Free Motion in Limine - District Court of Arizona - Arizona

Case 2:03-cv-02306-JAT Document 61-7 Filed O3/17/2006 Page 1 013

1
1 IN THE UNITED STATES DISTRICT COURT ARIZONA
l
3 & TOWANDA LYON, fOJ:" )
TARALYN D., LYON, .)
4 } `
1;>1e1m;1fi, )
5 }
VS. ") NO. CV-O3—23.0.6P`-H‘X-JAT
6 )
ESTRELLA FOOTHILLS HIGH )
7 SCHOOL, et: al., )
- }
8 Def end-an-t:S . }
M
.9
10
_ 11
{ I, _ 12 DEPCOSITION OF HENRY SCI-IMITT

. 13. .
0 Pixoemix, Arizona .
14 Neve-mber 15, 2[OO5
11:00 ami.
15
.16;
17
18. `
19 CONDENSED COPY
20 Ofifmcw 6} A54w0E0:.fe¢;, Im;·;
2800 N. Central, Ste. 150
21 _ _ _ _ Phoenix, Arizona 85004
PREPARED FOR: (602)‘485-I488
22 , , , M;66--485-1444 ITD
MS. GEORGIA A. STATON RECE}·#*····
23
UTI T 1 21105.
`? `‘‘‘ ·* ·‘’` ' 24 (Copy) Reported by: _
` Nicole -Scheff11e1·, RPR GAS
2-5 Az Certified Report-er No. 50671
OTTHAR & ASSOCIATES. INC.
Case 2;03-ev-02306-JAT Document 61*-6/02) é§G5d-OS/qg/2006 Page 2 of 3

1 A No. "Y 1 eoaoumouoraunrrosesrtrelstesrorrermpostron if
2 Q, So the sarnettting happens whether they contest it 2- of discipline?-
3 gr mr? It goes up to thegoveming board, .ano they do what 3T A. Not important.
4 with it? 4 O. what about the number of offenses-the student has?
5 A, They make the hnal decision. of How important is thetas it relates to the imposition of
6 Q. Okay. And in your-experience during the tive B discipline?
y that you worked as superintendent, did the-governing 'r’ A That- is important.
8 board accept the recommendation ofthe hearing 3 important is that?
g office _ = . . , if you continue -tc have violations, well,
rg A Not necessarily. 1ft then, ·~· lng to-whatever the discipline policy is-at the
lt O. How often did they not--acmpt-the recommendation 11 school, itwould add up.
rg or-tire hearing officer? 12 O. Okay. So repeat offenders would have increased
13 A. You know. I can‘t-puta percentage on that. 13 discipline? is that an accurate statement'? _
14 Q. Was it more often than not or less often than not? 14 A. No, It is not accurate.
-15 lfyou can answer. 15 Q. Okay. So what do you mean tl1at"it would add up?
rg A I'd say less. often than- not, ensuring that weare to A Well, if you have -- and I'm - you know, I'm a
17 consistent across the board. 17 few years out from the system at Buckeye. But if you had-a
18 Q. Well, you keep saying consl_stenl. Consistent to 18 C, B, or Aoltense. if- you continued, you could rnove from a
19 what-? 19 E category to a B all the way up to an A.
2u A. Consistent to policy. 20 Q. Oh. l seo.
-21 Q. And the policy as it relates to the-oticnses or 21 A. Depending on the severity ofthe violation ol
22 the student? 22 discipline.
23 A. To the offenses. 23 O'. S.o a person that committed thesame offense could
`24 All rightHSo it dioesntt- matter about the 24 have it..lncreased in severity by group category? ls that
25 stud |t's the o onset ats important? 25 what I'm understanding?
¤"1!'l"I.\R G IFSOQIATRS., IWC. ¤1"¤tMr.· 6 ABBbC1L1'l¤. 1:iC..
(util']-IE5-11.88 {6021 4-85-lil-IS l
t A. No. It‘s the offense. 13 -t A lf they moved from one category to another. 20
2 0. Okay,. Lets look at Exhioit 1 briefly, which l 2 Q. Okay. So ltwould be - lets say a persononone
3 think is theother document that we-hav. Do you recognize 3 day brought-tobaccoano was caught and disciplined: aweek
4 that document? 4 later, brought tobacco again. Would their otterise increase
g rg Yes. _ 5 because they committed the same .oftense--twice?
. What is that? B A Yes.
T A. Same. basically. as the other one. This is 7 O. Okay. tithe person brought tobacco. on the hrst
8 Buckeye;‘Unron Hlghlsctiool; this was Estrella Foothills; 8 :day_and then two weeks later brought marnuana, would the
9 - Q. Okay. And on that document, we have some 9 offense increase because of-those set offactstl
lll handwritten notes. Did you make those handwritten notes? 10 A Yes.
I1 A. No, _ _ 11 Q; Okay. Let's`ta`lk about offenses just briefly.
3 Bo you know whodid? 12 You say there are group- offenses. At the tirnc you wcrerthe
. o. 1.3 administrator, th superintendent ofschools for the Buckeye.
14 l How importantis grade point average when imposing i4- School District, what were considered Group A offenses?
13 A ‘ll$‘?lPllli8 for a particular offense? 1-5-· Group-A would be such things as consumption of
W A |t's not important 16. alcohol, itwould be bringing a weapon to- school. Those
18 0. l How snporlant is the students participation in 1.7 would be two examples.
·r ””i.°"'"‘lt’.1'r?.°‘*’li?t}**‘°"“ it it ai‘ f’i..t".$i“ti°“”‘°’* rr
_. pc n- . nga " ,-eieve,wasin eretoo,
MS. STATON: Okay: Let him finish the question. 2D although I don’t recall.
Tl·|E W|TNESS: All right. 21 O. Okay. What about tobacco? Do you know what group
. MS. STATON-: Couldyou ask the question again? 22. that was put in?
4 BY MR. COLLINS: twill repeattlte question. 23 A. I'm not sure.
MR. CO1.LlttS: 24 MR. COLLINS: Idonthaye anylurthcr questions.
Q How rnportantls-the students participation ln 25 MS. STATON: Okay. Weil read and sign.
-¤¤l¤1t. s nndcliuna. mc. -¤·n.·|.u s aasdcurra-. um.
I'.60l}lI! 1·I|I. (6.01}.llS-lll!
Case 2:03-cv-02306-JAT Document 61-7 Filed O3/17/2006 Page 3 of 3

Case 2:03-cv-02306-JAT

Document 61-7

Filed 03/17/2006

Page 1 of 3

Case 2:03-cv-02306-JAT

Document 61-7

Filed 03/17/2006

Page 2 of 3

Case 2:03-cv-02306-JAT

Document 61-7

Filed 03/17/2006

Page 3 of 3