Preview
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
EXHIBIT
G
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 1
1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF SUFFOLK
3 --------------------------------------X 14N 2 9 20 3
LOGAN RYAN, Infant, by KRISTIN
4 RYAN, parent and natural
guardian, and LOGAN RYAN, _,
5 Individually ny.
7 Plaintiffs,
8 -against- Index No:
63290/2014
9
10 THREE VILLAGE CENTRAL SCHOOL DISTRICT
and DON CAPPABIANCA
11
Defendants.
12 --------------------------------------X
13
14 Devitt Spellman Barrett, LLP
50 Route 111
15 Smithtown, New York 11787
16
17 December 17, 2018
10:40 a.m.
18
19 EXAMINATION BEFORE TRIAL of
20 DAWN ALEXANDER, a Defendant herein, taken by the
21 Plaintiff, pursuant to Article 31 of the Civil
22 Practice Law & Rules of Testimony, and Court Order,
23 held at the above-mentioned time and place, before
24 JOANNA MARTINEZ a Notary Public of the State of
. 25 New York.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 2
1 A P P E A R A N C E S:
2
3 DELL & DEAN, P.L.L.C.
Attorney for Plaintiff
4 1325 Franklin Avenue, Suite 100
Garden City, New York 11530
5 (516) 732-0802
BY : JAY MAS , ESQ .
6
7
DEVITT SPELLMAN BARRETT, LLP
8 Attorney for Defendant
50 Route 111
9 Smithtown, New York 11787
(631) 724-8888
10 BY: DAVID PALLAI, ESQ.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 3
1 221. UNIFORM RULES FOR THE
2 CONDUCT OF DEPOSITIONS
3 221.2 Objections at Depositions
4 (a) Objections in general. No objections shall be
5 made at a deposition except those which, pursuant to
6 subdivision (b), (c) or (d) of Rule 3115 of the
7 Civil Practice Law and Rules, would be waived if not
8 interposed, and except in compliance with
9 subdivision (e) of such rule. All objections made at
10 a deposition shall be noted by the officer before
11 whom the deposition is taken, and the answer shall
12 be given and the deposition shall proceed subject to
13 the objection and to the right of a person to apply
14 for appropriate relief pursuant to Article 31 of the
15 CPLR.
16 (b) Speaking objections restricted. Every objection
17 raised during a deposition shall be stated
18 succinctly and framed so as not to suggest an answer
19 to the deponent and, at the request of the
20 questioning attorney, shall include a clear
21 statement as to any defect in form or other basis of
22 error or irregularity. Except to the extent
23 permitted by CPLR Rule 3115 or by this rule, during
24 the course of the examination persons in attendance
25 shall not make statements or comments that interfere
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 4
1 with the questioning.
2 221.2 Refusal to answer when objection is made. A
3 deponent shall answer all questions at a deposition,
4 except (i) to preserve a privilege or right of
5 confidentiality, (ii) to enforce a limitation set
6 forth in an order of the court, or (iii) when the
7 question is plainly improper and would, if answered,
8 cause significant prejudice to any person. An
9 attorney shall not direct a deponent not to answer
10 except as provided in CPLR Rule 3115 or this
11 subdivision. Any refusal to answer or direction not
12 to answer shall be accompanied by a succinct and
13 clear statement of the basis therefor. If the
14 deponent does not answer a question, the examining
15 party shall have the right to complete the remainder
16 of the deposition.
17 221. UNIFORM RULES FOR THE
18 CONDUCT OF DEPOSITIONS
19 221.3 Communication with the deponent
20 An attorney shall not interrupt the deposition
21 for the purpose of communicating with the deponent
22 unless all parties consent or the communication is
23 made for the purpose of determining whether the
24 question should not be answered on the grounds set
25 forth in section 221.2 of these rules and, in such
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 5
1 event, the reason for the communication shall be
2 stated for the record succinctly and clearly.
3 IT IS FURTHER STIPULATED AND AGREED that the
4 transcript may be signed before a Notary Public with
5 the same force and effect as if signed before a
6 clerk or a Judge of the court.
7 IT IS FURTHER STIPULATED AND AGREED that the
8 examination before trial may be utilized for all
9 purposes as provided be the CPLR.
10 IT IS FURTHER STIPULATED AND AGREED that all rights
11 provided to all the parties by the CPLR cannot be
12 deemed waived and the appropriate sections of the
13 CPLR shall be controlling with respect hereto.
14 IT IS FURTHER STIPULATED AND AGREED by and
15 between the attorneys for the respective parties
16 hereto that a copy of this examination shall be
17 furnished, without charge, to the attorneys
18 representing the witness testifying herein.
19
20
21
22
23
24
25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 6
1 D A W N A L E X A N D E R, after having first been
2 duly sworn by a Notary Public of the State of New
3 York, was examined and testified as follows:
4 EXAMINATION
5 BY MR. MASSARO:
6 Q State your name for the record, please.
7 A Dawn Alexander.
8 Q State your address for the record, please.
9 A 100 Suffolk Avenue, Stony Brook, New York
10 11790.
11 Q Good morning, Miss.
12 A Hello.
13 Q My name is Jay Joseph Masarro. I'm an
14 attorney for Dell & Dean, and we represent Logan
15 Ryan in a accident that occurred on May 22nd, 2013.
16 I'm going to be asking you some questions today
17 pertaining to this incident.
18 A couple of ground rules: One, allow
19 me to finish my question before you answer the
20 question so we're both not talking at the same time,
21 so the court reporter can take us both down
22 precisely.
23 Secondly, if a question calls for a
24 yes or no answer you respond verbally yes or no as
25 opposed to shaking or nodding of the head.
U.S. LEGAL SUPPÒRT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 7
1 And thirdly, if you don't understand
2 a question I'm asking you ask me to rephrase it on
3 record so I can do so in a form or in a way you do
4 understand it.
5 Are those rules acceptable to you?
6 A Yes.
7 Q Are you currently employed?
8 A Yes.
9 Q By who?
10 A Three Village School District.
11 Q And what is your title?
12 A I'm a pupil personal and services teacher
13 mentor.
14 Q How long have you been in that role for?
15 A Three years.
16 Q And what are your general functions?
17 A I work with any new staff that comes into
18 our district that are a part of that department.
19 Q Okay. Did you work for the district prior
20 to that?
21 A Uh-huh.
22 Q In what capacity?
23 A I started in 2001 --
24 Q Okay.
25 A As a special education teacher, in the
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 8
1 following year I transitioned to a general education
2 teacher.
3 Q In 2002, approximately?
4 A Approximately. Then I went back to being
5 a special education teacher?
6 Q When did you go back?
7 A So in 2001 I started as a special ed
8 teacher and then I went to gen ed approximately the
9 following year. I did that for approximately five
10 years, transitioned back to a special ed teacher for
11 about two years, and then I came out of the
12 classroom and I worked as a behavior consultant for
13 approximately seven years, and then the last three
14 I've been a teacher mentor.
15 Q In 2013 what role were you in?
16 A Hold on, I'm trying to think.
17 MR. PALLAI: Take your time.
18 A I was a behavioral consultant.
19 Q Now, my client Logan Ryan, have you
20 participated in his supervision? His IEP? Anything
21 to that effect?
22 A Not to my knowledge.
23 Q Okay. He had an incident on May 22nd,
24 2013 --strike that.
25 Have you ever worked at Ward Melville High
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 9
1 School?
2 A As a behavioral consultant, yes, and as a
3 teacher mentor.
4 Q Okay. Were you working there in May 2013?
5 A I don't recall.
6 Q Did you ever become aware that Logan Ryan
7 was involved in an incident on May 22nd, 2013?
8 MR. PALLAI: Just the outs --
personally
9 or outs? I mean I'm just separating other than
10 the litigation and conversation with counsel.
11 MR. MASARRO: Sure. I'll add that to my
12 question.
13 MR. PALLAI: You understand what I mean?
14 MR. MA.SARRO: Yes.
15 MR. PALLAI: You understand the question?
.
16 Other than --
17 THE WITNESS: Other than our conversation
18 did I know anything about him?
19 MR. PALLAI: Right.
20 A No.
21 Q If I use the term CPI or Crisis Prevention
22 Institute, do you understand what?
23 A Yes.
24 Q What is that?
25 A It's an international training
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 10
1 organization that teaches instructors different
2 types of course that they teach.
3 Q Do one of the courses deal with
4 restraining students? Something else?
5 A Well, they have several courses. Ones on
6 dementia, one for children with autism. They have a
7 nonviolent crisis intervention course.
8 Okay. Are you familiar with -- have you
Q
9 ever taken the CPI courses?
10 A I'm a certified instructor for that
11 course.
12 When you "that " you're
Q say course,
13 o-f --
speaking
14 A Nonviolent crisis intervention.
15 Q And generally what is nonviolent crisis
16 intervention?
17 A It's a way of deescalating situations
18 where there are -- an individual who is crisis and
19 an¬ther individual that's not.
20 Q Okay. So if I refer to the CPI training
21 course, I'm referring to the nonviolent crisis
22 intervention course?
23 A Okay.
24 Q When did you become an instructor in that?
25 A In 2010.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 11
1 Q Did you ever provide any instruction
2 --strike that.
3 Did you provide any instruction or
4 training to teachers or administrators in the school
5 district?
6 A In general?
7 Q Yes.
8 A Yes.
9 Q Did you ever provide any teaching or
10 training in CPI course for Ward Melville High School
11 instructors, employees, or. you know,
12 administrators?
13 MR. PALLAI: Just to form 'cause an
14 employee -- but to form.
15 If you can answer.
16 A Yes.
17 Q Okay. When was first time you did?
18 A I wouldn't be able to say.
19 Q Was that prior to May 22nd, 2013?
20 A I'm not sure.
21 Q Under what conditions? Meaning, did you
22 go --strike that.
23 Do you provide instructions to various
24 schools in the school district?
25 A Yes.
U. S . LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 12
1 Q Okay. Can you walk me through that
2 process? Did you go to the school? Is that done
3 once a year in a meeting? Something else?
4 A Well, the process has changed over the
5 years, so at what point in time?
6 MR. PALLAI: This is going to be before.
7 A Prior to that date?
8 Q Prior to May 22nd, 2013.
9 MR. PALLAI: What's the question prior to
10 what?
11 Q Prior to May 22nd, 2013 what was the
12 process as to how the district would provide CPI
13 training to the staff?
14 MR. PALLAI: Just to form. This is the
15 nonviolent training that she did?
16 MR. MASARRO: Yes.
17 A The course was primarily taught before or
18 after school through professional development
19 courses.
20 Q Where would it be taught? In the local
21 schools? Somewhere else?
22 A It was taught on the grounds of Three
23 Village Schools.
24 Q Was attendance at the course mandatory?
25 A No.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 13
1 Q Does the school district have any sort of
2 policy in terms of using the CPI training or
3 techniques?
4 A Prior to 2013 it was on a voluntary basis.
5 So it really was just an opportunity for teachers if
6 chose to -- teachers and staff if
they teaching they
7 chose to enroll in the course to receive hours they
8 could. There wasn't a policy or procedure in terms
9 to take it -- a training.
of, like, having mandatory
10 MR. PALLAI: And just to --
11 A Does that make sense?
12 Q Yes.
13 MR. PALLAI: Just -- again just to form.
14 This is what she did? The nonviolent CPI?
15 MR. MASARRO: Right.
16 MR. PALLAI: Got it.
17 MR. MASARRO: All my questions about CPI
18 pertain to the nonviolent --
19 A call it NCI -- the if you
They course,
20 want to reference NCI.
21 Q Sure, NCI. All my questions are
22 to NCI --
pertaining
23 A Okay.
24 -- when I mentioned CPI. After 2013 did
Q
25 NCI become mandatory?
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 14
1 MR. PALLAI: I'm just going to object
2 'cause the incident -- it became last
mandatory
3 year. What's the relevancy? They did it last
4 year.
5 MR. MASARRO: Sure. I'll rephrase.
6 MR. PALLAI: Yeah, I mean up to the time
7 of the incident.
8 Q As of May 22nd, 2013 did the school
9 district have any protocols or procedures pertaining
10 to how staff should restrain students if necessary?
11 A Not to my knowledge.
12 Q Okay. Prior to May 22nd, 2013 did the
13 school have any mandated training pertaining to
14 --strike that.
15 Prior to May 22nd 2013 did the school
16 district have any mandated training pertaining to
17 how workers in the school should restrain students?
18 MR. PALLAI: I'm --again --
Again, going
19 the objection is I don't know if she -- we .
only
20 haven't established that she's the one who even
21 knows. You said workers. I mean, you know.
22 MR. MASARRO: Sure.
23 Q Workers.
24 A I don't -- I don't know.
25 Q Okay. Well, besides the NCI training,
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 15
1 have you ever seen the school district offer any
2 other training pertaining to restraining students?
3 A Prior to 2013?
4 Q Yes.
5 A I don't believe so.
6 Q Okay. So the only training you're aware
7 of is the optional NCI training?
8 A I wouldn't know what the security guards
9 -- what type of have. In terms of the
training they
10 -- role -- in role of what I was at that we
my time,
11 don't. There wasn't a training on that, no.
12 Q Okay. So the only thing you're aware of
13 is the optional NCI training?
14 A At that time.
15 Q Okay.
16 A Wait. I also have to there wasn't --
say
17 it wasn't restraint. That course was not teaching
18 restraint. It was nonviolent crisis intervention.
19 'Cause you're referencing restraint, and that's not
20 what is taught in the course.
21 Q Okay. So what's taught in the course?
22 A It's all proactive deescalation, and once
23 an individual engages in risk behavior that's the
24 end of the course. I don't teach that part of the
25 course.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022
Dawn Alexander
December 17, 2018 16
1 Q Okay. So as of 2013 the school district
2 offered no training as far as you know pertaining to
3 how to the restrain a student?
4 MR. PALLAI: I think she said she didn't
5 know.
6 A Yeah, I don't know.
7 MR. PALLAI: That's a mistake.
8 MR. MASARRO: No. My question was as far
9 as you know.
10 MR. PALLAI: Oh, as far as she knows.
11 MR. MASARRO: As far as she knows. It's
12 her personal knowledge.
13 A Can you rephrase the question?
14 Q Sure. You have no personal knowledge if
15 the scho
Preview
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 EXHIBIT G FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 1 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF SUFFOLK 3 --------------------------------------X 14N 2 9 20 3 LOGAN RYAN, Infant, by KRISTIN 4 RYAN, parent and natural guardian, and LOGAN RYAN, _, 5 Individually ny. 7 Plaintiffs, 8 -against- Index No: 63290/2014 9 10 THREE VILLAGE CENTRAL SCHOOL DISTRICT and DON CAPPABIANCA 11 Defendants. 12 --------------------------------------X 13 14 Devitt Spellman Barrett, LLP 50 Route 111 15 Smithtown, New York 11787 16 17 December 17, 2018 10:40 a.m. 18 19 EXAMINATION BEFORE TRIAL of 20 DAWN ALEXANDER, a Defendant herein, taken by the 21 Plaintiff, pursuant to Article 31 of the Civil 22 Practice Law & Rules of Testimony, and Court Order, 23 held at the above-mentioned time and place, before 24 JOANNA MARTINEZ a Notary Public of the State of . 25 New York. U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 2 1 A P P E A R A N C E S: 2 3 DELL & DEAN, P.L.L.C. Attorney for Plaintiff 4 1325 Franklin Avenue, Suite 100 Garden City, New York 11530 5 (516) 732-0802 BY : JAY MAS , ESQ . 6 7 DEVITT SPELLMAN BARRETT, LLP 8 Attorney for Defendant 50 Route 111 9 Smithtown, New York 11787 (631) 724-8888 10 BY: DAVID PALLAI, ESQ. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 3 1 221. UNIFORM RULES FOR THE 2 CONDUCT OF DEPOSITIONS 3 221.2 Objections at Depositions 4 (a) Objections in general. No objections shall be 5 made at a deposition except those which, pursuant to 6 subdivision (b), (c) or (d) of Rule 3115 of the 7 Civil Practice Law and Rules, would be waived if not 8 interposed, and except in compliance with 9 subdivision (e) of such rule. All objections made at 10 a deposition shall be noted by the officer before 11 whom the deposition is taken, and the answer shall 12 be given and the deposition shall proceed subject to 13 the objection and to the right of a person to apply 14 for appropriate relief pursuant to Article 31 of the 15 CPLR. 16 (b) Speaking objections restricted. Every objection 17 raised during a deposition shall be stated 18 succinctly and framed so as not to suggest an answer 19 to the deponent and, at the request of the 20 questioning attorney, shall include a clear 21 statement as to any defect in form or other basis of 22 error or irregularity. Except to the extent 23 permitted by CPLR Rule 3115 or by this rule, during 24 the course of the examination persons in attendance 25 shall not make statements or comments that interfere U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 4 1 with the questioning. 2 221.2 Refusal to answer when objection is made. A 3 deponent shall answer all questions at a deposition, 4 except (i) to preserve a privilege or right of 5 confidentiality, (ii) to enforce a limitation set 6 forth in an order of the court, or (iii) when the 7 question is plainly improper and would, if answered, 8 cause significant prejudice to any person. An 9 attorney shall not direct a deponent not to answer 10 except as provided in CPLR Rule 3115 or this 11 subdivision. Any refusal to answer or direction not 12 to answer shall be accompanied by a succinct and 13 clear statement of the basis therefor. If the 14 deponent does not answer a question, the examining 15 party shall have the right to complete the remainder 16 of the deposition. 17 221. UNIFORM RULES FOR THE 18 CONDUCT OF DEPOSITIONS 19 221.3 Communication with the deponent 20 An attorney shall not interrupt the deposition 21 for the purpose of communicating with the deponent 22 unless all parties consent or the communication is 23 made for the purpose of determining whether the 24 question should not be answered on the grounds set 25 forth in section 221.2 of these rules and, in such U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 5 1 event, the reason for the communication shall be 2 stated for the record succinctly and clearly. 3 IT IS FURTHER STIPULATED AND AGREED that the 4 transcript may be signed before a Notary Public with 5 the same force and effect as if signed before a 6 clerk or a Judge of the court. 7 IT IS FURTHER STIPULATED AND AGREED that the 8 examination before trial may be utilized for all 9 purposes as provided be the CPLR. 10 IT IS FURTHER STIPULATED AND AGREED that all rights 11 provided to all the parties by the CPLR cannot be 12 deemed waived and the appropriate sections of the 13 CPLR shall be controlling with respect hereto. 14 IT IS FURTHER STIPULATED AND AGREED by and 15 between the attorneys for the respective parties 16 hereto that a copy of this examination shall be 17 furnished, without charge, to the attorneys 18 representing the witness testifying herein. 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 6 1 D A W N A L E X A N D E R, after having first been 2 duly sworn by a Notary Public of the State of New 3 York, was examined and testified as follows: 4 EXAMINATION 5 BY MR. MASSARO: 6 Q State your name for the record, please. 7 A Dawn Alexander. 8 Q State your address for the record, please. 9 A 100 Suffolk Avenue, Stony Brook, New York 10 11790. 11 Q Good morning, Miss. 12 A Hello. 13 Q My name is Jay Joseph Masarro. I'm an 14 attorney for Dell & Dean, and we represent Logan 15 Ryan in a accident that occurred on May 22nd, 2013. 16 I'm going to be asking you some questions today 17 pertaining to this incident. 18 A couple of ground rules: One, allow 19 me to finish my question before you answer the 20 question so we're both not talking at the same time, 21 so the court reporter can take us both down 22 precisely. 23 Secondly, if a question calls for a 24 yes or no answer you respond verbally yes or no as 25 opposed to shaking or nodding of the head. U.S. LEGAL SUPPÒRT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 7 1 And thirdly, if you don't understand 2 a question I'm asking you ask me to rephrase it on 3 record so I can do so in a form or in a way you do 4 understand it. 5 Are those rules acceptable to you? 6 A Yes. 7 Q Are you currently employed? 8 A Yes. 9 Q By who? 10 A Three Village School District. 11 Q And what is your title? 12 A I'm a pupil personal and services teacher 13 mentor. 14 Q How long have you been in that role for? 15 A Three years. 16 Q And what are your general functions? 17 A I work with any new staff that comes into 18 our district that are a part of that department. 19 Q Okay. Did you work for the district prior 20 to that? 21 A Uh-huh. 22 Q In what capacity? 23 A I started in 2001 -- 24 Q Okay. 25 A As a special education teacher, in the U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 8 1 following year I transitioned to a general education 2 teacher. 3 Q In 2002, approximately? 4 A Approximately. Then I went back to being 5 a special education teacher? 6 Q When did you go back? 7 A So in 2001 I started as a special ed 8 teacher and then I went to gen ed approximately the 9 following year. I did that for approximately five 10 years, transitioned back to a special ed teacher for 11 about two years, and then I came out of the 12 classroom and I worked as a behavior consultant for 13 approximately seven years, and then the last three 14 I've been a teacher mentor. 15 Q In 2013 what role were you in? 16 A Hold on, I'm trying to think. 17 MR. PALLAI: Take your time. 18 A I was a behavioral consultant. 19 Q Now, my client Logan Ryan, have you 20 participated in his supervision? His IEP? Anything 21 to that effect? 22 A Not to my knowledge. 23 Q Okay. He had an incident on May 22nd, 24 2013 --strike that. 25 Have you ever worked at Ward Melville High U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 9 1 School? 2 A As a behavioral consultant, yes, and as a 3 teacher mentor. 4 Q Okay. Were you working there in May 2013? 5 A I don't recall. 6 Q Did you ever become aware that Logan Ryan 7 was involved in an incident on May 22nd, 2013? 8 MR. PALLAI: Just the outs -- personally 9 or outs? I mean I'm just separating other than 10 the litigation and conversation with counsel. 11 MR. MASARRO: Sure. I'll add that to my 12 question. 13 MR. PALLAI: You understand what I mean? 14 MR. MA.SARRO: Yes. 15 MR. PALLAI: You understand the question? . 16 Other than -- 17 THE WITNESS: Other than our conversation 18 did I know anything about him? 19 MR. PALLAI: Right. 20 A No. 21 Q If I use the term CPI or Crisis Prevention 22 Institute, do you understand what? 23 A Yes. 24 Q What is that? 25 A It's an international training U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 10 1 organization that teaches instructors different 2 types of course that they teach. 3 Q Do one of the courses deal with 4 restraining students? Something else? 5 A Well, they have several courses. Ones on 6 dementia, one for children with autism. They have a 7 nonviolent crisis intervention course. 8 Okay. Are you familiar with -- have you Q 9 ever taken the CPI courses? 10 A I'm a certified instructor for that 11 course. 12 When you "that " you're Q say course, 13 o-f -- speaking 14 A Nonviolent crisis intervention. 15 Q And generally what is nonviolent crisis 16 intervention? 17 A It's a way of deescalating situations 18 where there are -- an individual who is crisis and 19 an¬ther individual that's not. 20 Q Okay. So if I refer to the CPI training 21 course, I'm referring to the nonviolent crisis 22 intervention course? 23 A Okay. 24 Q When did you become an instructor in that? 25 A In 2010. U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 11 1 Q Did you ever provide any instruction 2 --strike that. 3 Did you provide any instruction or 4 training to teachers or administrators in the school 5 district? 6 A In general? 7 Q Yes. 8 A Yes. 9 Q Did you ever provide any teaching or 10 training in CPI course for Ward Melville High School 11 instructors, employees, or. you know, 12 administrators? 13 MR. PALLAI: Just to form 'cause an 14 employee -- but to form. 15 If you can answer. 16 A Yes. 17 Q Okay. When was first time you did? 18 A I wouldn't be able to say. 19 Q Was that prior to May 22nd, 2013? 20 A I'm not sure. 21 Q Under what conditions? Meaning, did you 22 go --strike that. 23 Do you provide instructions to various 24 schools in the school district? 25 A Yes. U. S . LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 12 1 Q Okay. Can you walk me through that 2 process? Did you go to the school? Is that done 3 once a year in a meeting? Something else? 4 A Well, the process has changed over the 5 years, so at what point in time? 6 MR. PALLAI: This is going to be before. 7 A Prior to that date? 8 Q Prior to May 22nd, 2013. 9 MR. PALLAI: What's the question prior to 10 what? 11 Q Prior to May 22nd, 2013 what was the 12 process as to how the district would provide CPI 13 training to the staff? 14 MR. PALLAI: Just to form. This is the 15 nonviolent training that she did? 16 MR. MASARRO: Yes. 17 A The course was primarily taught before or 18 after school through professional development 19 courses. 20 Q Where would it be taught? In the local 21 schools? Somewhere else? 22 A It was taught on the grounds of Three 23 Village Schools. 24 Q Was attendance at the course mandatory? 25 A No. U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 13 1 Q Does the school district have any sort of 2 policy in terms of using the CPI training or 3 techniques? 4 A Prior to 2013 it was on a voluntary basis. 5 So it really was just an opportunity for teachers if 6 chose to -- teachers and staff if they teaching they 7 chose to enroll in the course to receive hours they 8 could. There wasn't a policy or procedure in terms 9 to take it -- a training. of, like, having mandatory 10 MR. PALLAI: And just to -- 11 A Does that make sense? 12 Q Yes. 13 MR. PALLAI: Just -- again just to form. 14 This is what she did? The nonviolent CPI? 15 MR. MASARRO: Right. 16 MR. PALLAI: Got it. 17 MR. MASARRO: All my questions about CPI 18 pertain to the nonviolent -- 19 A call it NCI -- the if you They course, 20 want to reference NCI. 21 Q Sure, NCI. All my questions are 22 to NCI -- pertaining 23 A Okay. 24 -- when I mentioned CPI. After 2013 did Q 25 NCI become mandatory? U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 14 1 MR. PALLAI: I'm just going to object 2 'cause the incident -- it became last mandatory 3 year. What's the relevancy? They did it last 4 year. 5 MR. MASARRO: Sure. I'll rephrase. 6 MR. PALLAI: Yeah, I mean up to the time 7 of the incident. 8 Q As of May 22nd, 2013 did the school 9 district have any protocols or procedures pertaining 10 to how staff should restrain students if necessary? 11 A Not to my knowledge. 12 Q Okay. Prior to May 22nd, 2013 did the 13 school have any mandated training pertaining to 14 --strike that. 15 Prior to May 22nd 2013 did the school 16 district have any mandated training pertaining to 17 how workers in the school should restrain students? 18 MR. PALLAI: I'm --again -- Again, going 19 the objection is I don't know if she -- we . only 20 haven't established that she's the one who even 21 knows. You said workers. I mean, you know. 22 MR. MASARRO: Sure. 23 Q Workers. 24 A I don't -- I don't know. 25 Q Okay. Well, besides the NCI training, U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 15 1 have you ever seen the school district offer any 2 other training pertaining to restraining students? 3 A Prior to 2013? 4 Q Yes. 5 A I don't believe so. 6 Q Okay. So the only training you're aware 7 of is the optional NCI training? 8 A I wouldn't know what the security guards 9 -- what type of have. In terms of the training they 10 -- role -- in role of what I was at that we my time, 11 don't. There wasn't a training on that, no. 12 Q Okay. So the only thing you're aware of 13 is the optional NCI training? 14 A At that time. 15 Q Okay. 16 A Wait. I also have to there wasn't -- say 17 it wasn't restraint. That course was not teaching 18 restraint. It was nonviolent crisis intervention. 19 'Cause you're referencing restraint, and that's not 20 what is taught in the course. 21 Q Okay. So what's taught in the course? 22 A It's all proactive deescalation, and once 23 an individual engages in risk behavior that's the 24 end of the course. I don't teach that part of the 25 course. U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 10/31/2022 Dawn Alexander December 17, 2018 16 1 Q Okay. So as of 2013 the school district 2 offered no training as far as you know pertaining to 3 how to the restrain a student? 4 MR. PALLAI: I think she said she didn't 5 know. 6 A Yeah, I don't know. 7 MR. PALLAI: That's a mistake. 8 MR. MASARRO: No. My question was as far 9 as you know. 10 MR. PALLAI: Oh, as far as she knows. 11 MR. MASARRO: As far as she knows. It's 12 her personal knowledge. 13 A Can you rephrase the question? 14 Q Sure. You have no personal knowledge if 15 the scho