Free Motion in Limine - District Court of Arizona - Arizona

Case 2:03-cv-02306-JAT Document 61-6 Filed O3/17/2006 Page 1 014

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
C In Re The Matter of; )
KENNETH LYON & TOWANDA LYON for )
TARALYN D. LYON. )
, ) v
Plaintiffs, g No. CVO3-2306PHX-JAT
vs. )
, )
ESTRALLA FOOTHILLS HIGH SCHOOL )
and SUPERINTENDENT OF SCHOOLS )
for ESTRALLA FOOTHILLS SCHOOL J
HENRY E. SCHMIDT, ERIC GODFREY. )
JERRY NUNEZ, NARTY ARAMBEL. )
PHILLIP ECHEVERRIA, JEANNIE GUY, )
JERRY KERR and GARY MAYFIELD, g
Defendants. )
DEPOSITION OF PHILLIP ECHEVERRIA
Phoenix, Arizona
February 3, 2006
_ 2:30 p.m.
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CONDENSE Certified Reporter #50286
(COPY)
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{602) 485-1-488

DEPOSITION OF PHILLIP E·CHEVERR·IA — 2/3/06
5 T
L- 1 A, Buckeye Uni-on High S‘c`ho¤}l. 1 A. That even-1 ng I believe there was three girls that
2 Q-, And from what year did you begin and what year 2 was in the- high school -an‘d they were caught drinking on
3 did you end? 3 grounds. and we had to -- they wanted ahearing so we had
·4 A. Hou --- 4 a hearing.
5 Q. I asked -yo_u_ a_ hard question, didri"t I-? 5 Q. bo you remember what discipline you imposed on
6 A. Yeah., 15 years-. '75. thatwould be *92. If I-‘m I 6 them that night?.
7 correct in that, I1s.t·ar‘ted either around '92. and I was 7 A. we basically -- Let's see- we normally imposed
8 there eight years. so my las.-t year would have been 2000. 8 uisciptineor -- well. the superihtendent_ gave ja Io-day
9_ Q, were you a member of the school board in 2001? S suspension, and then they was supposed to be- expelled when
gn A. 20022 10 they had alcohol on campfus. and uegi-ve t-_hem a second
11 U-. Yes. sir. 11 chance and basically expelled them, I think. another-five
gg A., How many years. ago was th-at? 12 days with ·-a behavioral contract that, if they wouldn't
.13 Q- He are in *06; now. About four years ago. 13 mess .up".o_n anything. and 'lif they did, they were
I4 HS. STATION: Three .y.e.ars. probably. 14 automatically eicpelled.
{5- BY HR. _C_0LLINS-Z 15 when you ·— and .1"m talking about specifically
· I5 Q. About three years because-·we‘re in January. 15 about Tara Lyon. Do _-you remember her at that meeting. at
17 A, I don’t think I was three years ago. l? all?
U lg- HR. COLLINS: Well. ‘I ‘do__n't know why I‘m‘ 18 A. No, I don't.
1.9 talking t-o you, then. 19 Q. I1' I told you th_at‘_she was one of those students
20 HS. STATDN: 0h._ yeah. here it is. 2.0 regarding tee drink-1 ng_"o‘1' alcohol. would you have any
21 (Deposition Exhibit Ho. 1 was marked for 21 reason to doubt me on that?
22 identification.) 22 A. No; There were three` there. I would believe
23 BY HR. ‘t;tlLLIN_$: 23 you.,
24 Q. Let me hand you what‘s been marked as depos.-1-tion 24 Q., And when you were- determi ning the d.iscipl`i`ne tor
25 Exhibit No. 1. 25 tH¤s‘é three student-s —— because tha`t"s how you remember it
5 8
_ l HS. STATDN1 Because i-t‘s‘got-· his name. 1 is the three students, so that’s how I'm going to re-fer to
2 BY HR. COLL-INS.: Z it -- what did. you consider in coming up wi--tn that
3 Q. bo you recoghize that document?. 3 discipline?
4 A. teen. I was. probably there- at that meeting. 4 A., we just went according- to our bolicy;
5 Q. That*s the-Public Notice- for the mee-ting? 5 Q. Did you consider any of th.e -s‘todeots‘ grades?
6 A. I'm right there. See? E A. No.
7 Q. And then -= 7 Q. Consifder any prior disciplinary action that had
-8‘ A. Well. I got my years wrong-., Maybe I started in 8 been taken against the- students?
9. 'TB and 2002 would have been my lest year, It_'s b-EQI1 a 5 A. h'e`l’l. that would have been -- the pri-or
10 long time. li] disciplinary action would have been in- consideration in
11 Q. Okay. No, tha-t's fair enough. Bo you remember 1’1 the expulsion. but 1'-or alcohol, in our policy it stated
L2 the school board meeting of Decemberi 9, 2`¤[]2`? 12 that they were expelled i` 1*- they had- alcohol on campus-.
13 Pl. Well. I Know I was there. I3 D‘id_.·you take into cons.iderat'I.on -whe-ther or not
M Q- Do you remember what happened during that I4 the students had any ex-trecurricular activ-ities-?
15 meeting-2 15 A.
-16 A- We had a regular board meeting. then we- had a 16 Q. Did you take into consideration anything other
17 hearing. I? than the type df oi’fen_se that you believed they had
18 Q.- Do you remember anything relating to Tara Lyon? 18 committed?
-19-· A. Just vaguely. I'm not that 1'amiliar with the 1`9 A, Not for -- when they had alcohol, it d.idn"t
; 20 name . Z0 matter .
21 Q. You said you had hearings. were they 21 HR, COLLINS; can I have you mark these next
E 22 disciplinary hear-ings? 22 two for me.
23 A. Yeah, 23 (.b_eposi-tion Exhibit Nos. 2 and 3 were marked
; 24 Q. Do you know the nature of the disciplinary 24 for ident_if1cati.on.)
l 57:*;;-r@uso¤2:0&~ov+O23O6-JAT Document 61 =»25 Frilevd-‘®B!rNW2006 Pa o 3 f4 wsmmzs

DEPOS-ITION OF PHILLIP ECHEVERRIA -— 2/`3!D6
_; 13 — 15
1. to take into- cons`1de‘ration’ the prior -disc-ipl`1n‘ary hi-story 1 HS. STATON: Object -— are you finished with
-` 2 of astudent ptlldf to inakins- a ¤et.erl1i`lnati’on? 2 the question? I'm sorry.
3- N5. STATQN: _db‘ject- to the form. 3 HR. COLLINS: I‘n1 not sure. I·t's prooa_ol_y a
ll 4- THE WITNESS: I d‘ldn't understand the -4 ver-y had question. Let me back up because. 1 want to make
5- quE$_t{.¤_n_ 5- sure I_ state it correctly, because I'm not sure I stated
5- BY HR. -CUU-INSZ 6 what you said correct-ly. Let me start again.
7- Q_, Hel-2, he said here that no prior d‘i-sc1`pl-tnary 7 BYHR;. COLLINS.: ’
8- memry, in that sentence. was considered when coding- up- B Does a student's prior d·Ts_c1pli‘nary history make-
-g_ with his recomhendat-inn. 9 a difference on what- discipline is imposed?
10 Do you believe that that was appropriate to io HS.-, 5`TATGN: Object to the form. foundation-;
11 l-ook at the- prior d1.scip.l1_na_ry history? `11 THE WITNESS: It woul.dn"t on this typ.e`of
12 HS. STATBN: object to the form of the 12 offense. It would on a d-ifi’er·en‘t the ¤T ¤i’Ten5e..
1] -ques‘ti·¤n. 13 BY HR. COLLINS:
14 THE WITNESS.: No. I dCl1"l_'tt 1.4 So 1f' the student had consumed alcohol .on campus
2- 15- BY HR. EGLLI-NS: 15 and they had a longterm suspension, they completed that
' 1:5 Q, Do you believe i-t‘s appropriate to take into 1-G suspension and came back to school and then consurnecl
EI 17 con_s1derati‘¤n the good attendance of the `student prior to 17 alcohol on campus ag-ai-n; that pjrevious -oTfens‘e wou-ld`n‘·t
_ 1.8 d§tEI'I'I`llT`|`1|’l§ a" disc-igpl-ine? IB make-_a d_rTffe‘r-ence on the second discipline that you
t, 19 HS. STKTGN:. Obj e.ct to the- form of the 19 imposed?
.20 ques.ti.on. S20 ns. stnfow; .o_oject1on to. rorm.
..21 THE WITNESS-: Ho, I didn't. 21 THE WITNESS.: `well. -i-T 1t*-`s the same
22 BY MR. COLLINS-:= 22 offense. it- would make a diff-erence-.
'_ 23 Q-. And why riot?-‘ 2-3 BY NR-. EQLLINS:
` 24 A. Because-: like I- s`tated__ be-fore. if they had 24 `Q-. And `how would it make a difference?
· 25 alcohol on campus-, it d$dn't matter what k-ind of student 25 A. well. we wouldn‘t be giving her a‘· second chance
14 1e-
1 they were. whether they were in athletics--or anything. 1 like we did h‘e_r`·e.
_‘ 2- they we-re expelled. 2 Q. So if a student had a class B of-i'e‘r|s·e. which is,
3 Q. They aere expelled? 3 l‘m .assoming_, a lesser ottense than a c-lass A --
- 4 A. They were -s-uspended-, whatever it is there. 4 And consumin_g--a`lcohol‘ is .a class A. corr-ect?
S Q. would it matter- whether or not the student had 5 A. That‘s what I believe.
6 committed the offense intentionally or accidentally? ,6 Q. ~~ and- they received a discipline for Ihat-C-1-BSS
7 HS. `$‘TAT¤fN:` Object toy. the form. 7 B ‘of1‘ens_e and then they were before the board on .a class A
8 THE WITNESS-.1. No, it wouldn't have mattered., 8 offense. would the punishment be more or less?
9 according to- our- policy, 9 HS; STATDN: Object to--thettorm. foundation.
IU: BY HR. C{JLLIN_$: 10 THE HLTNE-SS: I don*t know whether I. could
1]- So you follow that poli-cy regardless of.-any other 11 answer that. because a class B they could ·-total up and be
12 factor-s or considerations? 12 basic-all-y classified ~-— we would classify them the same. as
13 R. hre wanted-- to stay cons-istent with our policy`, ann 13 an A and would use the 5.uspen5i-‘on- of an P-., if we had
14 to do that we had to follow item every student. 14 enough class- B's in there-. I jguess.
15 hs. `stn?roh_: 1 objected to rorm. not ne 15 av hn. "CDLLINS`:
Y6 ENSHETEG herore 1 -- 16 Q. what do; you mean by if you had enough class B's?
U NR. COLLI`N.Sc: 1*m not sure she got it. 17 A. well. enough class B" o1‘1*en.ses-·, if a person was--.
18 HS. STATQN: I don't think she got it, 18 c-ontinudusly hav-1 ng B .of=fenses, it would probably have
1.9 So just note that 1 oojeeteo before he- 18 I seen `brought up beitore.-
0 answered. 20 Q_. aunt. that-·s what rm asking.-, 1`r they noo a
1 BY HR. COLLINS; 2-1 class B‘_¤‘1'1"enSe. came to you for more than 10-day
2 U. You did mention that multiple or previ-ous 2-2 s‘uspens;ion, you imposed some kind of discipline and then
3 °"¢¤5¤5 did have- some impact on what discipline should be 23 they -comp_lete that discipline and then come hack later for
4 ‘““E°5*¤- I5 that kind df accurate? Explain to. me 24 a different ofrens-e_. would the previous ortense make a
5_ ¤·=¤@ese 2:O3—cv—O2306-JAT Document 61- 2-s Eihed&B3¤/t?A££1<16o mliaatgotwa diode me anwwwn-
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