1 IN THE UNITED STATES DISTRICT COURT

Transcription

1 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF OREGON 3 J.F., et al., ) 4 Plaintiffs, ) 3:14-cv PK ) 5 vs. ) April 15, 2014 ) 6 MULTNOMAH COUNTY SCHOOL ) Portland, Oregon DISTRICT NO. 1J, et al., ) 7 ) Defendants. ) TRANSCRIPT OF PROCEEDINGS 14 BEFORE THE HONORABLE MICHAEL H. SIMON 15 UNITED STATES DISTRICT COURT JUDGE

2 2 1 APPEARANCES 2 FOR THE PLAINTIFFS: Kevin Charles Brague Kivel and Howard, LLP SW Fifth Avenue, Suite 1775 Portland, Oregon FOR THE DEFENDANTS: J. Michael Porter Andrea M. Barton 6 Miller Nash LLP 111 SW Fifth Avenue, Suite Portland, Oregon COURT REPORTER: Dennis W. Apodaca, RDR, RMR, FCRR United States District Courthouse SW Third Avenue, Room 301 Portland, OR (503)

3 3 1 INDEX 2 Witnesses: (For the Plaintiffs) 3 J.F. 6 4 James Fletcher 15 5 Kerri Fletcher Witnesses: (For the Defendant) 8 John Robinson 31 9 Maude Lamont Closing by Mr. Brague Closing by Mr. Porter Findings and Order of the Court

4 4 1 (April 15, 2014) 2 P R O C E E D I N G S 3 (Open court:) 4 THE COURT: Good afternoon. 5 THE CLERK: Your Honor, this is the time set for 6 argument in PK. J.F., et al. versus Multnomah 7 County School District, No. 1J, et al. 8 Counsel, beginning with the plaintiff, please 9 identify yourself for the record. 10 MR. BRAGUE: Good afternoon, Your Honor. 11 Kevin Brague on behalf of Plaintiffs J.F. and James and 12 Kerri Fletcher. Thank you. 13 THE COURT: Welcome. 14 MR. PORTER: Mike Porter on behalf of 15 defendants. 16 MS. BARTON: Andrea Barton on behalf of 17 defendants. 18 THE COURT: Welcome. 19 I have read the materials that you all have 20 provided, which include the first amended complaint, 21 plaintiffs' memorandum in support, plaintiffs' motion for 22 temporary restraining order and the declarations of J.F., 23 Mr. James Fletcher and Mrs. Kerri Fletcher. I have read 24 defendants' opposition to the temporary restraining order 25 and the declarations provided by defendant, the

5 5 1 declarations of Dean of Students John Robinson and Vice 2 Principal Maude Lamont. 3 I was handed a few moments ago the declaration 4 of Kevin Brague and its attachment, which I have just 5 briefly flipped through. I will let you call my attention 6 to anything important in it when you wish. 7 I think that the best thing to do first is to 8 get a handle on the facts. So I would like to hear 9 whatever factual presentations plaintiffs wish to put on 10 first, then defendants' factual evidence and material, and 11 then we will talk about the implications from those facts. 12 You may proceed. 13 MR. BRAGUE: Thank you, Your Honor. 14 Consistent with our earlier telephone 15 conference, would the Court prefer to have the facts 16 presented through live testimony or my recitation of the 17 brief and declarations? 18 THE COURT: Live testimony. But I think to save 19 time, unless there is an objection, I am comfortable with 20 beginning with the assumption that we have all read the 21 declarations. I will take those as prima facie evidence. 22 If there is something that you wish to add to one of the 23 witnesses, you may do so, and then we will submit that 24 witness to cross-examination by opposing counsel as well 25 as by the Court.

6 6 1 Who do you wish to call first? 2 MR. BRAGUE: I wish to call Jackson Fletcher 3 first, J.F. 4 THE COURT: All right. Mr. Fletcher, come on 5 up. 6 (The witness was duly sworn.) 7 THE CLERK: Please be seated. Please state your 8 name for the record, spelling your last. 9 THE WITNESS: Jackson Fletcher. 10 THE COURT: As far as I said, Mr. Brague, we can 11 start with the assumption that we have all read the 12 declaration of Jackson Fletcher. I understand that's the 13 declaration of J.F. That's Docket 6. If there are any 14 issues you want to expand upon, you're welcome to do that. 15 MR. BRAGUE: Thank you, Your Honor. There are a 16 couple of clarifying questions, which I want to use to 17 round out the declaration. If I may. 18 THE COURT: You may. 19 MR. BRAGUE: Thank you. 20 DIRECT EXAMINATION 21 BY MR. BRAGUE: 22 Q Jackson, at some point you were approached by another 23 student with an offer to procure alcohol; is that right? 24 A Yeah. 25 Q When that conversation occurred, where did that occur

7 J.F. - Direct 7 1 at? 2 A The Subway in Hillsdale. 3 THE COURT: Subway what? 4 THE WITNESS: The Subway in Hillsdale. 5 BY MR. PORTER: 6 Q Is there a Subway on the street outside of 7 Wilson High School? 8 A No -- 9 Q In Hillsdale? 10 A Oh, yes, in Hillsdale. 11 Q And was this after school? 12 A Yeah. 13 Q So you were on a sidewalk, right? 14 A Uh-huh. 15 Q That's where this conversation occurred about an 16 offer to buy alcohol, and you gave this other student ten 17 bucks, right? 18 A Yeah. 19 Q At some point did you tell this other student that 20 you didn't want to participate in this? 21 A Yeah. 22 Q When did you tell that other student this? 23 A I told him eighth period; almost after school. 24 Q The next day? 25 A The next day.

8 J.F. - Direct 8 1 Q Okay. Was any alcohol ever procured for you? 2 A No. 3 Q And you did not ask to have any further conversations 4 about getting any kind of alcohol or drugs or anything; is 5 that right? 6 A No. 7 MR. BRAGUE: No further questions. 8 THE COURT: All right. I may have some a little 9 bit later, but let me turn it over to cross-examination. 10 CROSS-EXAMINATION 11 BY MR. PORTER: 12 Q Mr. Fletcher, you attended a hearing with Ms. Lamont 13 and Mr. Robinson when they were present with your parents 14 around April 4th; is that right? 15 A Yeah. 16 Q During that hearing they talked to you about text 17 messages that I understand you didn't send but had your 18 name in them, correct? 19 A Yeah. 20 Q During that hearing you didn't explain to them that 21 you told the student in eighth period that you didn't want 22 to participate, did you? 23 A I told them that I never bought the alcohol, and I 24 told them that I got my money back, and I told them that 25 it happened during school hours another day.

9 J.F. - Cross 9 1 Q And they asked you if you had anything to add after 2 they described the facts, correct? 3 A Yeah. 4 MR. PORTER: No further questions. 5 EXAMINATION 6 BY THE COURT: 7 Q Mr. Fletcher, let me ask you to take us back. Tell 8 me about this conversation that you had at Subway with 9 some of your classmates. What happened? 10 A Well, it was right after school. I went down to 11 Subway to get food before my lacrosse practice. One of 12 the students from Wilson came up to me and asked -- he 13 said, "I have alcohol that you can buy," because I know of 14 an upcoming party. I said, "Okay, yeah, I will get some 15 alcohol." He is like, "Do you have any money right now?" 16 I said, "Yeah, ten bucks." I gave him ten bucks and that 17 was that. 18 Q So you gave him $10 at the Subway? 19 A Yeah. 20 Q With respect to this upcoming party, when was that 21 party going to be? 22 A On the weekend. 23 Q On school or off school? 24 A Off school. 25 Q All right. So you gave him the $10. Then what

10 Examination by the Court 10 1 happened the next day? You were saying something happened 2 eighth period. What happened then? 3 A They -- I walked up to him, and I figured out I 4 didn't really want to go to this party anymore, and so I 5 told him -- I said, "Can I just have my money back?" He 6 said, "Yeah, I will give the money back." 7 Q All right. One moment. 8 He gave you your money back? 9 A Yeah. 10 Q Why didn't you explain that in that detail to either 11 Mr. Robinson or -- is it Mr. Lamont or Ms. Lamont? I'm 12 sorry. 13 MR. PORTER: Ms. Lamont. 14 THE COURT: I apologize. 15 BY THE COURT: 16 Q So why didn't you explain that to either Mr. Robinson 17 or Ms. Lamont at the time of the hearing? 18 A Well, really, during the hearing I was really not I was unhappy. I couldn't think. I was really pissed 20 off, because, like, I didn't do anything wrong, and they 21 were accusing me of all of this stuff. So I just didn't 22 really think of asking anything. I just wanted to get out 23 of the meeting and leave, and I wanted it all to be over, 24 so I don't know. 25 Q Now, there is some report that you may have said, in

11 Examination by the Court 11 1 response to the questioning, "Why would you agree to give 2 somebody $10 for alcohol," and it is reported back that 3 you said something to the effect of, "Well, I have to get 4 my stuff somewhere." 5 Did you say something like that? 6 A Yeah. But they never asked about getting alcohol 7 during school hours. They just said, "Did you try and get 8 alcohol?" I said, "Yeah, well, we have to get it 9 somewhere." 10 Q Now, tell me a little bit about why it is important 11 that you continue to play in the lacrosse games between 12 now and May 2nd. My understanding of the sanction that 13 has currently been imposed is that you may not play in the 14 games, compete in the games, through May 2nd, 2014, which 15 is about 17 days from now. 16 What harm would that cause if you have to serve 17 that punishment? 18 A Well, for me -- I have played lacrosse since I was in 19 fourth grade, and I have gotten really good at it. For 20 me, I find it as a way to like get myself to college, like 21 somehow even like a junior college. So I could go play 22 junior college lacrosse. I can get my grades up there. I 23 can't do all this stuff without playing these nine games. 24 I think it will take a lot away from me and not -- give a 25 lot of coaches a reason not to look at me, like scout me,

12 J.F. - Redirect 12 1 and whatnot. I just feel like it takes a lot away from 2 those college opportunities. 3 Q Do you know whether there are scouts from colleges or 4 junior colleges planning to attend the games that you 5 would otherwise be playing between now and May 2nd? 6 A From my understanding, last year, I had three 7 colleges that my coach told me were looking at me. So I 8 was assuming that there was going to be more, because they 9 don't only come for me, but they come for my teammates. 10 When they come for the teammates, they will look at the 11 whole team. So, yeah, there will be. 12 THE COURT: All right. In response to my 13 questions, I will turn it back to counsel. 14 Mr. Brague. 15 MR. BRAGUE: Yes, Your Honor. I would like to 16 flesh out a couple of things in response to your 17 questions. 18 REDIRECT EXAMINATION 19 BY MR. BRAGUE: 20 Q Jackson, when you were called into the office for the 21 first time, is that when you made this comment about 22 getting your stuff from somewhere? 23 A Yeah. 24 Q At the time you were called into the office, did you 25 know why you were there?

13 J.F. - Redirect 13 1 A No. 2 Q Sometime during that initial period of time that you 3 were called into the office, did Ms. Lamont talk to you? 4 A Before? 5 Q During. 6 A During when they called me in the office? 7 Q Yes. 8 A Not really. 9 Q Did she indicate the discipline that you would be 10 receiving? 11 A She did tell me that I would have a 28-day 12 suspension. 13 Q But other than that, did she talk to you? 14 A Not really. 15 Q Other than this issue with discipline, and in the 16 declaration there is the other issue with the discipline, have you had any other interactions with 18 Ms. Lamont? 19 A No. 20 Q So she is not at all participating in your education, 21 is she? 22 A No. 23 Q How many students go to Wilson? 24 A Probably 1, Q So the discipline that Ms. Lamont told you that you

14 J.F. - Recross 14 1 would be receiving the first time that you were called to 2 the office, is that the same outcome from the hearing that 3 occurred a few days later? 4 A Yes. 5 Q And at that hearing, did you get an opportunity to 6 respond to what Ms. Lamont was directing at you? 7 A We tried. We tried to, but they kind of pushed us to 8 the side and told us that's what was going to happen; 9 that's what they feel is fair. That was it. 10 MR. BRAGUE: Nothing further, Your Honor. 11 THE COURT: All right. Back to you, Mr. Porter. 12 RECROSS-EXAMINATION 13 BY MR. PORTER: 14 Q Mr. Fletcher, there was a conversation that 15 Mr. Brague asked you about where your parents weren't 16 there with Dean Robinson and Ms. Lamont? 17 A Yes. 18 Q After that conversation, you played in a lacrosse 19 game, correct? 20 A Yeah. 21 MR. PORTER: Nothing further. 22 THE COURT: All right. Mr. Jackson, thank you 23 very much, sir. You may step down. 24 Mr. Brague, next witness. 25 MR. BRAGUE: I would like to call Mr. James

15 J. Fletcher - Direct 15 1 Fletcher to the stand. 2 (The witness was duly sworn.) 3 THE CLERK: Thank you. Would you please state 4 your name for the record, spelling your last. 5 THE WITNESS: James Fletcher. F-L-E-T-C-H-E-R. 6 DIRECT EXAMINATION 7 BY MR. BRAGUE: 8 Q Mr. Fletcher, you were at the hearing regarding your 9 son, Jackson, correct? 10 A Yes. 11 Q Can you describe how that hearing went. 12 A Yes. So we -- myself, my wife, Kerri, and Jackson 13 went into the room. It started off basically -- I think 14 we all had to state our names and that we were there. 15 Then we got into the conversation a little bit about what 16 had happened. They started reading the text messages. 17 They had printouts, and we went through that. During -- I 18 will finish that. They went through the text messages, 19 and we asked specifically which text messages Jackson had 20 sent. And I said, "Has he sent any of those text 21 messages?" She said, "No." Then she went on. I said, 22 "What about those?" She said, "No." 23 In the end, I said, "Well, which messages has he 24 sent?" And they said that Jackson hadn't sent any of the 25 messages, which we were completely surprised about. I

16 J. Fletcher - Direct 16 1 think at that point is when we -- we were just very 2 shocked. We were very surprised and not understanding 3 actually why we were even there, because no one explained 4 to us that the situation was that he hadn't sent any; that 5 he was part of a conversation between two other students. 6 Q Okay. Did Jackson ever have an opportunity to 7 respond to what was represented? 8 A There were gaps when we were talking. I think at the 9 end they said, "Are there any more questions?" But they 10 never came out and said, "Jackson, do you have something 11 to say in this hearing?" I mean, nothing like that was 12 ever said. 13 Q In the hearing Ms. Lamont said, "This is what the 14 facts are that we have determined. Do you agree or 15 disagree? And do you have anything to add?" Does that 16 sound familiar? 17 A Yes. I think that was directed at all three of us as 18 a general statement. I don't think she was looking at 19 Jackson at all. I think she was looking at Kerri and 20 myself. 21 Q When did you first learn that that Jackson was going 22 to be suspended for the 28 days? 23 A The day prior. We went in and we wanted to talk to 24 her about Jackson has been having some problems, and we 25 are really trying to work out a couple of things with him

17 J. Fletcher - Direct 17 1 and wanting to talk through it with her and see what we 2 could do, if there is any chance that he could have a 3 different punishment, if he could take away everything 4 else but lacrosse. Basically she said that, well, in this 5 case or in this Class A -- whatever -- issue, sports is a 6 mandatory thing that you have to take away. 7 Q Did Ms. Lamont provide a copy of the student handbook 8 or anything to support that determination? 9 A Not for the sports piece, but she had brought out the 10 point of what the case was about and basically said, well, 11 this statement kind of covers everything. So that falls 12 within that statement of the handbook. 13 Q Did she reference the alcohol, drug and tobacco 14 policy of the district? 15 A Yes. 16 Q Have you had a chance to read that? 17 A Yes. 18 Q What do you understand that policy to say? 19 THE COURT: Hold on. Before we do that, let's 20 make sure we are talking about the same document. Is the 21 document you are referring to Administrative Directive AD, which has also been attached as Exhibit 3 to 23 Vice Principal Lamont's declaration? 24 MR. BRAGUE: Yes, Your Honor. 25 THE COURT: Now that we have established is

18 J. Fletcher - Direct 18 1 that, you may continue. 2 MR. BRAGUE: Thank you. 3 THE WITNESS: Can you repeat that question? 4 MR. BRAGUE: With the establishment of that 5 particular policy, Your Honor, may I approach and hand the 6 witness a copy of that policy? 7 THE COURT: You may. 8 MR. PORTER: May I ask if the copy is from the 9 declaration of Ms. Lamont? 10 MR. BRAGUE: No, it is an extra copy. 11 MR. PORTER: To make sure we are all looking at 12 the same thing, I have an extra copy of Ms. Lamont's 13 declaration if you want to use that, if that is all right. 14 THE COURT: We are talking about a six-page 15 document, correct? 16 MR. BRAGUE: Yes, Your Honor. 17 THE COURT: All right. You may proceed. 18 MR. BRAGUE: Thank you. 19 BY MR. BRAGUE: 20 Q I would like to direct your attention to the first 21 page, under II, it says, "Definitions." Then under that, 22 it is, "C. Drug-related activity." Do you see that 23 paragraph? 24 A Yes. 25 Q Would you take a moment and read that.

19 J. Fletcher - Direct 19 1 THE COURT: Read it to yourself. By the way, I 2 am receiving Exhibit 3 and, frankly, all of the exhibits 3 attached to all of the declarations. 4 THE WITNESS: Yes. That was what we read. 5 BY MR. BRAGUE: 6 Q What did you understand that policy to mean as far as 7 discipline to your son, Jackson? 8 A Well, I mean, basically when we asked about this, she 9 pointed to that and said pretty much anything falls 10 underneath that. We really have no argument against it, 11 because obviously what had happened -- I mean, this is so 12 vague that it does fall underneath it, but we have no 13 argument. 14 Q With regards to the suspension, did you talk with 15 Jackson the day that he was called into Mr. Robinson's 16 office? 17 A Yes. 18 Q And did Jackson tell you what had happened that day? 19 A Yes. 20 Q Did he tell you -- did he indicate what his 21 punishment was going to be? 22 A Yes. I mean, from the -- from the moment we heard 23 about it, he had said that he was MR. PORTER: Objection to the question to the 25 extent it calls for hearsay.

20 J. Fletcher - Direct 20 1 THE COURT: Response, Counsel. Are you offering 2 it for the truth of the matter asserted? 3 MR. BRAGUE: Not for the truth of the matter 4 with regard to the conversation between him and his son, 5 but with regards to the fact that the punishment being 6 known at the time of its occurrence would fall under one 7 of the exceptions of hearsay. 8 THE COURT: Which exception? 9 MR. BRAGUE: It would fall under excited 10 utterance or present sense impression. 11 THE COURT: Sustained. 12 MR. BRAGUE: On that basis. 13 THE COURT: Sustained. 14 MR. BRAGUE: Okay. 15 THE WITNESS: So THE COURT: You may ask your next question. 17 MR. BRAGUE: Yes, Your Honor. 18 No further questions. 19 THE COURT: All right. Mr. Porter or 20 Ms. Barton. Either one of you. 21 CROSS-EXAMINATION 22 BY MR. PORTER: 23 Q Mr. Fletcher, just a couple of questions. Do you 24 still have the document in front of you that Mr. Brague 25 was asking you about, the administrative

21 J. Fletcher - Cross 21 1 directive? 2 A Yes. 3 Q In the section, Mr. Brague was asking you about, 4 definition C1, talks about aiding and facilitating 5 drug-related activity. Do you see that? 6 A Yes. 7 Q You understand that the school district's policy 8 includes alcohol in its definitions of drugs, correct? 9 A Yes. 10 Q Wouldn't you agree that giving money to someone to 11 purchase alcohol facilitates drug-related activity? 12 A Yes. 13 Q You had received a copy of the drug and alcohol 14 policy previously from the district, correct? 15 A This right here? 16 Q Not necessarily that copy. There has been testimony, 17 and I think there is testimony in your declaration about a situation A Yes. 20 Q -- involving a party, correct? 21 A Right. Yes. 22 Q The situation involving that party was about the drug 23 and alcohol policy, correct? 24 A Yes. 25 Q At that time the Wilson administration had sent a

22 J. Fletcher - Cross 22 1 copy of the policy to you and the part about the appeal of 2 the policy, correct? 3 A I don't remember for sure, but it is very possible, 4 yes, we did see that. 5 THE COURT: When you are referring to the party 6 back in 2012, you are talking about the school dance, 7 correct? 8 MR. PORTER: Yes. 9 THE COURT: Okay. 10 BY MR. PORTER: 11 Q Mr. Brague asked you a little bit about the hearing 12 with Ms. Lamont and Mr. Robinson. 13 A Yes. 14 Q Ms. Lamont did ask the question, "Is there anything 15 you would like to add or questions that you have," didn't 16 she? 17 A Yes. 18 MR. PORTER: May I approach to give Mr. Fletcher 19 a copy of this declaration? 20 THE COURT: You may. 21 BY MR. PORTER: 22 Q Mr. Fletcher, I have handed you a copy of your 23 declaration. Do you recognize it? 24 A Yes. 25 Q That's a declaration that you filed in this lawsuit,

23 J. Fletcher - Cross 23 1 correct? 2 A Yes. 3 Q You testified in paragraph 8 of your declaration the 4 school did not provide copies of any documents and did not 5 ask or allow J.F. to offer rebuttal evidence or testimony, 6 correct? 7 A Where is it? 8 MR. PORTER: Paragraph 8. 9 THE COURT: 8, page THE WITNESS: Yes. This is correct. 11 BY MR. PORTER: 12 Q Wouldn't you agree that "Is there anything that you 13 would like to add or questions that you might have" is an 14 opportunity to offer rebuttal testimony? 15 A I don't remember the exact wording she used inside of 16 the hearing. I think what it would be, "Is there anything 17 else you would like to add?" I also think that one of the 18 issues that we had was a lot of it was right after she had 19 made the comment about the texting component, that we were 20 completely caught off guard. 21 At some point I'm sure she did say, "Is there 22 anything else you would like to add?" We did add a few 23 things, yes. But what I was referring to I guess was her 24 directing at Kerri and I and not at Jackson. 25 THE COURT: I'm not following that. Could you

24 J. Fletcher - Cross 24 1 explain that a little bit more. 2 THE WITNESS: So the overall hearing was about 3 Jackson. A lot of what we did -- a lot of the 4 conversation was directed and talked to us. There was 5 really no point in time where she was directing anything 6 at Jackson. And when they asked if you have more 7 questions, it was not like she was facing him or directing 8 the questions to him. She was talking to us. 9 BY MR. PORTER: 10 Q Does it sound familiar that Ms. Lamont asked Jackson 11 if what Mr. Robinson had said was accurate? 12 A I don't remember that part. 13 Q Jackson did speak some during the hearing, correct? 14 A Very, very little. He made a couple of small 15 comments, and he made a comment about the previous incident about one of the girls getting off that had 17 played sports. 18 MR. PORTER: Nothing further at this time. 19 THE COURT: Redirect. 20 MR. BRAGUE: I have no redirect, Your Honor. 21 THE COURT: All right. Mr. Fletcher, thank you 22 very much, sir. You may step down. 23 EXAMINATION 24 BY THE COURT: 25 Q Jackson, there was something I forgot to ask you.

25 Examination by the Court 25 1 You don't have to come back up. If you could speak into 2 the microphone, I have a follow-up question for you, and 3 then I will give it back to the lawyers to see if they 4 have anything for you. 5 At the Subway station in Hillsdale, when you 6 first had the conversation with your friend, and they 7 offered to buy alcohol, and you said you gave the $10, by 8 the way, that was after school, right? 9 A Yeah. 10 Q What was your expectation at that time? When would 11 you be getting the alcohol and where? 12 A He said within a few days, and he said I could just 13 swing by his house and go get it. So then I said, "I 14 don't want it anymore." He said, "Okay." 15 Q When you said "I don't want it anymore," that 16 happened the next day? 17 A Yes. 18 Q At the time in the afternoon when you first said you 19 did want it and gave him the $10, it was your expectation 20 that you could come by his house in the next few days and 21 pick it up there? 22 A Yes. 23 THE COURT: Mr. Brague or Mr. Porter, does that 24 spark any further need for questions by you? 25 MR. BRAGUE: No, Your Honor.

26 Examination by the Court 26 1 THE COURT: Mr. Porter? 2 MR. PORTER: No, Your Honor. 3 THE COURT: All right. You may continue, 4 Mr. Brague. 5 MR. BRAGUE: I would like to call Kerri Fletcher 6 to the stand. 7 (The witness was duly sworn.) 8 Please be seated. State your name for the 9 record. 10 THE WITNESS: Kerri Fletcher. 11 DIRECT EXAMINATION 12 BY MR. BRAGUE: 13 Q Ms. Fletcher, when did you first learn that Jackson 14 would be suspended from lacrosse for 28 days? 15 A On April 1st. 16 Q How did you learn that? 17 A Jackson MR. PORTER: Objection. Hearsay. 19 THE COURT: Is it offered for the truth of the 20 matter asserted? 21 MR. BRAGUE: Yes, Your Honor. 22 THE COURT: Any exception to the hearsay rule? 23 MR. BRAGUE: No, Your Honor. 24 THE COURT: Sustained. 25

27 K. Fletcher - Direct 27 1 BY MR. BRAGUE: 2 Q Did you have a conversation with Ms. Lamont on or 3 about April 1st? 4 A No. 5 Q When you first learned of the discipline of Jackson, 6 who did you contact first at Wilson? 7 A I contacted Dean Robinson -- he called me and I was 8 told to make an appointment with Ms. Lamont's secretary. 9 Q Did you do that? 10 A Yes. 11 Q What happened after that? 12 A My husband and I made an appointment -- actually, can 13 I back up? We made an appointment. Ms. Lamont was too 14 full, so we had made an appointment with the other vice 15 principal. We saw -- when we came to the meeting, 16 Ms. Lamont was in that meeting as well. 17 Q That was on April 3rd? 18 A Correct. 19 Q Did Ms. Lamont indicate to you what the punishment 20 would be for Jackson? 21 A Yes. She told us it would be good for Jackson, and 22 he would be suspended for 28 days. 23 Q Did you ever receive a copy of any of the text 24 messages? 25 A No.

28 K. Fletcher - Direct 28 1 Q Is Jackson currently participating in lacrosse? 2 A He is practicing. 3 Q How many games are there going on right now or 4 scheduled? 5 A We have -- I would have to look. He has so far 6 missed three games. 7 Q To your knowledge, has Jackson been scouted by any 8 colleges or universities? 9 A Yes. 10 Q Do you know how many? 11 A We have had Portland State contact us, and we have 12 gotten letters -- I don't remember the name of the 13 colleges, but, yes, we have. 14 Q Are you anticipating similar activity to continue 15 this season? 16 A Yes. 17 Q Do you know when the college application deadline 18 generally falls? 19 A Yes. Usually it is in the fall. 20 THE COURT: Of one's senior year? 21 THE WITNESS: Correct. 22 THE COURT: And Jackson is currently a junior? 23 THE WITNESS: Correct. This would be his last. 24 THE COURT: His last spring? 25 THE WITNESS: Yes. His last spring before

29 K. Fletcher - Direct 29 1 applying to college. 2 THE COURT: Right. 3 BY MR. BRAGUE: 4 Q Were you at the hearing? 5 A Yes, I was. 6 Q Were any alternatives other than the 28-day 7 suspension ever offered by Wilson High School? 8 A No. 9 Q Were you aware if any alternatives existed? 10 A No. 11 Q And was this Jackson's first offense for the 12 activity? 13 A Yes. 14 MR. BRAGUE: No further questions. 15 THE COURT: Cross-examination. 16 CROSS-EXAMINATION 17 BY MR. PORTER: 18 Q Ms. Fletcher, Mr. Brague asked you about scouting at 19 lacrosse games. Do you have any information about what 20 goes into an institution determining whether to offer a 21 scholarship? 22 A Yes, I do. 23 Q What do you know about it? 24 A Both of our boys have been involved in a select Oregon Select Lacrosse Team, which is a highly elite team.

30 K. Fletcher - Cross 30 1 They have traveled all over the United States. As part of 2 that team, the information that we, as parents, get is 3 about colleges and scouting. 4 Q Do you understand there are potential academic 5 regulations as to whether or not a student is able to 6 obtain a scholarship or participate? 7 A Yes, I do. That's why we have also been looking at 8 junior colleges. 9 Q Do you know of any specific junior college that has 10 ever attended a game? 11 A No. 12 MR. PORTER: Nothing further. 13 THE COURT: Redirect? 14 MR. BRAGUE: No redirect, Your Honor. 15 THE COURT: All right. Ms. Fletcher, thank you 16 very much. You may step down. 17 Do plaintiffs have any more witnesses? 18 MR. BRAGUE: No, Your Honor. 19 THE COURT: All right. Do defendants have any 20 witnesses? 21 MR. PORTER: May I confer with my client for a 22 moment? 23 THE COURT: You may. 24 MR. PORTER: Thank you, Your Honor. The 25 defendants will call John Robinson.

31 J. Robinson - Direct 31 1 (The witness was duly sworn.) 2 THE CLERK: Thank you. Please be seated. 3 Please state your name for the record, spelling your last. 4 THE WITNESS: John Robinson. R-O-B-I-N-S-O-N. 5 DIRECT EXAMINATION 6 BY MR. PORTER: 7 Q "Dean Robinson," is that an appropriate way to 8 address you? 9 A Yes. 10 Q Dean Robinson, are you familiar with the 28-day bar 11 from representing Wilson in activities that can be a 12 violation of the drug and alcohol policy? 13 A Yes. 14 Q Let me ask you a little bit of background actually. 15 How long have you been an administrator? 16 A I am not a certified administrator. I am what they 17 call a TOSA, a Teacher Of Special Assignment. I have been 18 the Dean of students at Wilson for seven years. 19 Q What are your responsibilities as Dean of Students? 20 A To support the rules and regulations of the Portland 21 Public Schools. Also, I work with the students with their 22 attendance. 23 Q Do you have involvement in the discipline processes 24 through that role? 25 A Yes, I do.

32 J. Robinson - Direct 32 1 Q And I think I asked you right out of the gate about 2 the 28-day bar from representing Wilson. Do you have an 3 understanding as to the reason for that rule, what it is 4 meant to accomplish? 5 A There are a couple of things that it is meant to 6 accomplish. One would be to give the students time -- one 7 of the other pieces of the discipline would be Insight 8 Class or an alternative program. I think 28 days is a 9 chance to give them an opportunity to complete that and 10 get some education about alcohol or drugs. 11 The other part would be to reflect on the 12 ability to be a good student in school. On the 28 days, 13 they still get to participate with their teammates during 14 practice. The only thing they cannot do is represent 15 Wilson in activities. They still would be at practice. 16 They can be at the games. They just cannot participate in 17 that or represent Wilson during those 28 days. 18 Q There has been some testimony today about the Subway 19 restaurant near Wilson. Are you familiar with that? 20 A Yes. It is right around the corner from the school. 21 Q What would be happening during -- I think 22 Mr. Fletcher -- Jackson Fletcher testified that he was at 23 the Subway after school. What would be going on after 24 school in March of 2014 otherwise after school in terms 25 of --

33 J. Robinson - Direct 33 1 MR. PORTER: I would like to rephrase my 2 question. 3 THE COURT: Me too. 4 BY MR. PORTER: 5 Q What do lacrosse team members do when school is over? 6 A Specifically, I do not know. In general, our student 7 athletes would -- if they are waiting for practice, they 8 might go down and get a sandwich, come back to school. 9 But usually they stay fairly close to school so they are 10 not late for practice. 11 Q Does lacrosse practice in the spring, to your 12 knowledge? 13 A Yes. 14 Q And in the March of -- March, I guess, that's before 15 spring? 16 A Yes. 17 Q Do you have an understanding of whether lacrosse was 18 practicing in the month of March of this year? 19 A Yes. 20 Q Do you have an understanding of the district's drug 21 and alcohol policy as it applies to students who 22 participate in athletics? 23 A Yes. 24 Q What is your understanding of that? 25 THE COURT: One second. I want to make sure we

34 J. Robinson - Direct 34 1 are talking about the same document. Are we talking about 2 Administrative Directive AD or some other 3 document? 4 MR. PORTER: Is the declaration of Ms. Lamont 5 still up there? May I approach the witness? 6 THE COURT: Mary, do you have that declaration? 7 THE CLERK: No. 8 MR. PORTER: I'm handing Dean Robinson a copy of 9 Ms. Lamont's declaration. It is Exhibit THE COURT: All right. So the answer to my 11 question is, no, you are not referring to the 12 Administrative Directive AD, correct? 13 MR. PORTER: That's correct. 14 THE COURT: Now you want me to look to Exhibit 4 15 to declaration, and that's fine. 16 BY MR. PORTER: 17 Q Are you familiar with that document, Dean Robinson? 18 A Yes. 19 Q Page 3 of Exhibit 4. Is that the drug and 20 alcohol-related policy that is set out in district 21 handbooks and the like? 22 A Yes, it is. 23 Q Do you see the statement concerning athletics? 24 A Yes, I do. 25 Q Is that an accurate statement of the school

35 J. Robinson - Direct 35 1 district's view -- school district's policy concerning 2 athletics? 3 A Yes, it is. 4 THE COURT: When you say the "district 5 handbook," what were you referring to? Are you referring 6 to the student handbook? 7 MR. PORTER: No. Mr. Brague actually submitted 8 some additional materials. 9 THE COURT: I thought what he submitted was the 10 student handbook. 11 MR. PORTER: He also submitted The Guide to 12 Policies, Rules, Procedures on Student Responsibilities 13 and Regulations. 14 THE COURT: I see. That's Exhibit 2 to the 15 Brague declaration? 16 MR. PORTER: Yes, it is. 17 THE COURT: That's what you are referring to by 18 "district handbook"? 19 MR. PORTER: Yes. 20 THE COURT: Okay. Thank you. 21 MR. PORTER: Nothing further for Dean Robinson 22 at this time. 23 THE COURT: All right. Cross-examination. 24 MR. BRAGUE: Thank you, Your Honor. 25

36 J. Robinson - Cross 36 1 CROSS-EXAMINATION 2 BY MR. BRAGUE: 3 Q Mr. Robinson, when is the first lacrosse game? 4 A I do not know. 5 Q And when did practice start for lacrosse players? 6 A Practice or individual workouts, because they've 7 worked out all winter long? 8 Q Practice as a team. 9 A I'm not sure of the start date. 10 Q One of the first questions that Mr. Porter asked you 11 was this 28-day bar from representing Wilson. Do you 12 recall that question? 13 A Yes. 14 Q Does that also include exclusion from other 15 extracurricular activities, such as prom? 16 A It would include that, yes. Anything representing 17 Wilson. 18 Q Can you give me a list of what that would be in 19 addition to not participating in games and not going to 20 prom? 21 A If they were in a drama play. If they had any other 22 school-sponsored activities that they were involved in. 23 Q Does that include just being a student? So if there 24 was a play going on, they couldn't attend the play? 25 A They could not be in the play, but they could attend

37 J. Robinson - Cross 37 1 as a member. 2 Q Were you aware that Jackson has not been allowed to 3 sit on the bench during lacrosse games? 4 A I'm not aware of that. 5 MR. BRAGUE: No further questions. 6 THE COURT: Dean Robinson, I do have a few 7 questions for you. 8 EXAMINATION 9 BY THE COURT: 10 Q The hearing that was held April 3rd or April 4th. 11 A Yes, the official hearing. 12 Q The official hearing. When was that? 13 MR. PORTER: April 4th. 14 BY THE COURT: 15 Q At that hearing, were you the hearings officer or was 16 Vice Principal Lamont? 17 A Ms. Lamont. 18 Q Okay. But your role was to present evidence; is that 19 correct? 20 A Correct. 21 Q All right. By the way, the Subway restaurant you 22 described, that's off school premises, correct? 23 A Correct. 24 Q Do you know when the prom is scheduled for this year? 25 A Last Saturday evening in April.

38 Examination by the Court 38 1 Q Last Saturday in April is the 26th. 2 A Yes. 3 Q Now, I am looking at the Administrative Directive AD, the administrative directive on alcohol, 5 other drugs, and tobacco. It says under Section 1A, "The 6 use, possession, or sale of alcohol, drugs, and tobacco 7 are not tolerated on any school district property or at 8 any school activity by students and others." 9 We also know that, under definitions, 10 "drug-related activity" includes "any act of assisting or 11 promoting such activity." 12 At the time you were presenting evidence at the 13 April 4th hearing, did you have any evidence that 14 Jackson Fletcher was involved in any alcohol activity in 15 any way on any district property or at any school 16 activity? 17 A No. 18 Q Did you make it clear to Jackson Fletcher and his 19 parents at that hearing -- let me take a step back. Am I 20 correct then, in interpreting that there was no violation 21 by Jackson Fletcher of Administrative Directive AD, that was your opinion at the hearing? Am I 23 correct? 24 A Could you restate that? 25 Q Sure. Was it your opinion at the hearing on

39 Examination by the Court 39 1 April 4th, that there was no evidence of any violation by 2 Jackson Fletcher of Administrative Directive AD? 3 A No. 4 Q So I am correct that it was your opinion that there 5 was no violation? Is that correct? 6 A No, I believe there was a violation. 7 Q Okay. Tell me then what you believe the evidence was 8 that showed that there was a violation of Administrative 9 Directive AD. 10 A By Jackson giving the money, he was helping to 11 promote and assist in the purchase of drugs and alcohol 12 during school hours -- in this case it would be just 13 alcohol -- during school hours; therefore, I think there 14 was a violation. 15 Q If you would have concluded that there would not have 16 been a violation of , would there still have been 17 the 28-day suspension or penalty? 18 A If there would not have been a violation, there would 19 not have been a suspension. 20 Q There would have been a 28-day suspension? 21 A Correct. 22 Q Now, when I hear your answer that you believe that 23 there was evidence that Jackson was assisting or promoting 24 alcohol-related activity during school hours, what is the 25 evidence that you believe existed at the time or that you

40 Examination by the Court 40 1 presented that showed that Jackson was doing anything that 2 would assist or promote alcohol-related activities during 3 school hours? 4 A The texting between the other two students clearly 5 stated that the alcohol was going to be bought at lunch; 6 that Jackson gave the money to the other student within 7 our -- he stated it was right after school, between that 8 and his practice. That is within our jurisdiction of care 9 for our students. 10 Q Where does it say that in ; namely, that 11 something that happens off school premises at the Subway 12 after school hours is still within your jurisdiction? 13 A I'm not sure if it states it in that manner. 14 Q I don't see it there. 15 I understand from the documents that the text 16 involves students other than Jackson, correct? 17 A Correct. 18 Q Was there any evidence either in the text or any 19 other evidence that you had that Jackson was aware that 20 these students intended to buy alcohol during the lunch 21 hour? 22 A When Jackson was called to my office, and I talked to 23 him about the text, he understood completely what they 24 were about. He acknowledged that he knew what the texts 25 were about. He said, "Well, we have to get our stuff from

41 Examination by the Court 41 1 somewhere." 2 Q Right. But that really doesn't answer my questions, 3 so let's drill down a little further. 4 I assume what Jackson said to you is consistent 5 with what he said today -- 6 A Right. 7 Q -- that at the Subway in Hillsdale, after school, he 8 agreed to pay $10 for some friend to buy alcohol. Now, he 9 also told me that it was his expectation that he would 10 then pick up that alcohol a couple of days later at that 11 friend's house. I am hearing from you that the text 12 messages to which Jackson was not a party seemed to 13 indicate that those people would be buying alcohol at the 14 lunch hour. Do I have that right? 15 A Correct. 16 Q Is there any evidence that Jackson said in your 17 presence to you that led you to believe or that would 18 support a conclusion that Jackson knew that they were 19 going to buy the alcohol during lunch hour as opposed to 20 after school? 21 A Maybe not that he knew that they were going to buy it 22 at lunch, but he also received the money back during 23 eighth period during our school day. 24 Q Let's take it one step at a time. So you have 25 answered my first question. There is no evidence you are

42 Examination by the Court 42 1 aware of that he knew that they were going to buy alcohol 2 during school hours? 3 A I can't answer that. 4 Q Well, the question is, and I think you can answer 5 this one: Were you aware of any evidence that 6 Jackson Fletcher had any reason to believe that they were 7 going to buy alcohol during school hours at the lunch 8 hour? 9 A I thought the statement about having to get his stuff 10 from somewhere, to me, seemed like he knew that they were 11 going to be purchasing it during school. 12 Q Why do you draw that conclusion from "you have to get 13 it somewhere"? Why isn't that totally consistent with, 14 yeah, they are going to buy it, and I am going to go to 15 their house later and pick it up? 16 A Because when I read the messages, it stated in there 17 that -- and he did not -- it stated in there that they 18 were going to buy it during lunch. He never disputed that 19 fact. He never made the comment that they were going to 20 buy it some other time or that he was going to pick it up 21 after school or on the weekend or whatever. 22 Q Okay. Now, with respect to the comment that he got 23 the $10 back in school, is it your position that -- and 24 let's take Jackson's word on this statement -- when 25 Jackson said the next day, during school hours, "I've

43 Examination by the Court 43 1 changed my mind, I don't want to buy alcohol, give me my 2 money back," is that an act of assisting or promoting 3 alcohol activity to say, "I've changed my mind, don't do 4 it, I don't want to participate"? 5 A I look at it as part of that whole process. 6 THE COURT: All right. Did that spark any 7 questions? Let's go first -- you called the witness, 8 Mr. Porter. Let's go to you, and then we will go to 9 Mr. Brague. 10 REDIRECT EXAMINATION 11 BY MR. PORTER: 12 Q Dean Robinson, Judge Simon asked you about the 13 Subway. Is it immediately about the grounds of the 14 school? 15 A It is within 100 feet of school property. 16 Q Do people kind of go back and forth from the school 17 to that Subway? 18 A Yes. 19 Q The question that Judge Simon asked you about being 20 at school, does that make any difference in your mind 21 whether Jackson gave money at school or out of school, 22 given his athlete status? 23 A In terms of the athlete, it doesn't matter where he 24 is at. 25 MR. PORTER: Nothing further at this time.

44 Further Examination by the Court 44 1 THE COURT: Let me follow up on what Mr. Porter 2 just said. 3 EXAMINATION 4 BY THE COURT: 5 Q You said in terms of his athlete status, it doesn't 6 matter where he is at, but you told me a few minutes ago 7 that you agreed that if there were no violation of AD, there would be no 28-day suspension, correct? 9 You told me that a few minutes ago. 10 A In terms of -- we have a policy for students, and 11 then we have a policy also for our athletes. 12 Q Let's just make sure I heard you correctly. 13 Did you tell me a few minutes ago that if there 14 was no violation of AD, there would be no 28-day 15 suspension? 16 A I'm not sure about what document you are talking 17 about. I don't know if I have that in front of me. 18 Q Sure. It is the alcohol, other drugs, and tobacco 19 document. So the question to you that I probably asked 20 you about five minutes ago, and we both have a transcript 21 and also my recollection is not that bad, I think I heard 22 you say that if there were no violation of AD, 23 then there would be no 28-day suspension. 24 Do you recall saying that a few minutes ago? 25 A Yes.

45 Further Examination by the Court 45 1 Q The document that I handed you, AD, is there 2 anything in that document or that regulation about 3 basically what I will call the 24/7 athlete policy? 4 A I don't see our athletic policy on this document. 5 THE COURT: Neither did I. Thank you. 6 Let me turn it over to Mr. Brague and back to 7 Mr. Porter. 8 MR. BRAGUE: Thank you, Your Honor. 9 RECROSS-EXAMINATION 10 BY MR. BRAGUE: 11 Q Mr. Robinson, I wanted to confirm that the Subway, 12 you said, is about a hundred feet away from the Wilson 13 campus? 14 A Approximately. 15 Q There is a ballet theater between the campus and 16 Subway? 17 A Correct. 18 Q You said you have jurisdiction after school. Is 19 there a teacher at the Subway? 20 A No. 21 Q Is there an administrator? 22 A No. 23 Q Is there a school resource officer? 24 A At times. 25 Q Is there a -- every day after school?

46 J. Robinson - Recross-Examination 46 1 A Our campus monitors are down there on a regular 2 basis. 3 Q Are they down there every day after school as part of 4 their regular duties? 5 A Not every day. 6 Q Do their regular duties require them to be at Subway 7 to supervise that area after school? 8 A Not specifically at Subway, but in the general 9 vicinity. 10 Q Do you supervise the campus monitors? 11 A I am part of the campus security office. I don't 12 specifically direct them as to their responsibilities. 13 Q Do you supervise the Subway and the surroundings 14 area? 15 A No. 16 Q Is it a school bus stop? 17 A There is a bus stop down there. It is a city bus 18 stop. 19 Q But it is not a Portland Public School designated bus 20 stop? 21 A No. 22 Q Then at the Subway, if a student gets hurt after 23 school, is Portland Public Schools liable for that? 24 MR. PORTER: Objection. 25 THE COURT: Sustained. That's argument.

47 J. Robinson - Recross-Examination 47 1 BY MR. BRAGUE: 2 Q Did you ever give copies of the text messages to the 3 Fletchers? 4 A I did not. 5 Q Did you ever show copies of the text messages to 6 Jackson on April 1st? 7 A Yes, I did. 8 Q How did you show him copies? 9 A I handed it to him across my desk. 10 Q Did you let him keep those? 11 A No. 12 Q Did he read them? 13 A I believe he did. 14 Q Do you believe he did, or do you know that he did? 15 A I cannot speak for him. He looked at them. They 16 were on my desk. 17 Q How many text messages were there? 18 A I can't say for sure. There were multiple ones, more 19 than 20 probably. 20 Q How many pages did they comprise? 21 A Four to five pages probably. 22 Q And did you confirm at that time that he had not sent 23 or received any of those text messages? 24 A Can you ask the question again? 25 Q At the time on April 1st when you showed Jackson

48 J. Robinson - Recross-Examination 48 1 these text messages, did you confirm that any of the text 2 messages came from him? 3 A I never told him that they came from him. 4 Q Did you show the text messages on paper or on your 5 computer? 6 A On paper. 7 Q Do you still have a copy of those? 8 A I do at my work. 9 Q And the Fletchers asked you for a copy of those text 10 messages, didn't they? 11 A No, they did not. 12 THE COURT: You don't have copies with you today 13 or in the building? 14 MR. PORTER: We do have copies of them. 15 THE COURT: Okay. 16 BY MR. BRAGUE: 17 Q Did you investigate the matter with the other 18 students and these text messages? 19 A Yes, I did. 20 Q What day did Jackson give this other student $10? 21 A You would have to look at the text messages. 22 Q Are they in the text messages or just texts about 23 what was going to transpire? 24 A The dates that that happened, the date is on the text 25 messages.

49 J. Robinson - Recross-Examination 49 1 THE COURT: Mr. Porter, can you provide text 2 messages to both Mr. Brague and the Court? If you need to 3 redact the names of the other students, we can do that. 4 MR. PORTER: We have done that. That was one of 5 the requirements. 6 THE COURT: You can give a copy to the witness 7 too. 8 BY MR. BRAGUE: 9 Q Mr. Robinson, do you have a copy of the text messages 10 before you? 11 A Yes, I do. 12 Q Is it your testimony that this is what you handed 13 Jackson? 14 A I put it across him on my desk and said, "This is 15 what we're talking about." 16 Q Did you print these out? 17 A I think I printed the original copies. 18 Q What's the first date of these messages? 19 A March 14th. 20 Q What time does school start? 21 A First class starts at 8: Q What time does school end? 23 A Last class is over at 3: Q In looking through this newly delivered exhibit, can 25 you tell me on what page -- I want to confirm that Jackson

50 J. Robinson - Further Redirect 50 1 is not the author or recipient of any of these text 2 messages; is that correct? 3 A That is correct. 4 Q Again, going back to my other question, when did 5 this -- what day did the transaction occur between Jackson 6 and this other student? 7 A I could not tell you that. 8 MR. BRAGUE: No further questions, Your Honor. 9 THE COURT: All right. Mr. Porter. Anything 10 from you, sir? 11 REDIRECT EXAMINATION 12 BY MR. PORTER: 13 Q Yes. Dean Robinson, when Jackson Fletcher came to 14 meet with you on April 1st, so this is the first meeting, 15 why don't you just describe what happened. 16 A Jackson came in to our office. He wanted to know why 17 he had been called down to our office. I explained to him 18 that we had text messages that his name had came up in 19 related to buying alcohol at school. I then said if you 20 are found in violation of our alcohol/drug policy, the 21 consequences would be Insight Class, which is four 22 Wednesdays in the evening, an hour and a half each, and 23 also a 28-day suspension of representing Wilson. 24 When I said we have these text messages, he 25 said, "I know what you are talking about." When I read