furniture

Andrew dep p27 - some office items brought by students

#28

• Students are permitted to work on the Tattler during school hours

Andrew dep p15 - predominately worked on paper at home

#31

• The "Personales..." personal ad insinuated that the president of the IHS Class of 2005 was a homosexual

PERSONALES: Ted dep 53-58, Trevor dep 39-43, Prabhas dep 59-61, Abe dep 41-43, Laura dep 46-49, Andrew dep 68-74, Rob dep 138-146

#39

The ICSD's Policy Manual states that surveys must be approved by the Supt before they can be distributed

SURVEY: rob dep 180-191, andrew dep 100-104. also see rob's survey timeline packet, and andrew's comments on survey stuff in ICSD discovery in his email.

Joe Wilson's deposition, page 87, Tattler did not cross "the line" with their student survey

2004-2005 Student Code of Conduct:

1(B)2: "2. Literature Distribution, Surveys, and Petitions [Refer to policy 1520]: Students may distribute literature including questionnaires, surveys, and petitions on school grounds only with the authorization of the Superintendent. Persons not connected with the schools may not distribute literature without specific prior authorization by the Superintendent. Flyers or other materials that totally consist of advertising may not be handed out on school property. School authorities may regulate the distribution of literature on school grounds for the purpose of avoiding material and substantial interference with the educational operation of the school."

ICSD Policy 1520, part 4: "Use of School Facilities for Distribution of Literature by Non-School Groups

All distribution of literature within the District must be authorized by the Superintendent or his/her designee.

The Ithaca City School District regulates the distribution of literature to its staff and students by non-school groups and individuals. Distributions must be consistent with the district's mission and programs. Materials that advocate discrimination or discriminatory activities are inconsistent with the district's mission and programs and will not be distributed. Similarly, the material of organizations that discriminate on the basis of race, color, ethnic background, national origin, gender, age, creed, religion, sexual orientation, veterans status or disability shall not be distributed. The term discrimination shall include, but not be limited to, exclusions from membership or participation in activities on one of the aforementioned bases where such exclusions are unlawful or inconsistent with the District's mission, its commitment to multiculturalism, and its commitment to separation of church and state. "Discrimination" shall be interpreted in the context of this commitment to multiculturalism with its special concern for historically oppressed or subordinated groups, the district's commitment to affirmative action, and the district's commitment to separation of church and state.

A. The distribution of literature to teachers and students through teacher mail boxes is generally limited to official school business communications. Any approval for distribution of other literature through teacher mail boxes shall be strictly limited to those items directly related to the District's curricular and extra-curricular educational programs or items in direct support of these programs.

B. Literature regarding educational or recreational opportunities or services that are supportive of the District/school's mission, and literature directly related to the business of the school district, shall be distributed to the relevant student population in a manner to be determined by the administration.

C. Communications which (i) are in aid of commercial ventures, libelous, obscene, malicious, an invasion of an individual's privacy, (ii) encourage the damage of property or physical harm to others, and/or (iii) will materially disrupt or substantially interfere with normal operation of the schools are strictly prohibited.

All requests for distribution of literature must be authorized by the Superintendent's designee to assure compliance with this policy. In approving literature for distribution, the Superintendent's designee will indicate whether distribution is authorized through mail boxes or designated distribution points. Persons not connected with the schools, distributing unauthorized material or literature, will be requested to leave. If they fail to comply they will be considered to be loitering or trespassing and appropriate action will be taken. The Superintendent will develop procedures for the implementation of this policy."

#40

• The Tattler sought permission from Superintendent of Schools for the ICSD Judith Pastel (hereinafter "Superintendent Pastel") to distribute the faculty survey

The Tattler initially sought permission from Joe Wilson, who recused himself because "they are too personally focused for me to decide … whether to go forward and/or who will decide" Wilson to Pastel, Russell 11/18/04, D00442

#41

• Superintendent Pastel denied permission to distribute the initial faculty survey as written, as it had the potential for identifying teachers based on their responses, which had the potential for running afoul with the collective bargaining agreement between the ICSD and the Ithaca Teachers Association

Pastel, via designee Melina Carnicelli, forbade distribution of the initial faculty survey because:

a) "ICSd staff undergo performance evaluations at least once annually, as prescribed in current contractual agreements. This school district will not have the performance of an identified member of the staff [Wilson -Andrew] publicly judged by other members of the staff." Carnicelli to Vinch, Russell, Wilson, 11/21/04, D00440.

b) "…this survey has no educational and/or academic benefit, and I'd argue little or no journalistic benefit. For a student organization, an endeavor of this nature should satisfy the test for educational efficacy. And since The Tattler's previous survey allowed students to apply/test their abilities in statistical analysis, another exercise of this matter is unnecessary" [which implies that ANY followup survey is pointless simply because we've already done a survey] Carnicelli to Vinch, Russell, Wilson, 11/21/04, D00440.

There is nothing about the specifics of the contractual agreement.

#42

• Superintendent Pastel gave The Tattler an opportunity to present a revised survey that omitted the personally identifying information

Designee Carnicelli encouraged Tattler staff to submit for approval a "'climate' survey which doesn't mention any particular member of the staff". Carnicelli to VInch, Wilson, Russell, 1/21/04 D00440

#43

• After Superintendent Pastel gave The Tattler an opportunity to present a revised survey that omitted the personally identifying information, The Tattler submitted a second survey for approval

#46

• No administrator nor faculty member, inclusive of all Defendants herein, interfered with or took any adverse action against any editor or staff member of The Tattler as a result of these surveys

#48

• For each issue of The Tattler, Ms. Vinch was given a proof set to review, edit and alter prior to the publication

Proofs were made for every editor to review(Abe dep p15)--Ms. Vinch's set was not unique and her suggestions carried no greater weight than any other reviewer (Rob dep p133)

Again, see D00599, Vinch to Wilson, 11/9/04 (right after survey): "As the advisor, I want to make the distinction that what is expressed in the Tattler are student opinions and student writing. They do not necessarily reflect my beliefs. … As the advisor, I try to find a balance by offering students advice for the newspaper without restricting their rights as student journalists. … it is my belief that a newspaper is a healthy way for students to express their opinion. It encourages dialogue within the school community."

Also, Ithaca Times: Tattling at IHS, published in December '04 shows that four issues into the '04-'05 school year Ms. Vinch still had the correct idea of what it meant to be an advisor and resisted Wilson's attempts to make it fall under Hazelwood by linking it with a class.

#59

• The purpose of Ms. Vinch crossing out the article "Alumni Advice: Sex is fun!" article and the Sexual stick figures drawing on her proof set was to indicate to the students that neither would be published in The Tattler

Stephenie Vinch's deposition, on page 70 and 96-97, establishes that Rob decided to postpone a decision on both the cartoon and the article until the following issue, and that was OK with her.

Andrew dep 117

#60

• Ms. Vinch crossed out the article "Alumni Advice: Sex is fun!" article and the Sexual stick figures drawing on her proof set due to their lewd, vulgar and obscene nature

Vinch dep p108 - ms. vinch, a reasonable person--"of course"--not offended by cartoon

#75

At the meeting where Ms Vinch stated her intention to resign as faculty advisor, Ms. Vinch stated that she felt that written guidelines would help her understand what was expected from her by the administration and the District concerning her role as Faculty Advisor

Vinch dep p21 - wilson asked what kinds of guidelines would be helpful to Vinch, not the other way around. That said, on p22 Vinch expresses her feeling of being caught between students and administration and on p23 says that everything's vague w/out guidelines.

There seems to be no documentary evidence showing discussion of guidelines before Jan 5... the rest might be Vinch just recollecting incorrectly -a

#76

At the meeting where Ms Vinch stated her intention to resign as faculty advisor Ms. Vinch provided Dr. Russell with a draft of guidelines she believed represented her understanding of the role of Faculty Advisor, as well as the District's expectations from the Faculty Advisor

Vinch dep p27-28 - Ms. Vinch says she based her guidelines not on the history of the tattler (or on research), but on the orchard park newspaper (where she used to work) and on the newspaper at Mr. Wilson's old high school. Also see p47-50 for the dubious connection between guidelines and past practice

Vinch dep 27: "I don't remember asking for any written guidelines."

Further, an e-mail from Joe Wilson--D00557--shows that the guidelines were not developed with any emphasis on past practice but on attempting to control the paper. In Wilson's deposition, he says he does not recall even asking Ms. Vinch for input in the Guidelines (Wilson dep p76)

#90

• After Ms. Vinch resigned, the student publishers of The Tattler decided to create an independent student newspaper eventually called The March Issue

Judith Pastel's deposition, on page 69, establishes that the paper cannot be published without an advisor. This is confirmed by Joe Wilson's deposition, on pages 56-67.

#91

• The March Issue looked nearly identical to The Tattler, contained articles written by The Tattler's editors and staff, and used the same advertisers as The Tattler

#118

• After reviewing the Sexual stick figures drawing, Ms. Vinch spoke to other faculty members, including Ms. Bach and Kenneth Pickens, then Chair of the English Department, concerning the Sexual stick figures drawing

Vinch dep p114 - ms bach was ok with cartoon

#121

• Superintendent Pastel felt that distribution of the Sexual stick figures drawing on school grounds would interfere with the teaching of the current health curriculum, in particular, that sexual relations is a matter to be taken seriously and abstinence

Judith Pastel's deposition, around page 53, articulates this point further.

#139

• While The Tattler is a learning experience provided by the ICSD, it presents distinct concerns for the District, both legal and ethical, that student journalists often do not have the maturity or knowledge to understand, which requires an adult Faculty Advisor to have final say over The Tattler's content

#144

• Defendents, as well as non-party Ms. Vinch, have testified that they believed that the Faculty Advisor had final say over the content of The Tattler, and that the guidelines at issue merely codified this past practice of the ICSD

Vinch dep p27-28 - Ms. Vinch says she based her guidelines not on the history of the tattler (or on research), but on the orchard park newspaper (where she used to work) and on the newspaper at Mr. Wilson's old high school. Also see p47-50 for the dubious connection between guidelines and past practice

Further, an e-mail from Joe Wilson--D00557--shows that the guidelines were not developed with any emphasis on past practice but on attempting to control the paper. In Wilson's deposition, he says he does not recall even asking Ms. Vinch for input in the Guidelines (Wilson dep p76)

In Judith Pastel's deposition, p4, she says she never looked into the past practice of The Tattler. One of the most important aspects of the guidelines to her was that they give the advisor final say on content of the paper (p19).

#148

• Mr. Wilson's concern was exacerbated by the fact that the drawing was intended to accompany an article about the ICSD's health education programs, which Mr. Wilson felt would give impressionable students and the community the impression that the District did not take sex education seriously, and that sex was not a serious subject

#153

• The guidelines for The Tattler, as revised in May of 2005, provide the editors of The Tattler with a right to appeal any content-based decisions made by the Faculty Advisor

#154

• The District has a policy concerning student publications

Code of Conduct I(B)6:

"6. School Newspaper and Student Publications: Newspaper staff members, contributors, or editors and students have a responsibility to observe the rules for responsible journalism and, in particular, to refrain from libel and obscenity. The school has the right to halt distribution of materials that would materially and substantially interrupt the educational process or intrude upon the rights of others. Students are free to take photographs for news or documentary purposes as long as they do not materially and substantially interrupt the educative process or intrude upon the rights of others. School newspapers in the Ithaca City Schools must also permit students who are not members of their staff to have the ability to have their work to be submitted and considered for publication in the school newspaper, particularly in those instances where non-editorial staff opinions differ from those of the editor. Students in the District have a right to publish and distribute unofficial or non-school-sponsored newspapers on their own and with their own resources. Such publication and distribution does not indicate that the paper is representative of the school. The newspaper staff members have sole responsibility for any statement(s) published, and such publications have moral and legal obligations to observe the normal rules of responsible journalism. Distribution of such papers on school property is subject to the procedures established for literature distribution."

more code of conduct:

"III. CO-CURRICULAR AND EXTRACURRICULAR PROGRAMS A. STUDENT ACTIVITIES 1. Extracurricular Activities and Clubs: Students may organize clubs and other groups within guidelines established by each School for any purpose not prohibited by law. To receive school funds and/or to use school facilities, a group must submit a list of club members and must have a faculty or staff member or District-approved adult volunteer who has agreed to act as adviser to the club. The school may require the group to register with the appropriate individual at that building (see form on appendix page 69). Student organizations may “establish reasonable membership criteria” if these are applied equally to all applicants. Students are entitled, however, to join any registered school group without discrimination or any arbitrary criteria. Student groups are responsible for making clear to the public that their programs do not necessarily reflect the views of their School as a whole. Use of the School name when participating in a public demonstration is prohibited unless the Principal or Principal’s designee has granted permission. Student groups must recognize that persons who disagree with their views and programs are entitled to choose for themselves whether to listen to the group’s point of view without being coerced or harassed into doing so. A student group has the right to a hearing before a decision is reached to ban, discontinue, or discipline it. Interfering with school discipline, failing to abide by the terms under which the group was approved, and presenting a threat to the health or safety of members of the school community are examples of valid reasons for action against a student group."

#155

• The District's rules for responsible journalism are detailed in Section IV (D) 2.18 of the 2004-2005 School Conduct Manual for the ICSD

MISC

Judy Pastel intended to send an email "caution[ing] BOE members about staying out of the Tattler business." Russell to Pastel, 2/19/05, D00423.

Prior to publication of the February Tattler, Stephenie Vinch told Bill Russell about the items she intended to remove, and Bill Russell agreed with her. Russell to David Lee, 1/31/05, D00433

Joe Wilson participated in the censorship of items from the February 2005 Tattler. Wilson to Pastel, Carnicelli, Russell, 1/26/05 D00435

Vinch forwarded Abe's porn review to Wilson D00752

Joe Wilson approved of censoring The Cartoon because, among other reasons, it was "not consistent with the Journalists Code of Ethics in that it is not in good taste and panders to lurid curiosity." 1/26/05 D00435

On January 18, 2005, Alaine Troisi, President of the Ithaca Principals and Directors Assn. (IPDA), emailed IPDA members: "We have another issue which is the IHS Tattler. Johnny Vann brought to my attention the horrible racial language in the last one where they were talking about Ralph's Ribs. If you get a chance read the article. We need to do something about this. It is unacceptable to call a female a 'ho'". Troisi to IPDA, 1/18/05, D00437

Joe Wilson wanted to turn the Tattler into a class with a curriculum, credit, and training. "The conduct of this and last year's leaders of The Tattler indicate that they need training in journalistic ethics … and responsibilities" Wilson to Pickens, Russell 12/6/2004, D00480. Also Wiilson to Russell, VInch, 1/6/05 D00557

On Tuesday, January 4, 2005, Judy Pastel requested "time in executive session after executive salary decision-making to share major concerns about the upcoming Tattler issue and its leadership. Names of students and staff will be prominent, so executive session is appropriate." Pastel to BoE, 1/4/05, D00500

• • note that this was probably illegal––state law is VERY strict about when boards of ed can have exec sessions, and prominence of individual names is NOT one of them--this probably should have been public. see public officers law, article seven, §105

Judy Pastel thought that the Tattler "is well written and over all the last edition [November -a] was balanced." Pastel to Dexheimer, D00502

Board of Education member Roy Dexheimer said that "I do have to say that the 'Tattler' is generally a well-written, well-constructed student paper. The articles are literate and many are actually interesting. And maybe I missed some things, but I read a lot of supportive stuff about Joe and the policies, as well as the occasional downer (e.g., the report on the assembly with the 10th graders). I'm not going to go out of my way to publicly praise the paper, but I must confess to you privately that it's a pretty good student paper." Dexheimer to Pastel, D00502 10 November 2004

The thing about mental health information on a teacher came to light when the principal of the teacher's BOCES program heard "a rumor … about a negative article in the upcoming underground student newspaper about one of our BOCES programs." Wilson to Ochhsorn, 3/7/05 D00528. The principal asked Joe Wilson if he could see the article before it was printed Wilson to Russell, 3/7/05 D00531

Joe Wilson requested copies of the Tattler galleys with the names of teachers whose classes were cheated in in order to "correct breaches in testing security" Wilson to Russell, 1/30/05 D00543 (And Ms. Vinch surreptitiously provided them to him, in violation of all journalistic standards, D00681). Also D00748, D00747, D00749,

Joe Wilson helped implement the guidelines: "We will simply proceed with implementing the guidelines as they have been provided. I am looking at the commentaries that you gave me." Wilson to Vinch, 1/26/05, D00546

Joe Wilson spoke with Alex Acerra, one of the authors of Ralph's Ribs, and told him :that the language he chose to use whether it is commonly understood to not racist [sic] among his peers was open to other interpretation. I cited my own experience with the Nazi comment." Wilson to Ron Acerra, 1/12/05, D00549

Vjnch to Wilson, Dalmida, Pickens, 10/22/04 (D00611): "Joe- none of my editors received credit last year. To my knowledge none are signed up for credit this year."

GENESIS OF GUIDELINES

Stephenie Vinch's original draft of guidlines??? Verify with dep. D00652. Say nothing about Tinker or Hazelwood.

Wilson admits that he wished we had been censored earlier: "The editors have been across the line in previous issues, and, had any conceivable set of guidelines been in place should, could, would have either been disciplined post facto or censored in advance" D00681, Jan 26.

Part of the BoE's biweekly pre-meeting packet says that "Bill Russell has been working with Joe Wilson, Stephenie Vinch (Tattler Advisor), and our attorneys to develop guidelines for the advisor and editors of the Tattler. We have not, in the past, had written guidelines and are hoping that these will clarify things somewhat and lead to an improvement in the quality of the newspaper." D00658

Undated, unsigned document from Bill Russell ("publish june issue with my approval") lists "problematic" stories, D00659

Legal questions re Tattler D00660

Weds, 1/5/05: Vinch met with Russell and Wilson in Wilson's office (D00554) and "discussed my desire to resign and they told me to stick with it longer, they didn't want the advisor to resign." Vinch dep 88. "They said, what would make it easier for you to stay on as the advisor?, and I said, knowing what's expected of me and, you know, from you as well as from the students so that I'm not constantly caught in between administration and students. And that's when I think the guidelines -- I think that's when maybe the guidelines came up." Vinch dep 89. Before that, she had never asked for or discussed the possibility of written guidelines Vinch dep 27.

Thurs, 1/6/05 3:32 PM, Wilson to Russell, Vinch, (D00557): "I would like to see the guidelines to the Tattler staff before they are finalized. I would also like to be caught up on the advise [sic] of our lawyers, or better yet, get an opinion letter guiding us on the legal status of the paper and what the 'rules' are vis a vis the advisor and the schools rights and obligations. I said this before, but I truly want to know where they think we and the students stand … I also think it is worth considering having a review board in addition to the advisor that looks at the paper … Since we last spoke [!!!!!!!!!!!!!! -a], I have had staff members complain to me about the off-coloro innuendo in some articles. I have not bothered to look for them, but that is apparently yet another issue/grievance that some staff members have with the content. … it should be noted that the editors are currently subject to our discipline code … if they refused to follow the reasonable directions of the advisor, they could be disciplined for insubordination. This plus the fact that the advisor could require the printer to remove portions of the paper without blocking the printing of the entire paper might give the advisor more clout than is currently perceived to exist."

Friday, 1/7/05, 11:16 AM, Vinch to Wilson, Russell (D00554-D00555): Vinch met with Rob on that date and said that "guidelines would bne developed for the advisor. [Rob] agreed that there needed to be such guidelines, buasked if he could be part of the process of creating them. (I just told him it was in the hands of Central Office at this time). I told him I wasn't sure yet what the guidelines would entail."

Friday, 1/7/05, 11:48 AM, Russell to Vinch, Wilson (D00554): It was Vinch who originally told Russell about SPJ Code of Ethics. "My own view (as you suggested in an earlier email) is that it would be productive to have the three of us sit with the whole editorial board to work through the guidelines we come up with. I would suggest that we do that after we (and our attorneys) have produced a draft, rather than starting with the students to come up with a draft. I'll be talking with them Dan Bordoni and Jodi Butler (attorneys at Bond Schoeneck and King) about this later today."

Friday, 1/7/05 12:57 PM, Wilson to Russell (D00554): "I second the notion that we would provide the first draft of the guidelines and I think that Stephanie has made an excellent start. I also suggest that we be ready-maybe to the point of having a meeting first--to say that some guidelines are NOT negotiable"

Monday, 1/10/2005 8:07 PM, Wilson to Debbie Gardner, Hess, Russell, Vinch (D00553): "Please arrange an appointment for Rob, Tattler editor, Dr. Russell, and Ms. Vinch. The agenda is Rob's views about discipline for students on the Tattler staff and the new guidelines for future publications. This can be done as soon as the guidelines are firmed up including knowing which if any are negotiable and which are not."

Wednesday, 1/12/2005, 7:49 AM, Wilson to Vinch, Russell, Pickens, Dalmida (D00552): "We need to complete the guidelines, meet with the editorial board and Dr. Russell and move forward."

Thursday, 1/13/2005, Wilson to Russell, (Exhibit 105): "ponder this hypothetical: Eileen Bach volunteers to take over The Tattler. If this transpires, and I bet that it does, we will need an advisory board." D00751 Wilson dep 134: "Q: Why did you believe that you would need an advisory board if Eileen Bach volunteered to take over The Tattler? A: In my couple of conversations with her about The Tattler, I came to the conclusion that she ran it entirely as she and the students agreed it should be run and it seemed to me that the experience with Ms. Vinch was that onestaff member with the students put too much pressure on the one staff member."

Friday, 1/14/05, 7:12 PM, Russell to Vinch, Wilson (D00548): "We are waiting for guidelines from our attorneys about the issues of concern to us … we need to move sooner rather than later in establishing some specific guidelines, and to get them in place before the publication of the next issue … the three of us should meet with Rob on Tuesday, tell him these guidelines are now in force, and that we expect them to be followed"

Monday, 1/17/05, 8:41 PM, Wilson to Vinch, Russell (D00548): "The guidelines are what we discussed, and I support them … I think the advisor should deliver the final version to the printer because the students' conduct suggests that they might submit a different version to the printer than what the adviser last saw. "

Wednesday, 1/19/05. This is the date on the presented copy of the guidelines.

Friday, 1/21/05. Guidelines promulgated.

Saturday, 1/22/05, 1:54 PM, Wilson to IPDA, et al (D00592): "We presented the guidelines for future issues. … the guidelines give us a platform from with to work with the students. The guidelines assert, most important, that the adults have the final say in what goes into the paper"

Deposition Notes

• Andrew Alexander's deposition

p13 - role on paper

p15 - worked on paper at home

p27 - some office items brought by students

p41 - students who want to be involved in lawsuit whose parents object

p68-74 - personales

p75 - tattler office locked as punishment

p77-82 - why vinch cancelled june tattler

p88 - wilson made it hard to use the tattler office

p100 - student survey

p103 - faculty survey

p114 - academic dishonesty

p117 - sex is fun

p119-120 - "internal controversy" over its publication

p130 - march issue mental health

p138 - why returned as "tattler" in june

• Roselyn Teukolsky's deposition

p8 - why underground papers

p9 - no activity for underground papers on school grounds

p11 - long time for appointment

p18 - said in interview for advisor position that would not enforce the guidelines

p20 - past practices of paper (students made decisions)

p21-23 - how she acts as advisor

p24 - their guidelines, in the wrong hands, are dangerous

p27 - censorship is ongoing

p29 - students do have maturity; it's a good publication

p32-33 - money (district gives us little)

p33-35 - distribution off campus

p36-37 - lots of people read the tattler

p40 - teukolsky on cartoon

p43 - many guidelines!

p56 - cartoon in june?

• Stephenie Vinch's deposition

p21 - wilson asked what kinds of guidelines would be helpful

p22 - caught between students and administration

p23 - everything vague w/out guidelines

p27 - the january tattler, in its entirety, preciitated the guidelines

p27-28 - based her guidelines not on the history of the tattler, but on the orchard park newspaper (where she used to work) and on the newspaper at mr. wilson's old high school.

p39 - claims it was the ralph's ribs article precipitating the guidelines (but, as we know, it couldn't have been...)

p40 - food nazi ended up on front page over the objection of vinch

p42 - powers academic dishonesty

p43 - process for creating a typical tattler

p44 - look for compromise when there's a disagreement, but tiring with Rob

p45 - both vinch and students thought they had final say

p47-50 - guidelines and past practice

p53 - more discussion of final say

p60 - article and cartoon obscene

p67 - rob agreed to wait on the article

p67 - did not show cartoon to anyone

p70 - mutual agreement to wait on article and cartoon

p71 - 72 - academic dishonesty markings

p72 - no marks around ralph's ribs

p74 - read ralph's ribs, just not carefully

p77 - receieved proofs dec31

p77-78 - ithaca distribution

p80 - offered advice (IT article)

p87-88 - doesn't want to review online content

p88 - went to resign jan5, the very day the january tattler came out (well before ralph's ribs fallout)

p94 - emergency tattler issue jan4, BEFORE tattler came out

p96 - rob never agreed not to publish cartoon

p97 - vinch accepted the postponement

p108 - ms. vinch, a reasonable person--"of course"--not offended by cartoon

p114 - ms bach was ok with cartoon

p117 - ms vinch has little idea how to differentiate between tinker and hazelwood

p119 - no credit, money for editors

p123 - resigned as birthday present to self

p124 - forged exit survey

• Joe Wilson's deposition

p7 - wilson took a course in constitutional law

p11 - multiple versions of "The Guidelines"

p13 - tries to pin Guidelines on Ralph's Ribs

p14 - not part of initial decision

p16 - meeting with vinch about resigning in January

p24 - computer wiped after commencement of this lawsuit

p42 - wilson did no research creating guidelines

p46-47 - why troisi and vann were at guidelines meeting

p49 - the cartoon, obscene?

p52 - wilson looking for academic dishonesty "galleys"--names of teachers [note: our reasoning for not including the names was precisely to avoid this!]

p76 - don't recall asking for vinch's input on guidelines

p81 - notes for cartoon appeal

p85 - when have we been over the line before?

p86 - inappropriate to name the teacher? Yeah, because that information doesn't belong in your hands!!!

p90 - what articles would you have censored in advance?

p96 - our academic dishonesty assignment

p106 - teukolsky would not enforce guidelines

p112 - wilson committed to having an advisor enforce guidelines

p127 - bach takes over again, with advisory board?

p130 - wilson "didn't feel good about" content in the tattler critical of him

p133 - the rev. jim henry liked the tattler

p136 - personales district document

• Judith Pastel's deposition

p4 - never looked into history of tattler

p11 - pastel "expected" guidelines to be developed, told that the advisor requested written guidelines

p17 - pastel started thinking about guidelines before january 7

p19 - wanted advisoral final say in guidelines

p24 - advisor wanting to quit tattler being discussed at jan4 board meeting

p29 - wilson "counseled" by russell about food nazi comment

p35 - guidelines have been revised

p40 - counsel helped pastel with march9 letter

p43 - march9 letter accurately reflect pastel's views on cartoon publication

p53 - cartoon makes light of sexual issues, and since it's in the paper that's the district's position (even though she's talking about the march issue, now...)

p58 - not aware of any interference to health curriculum coming out of the march issue

p70 - no tattler in march, april,may because no advisor

p71 - why pastel hired wilson

p75 - judy pastel's former district required journalism for newspaper editors

p79 - boeducation and guidelines