Preview
FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023
Audra Schmitt
6 Twining Court
Pittsford, New York
(585) 455-7925
audraschmitt@yahoo.com
April 17, 2020
Mr. Rick Wilkins
78 Big Tree Street
Livonia, New York 14487
Mr. Andy Mattle
4260 Federal Road
Livonia, New York 14487
Mr. Andrew Mayo
45 Washington Street
Livonia, New York 14487
Dr. David Woodruff
22 Summer Street
Livonia, New York 14487
Joshua Monster
7224 Richmond mills
Livonia Center, New York 14487
Amy Stahl
75 Main Street
Livonia, New York 14487
Mark Connor
5484 Federal Road
Conesus, New York 14435
Dear Members of the Livonia Board of Education,
I am devastated to write this letter to you all, however, I have been left with no other choice.
Please know I fully realize the gravity of the ongoing health crisis engulfing district priorities, but
this moment is also the time that Matt Cole has chosen to discredit me and engage in a calculated
effort to target and egregiously disparage me and to jeopardize my professional livelihood and
reputation. His toxic, inappropriate, unprofessional, and at times, illegal behavior toward me and
1|Page
FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023
others has been ongoing and has culminated in a hostile work environment that led to such a level
of stress for me that my health profoundly suffered. While I have been out of work on a medical
leave in order to take care of my health for the past few and in the midst of the COVID-
months,
19 global pandemic that has disrupted education and our community as we know it, Matt has
chosen to ask the school board to vote to deny me tenure for reasons that are false and unfounded,
and I believe due to retaliation. I have loved this school community and have enjoyed taking care
of the students, families and staff at Livonia High School; I am exceptionally proud of my
leadership and the collaboration that has led to a stronger and more vibrant high school community.
My letter to you is one I never thought I would be compelled to write, and it is my hope that you
will hear me and take my words under consideration.
Evaluation of My Performance:
I had one informal meeting with Matt wherein he provided informal feedback in January
2017 and one summative evaluation in October 2017. (The evaluation was dated August 2017, but
Matt did not meet with me until October 2017). I have not had a formal evaluation since that time,
nor at any point have I received any indication that I was not successfully tracking to earn tenure
as the principal of Livonia High School. Evaluations are a legal requirement for untenured
educators. Matt's failure to provide me with an evaluation creates a legal presumption that my
Reeves'
performance was effective. Attached for your reference is a copy of the Douglas
Performance Rubric from October 2017. I have also attached a Letter of Recommendation written
about me by Steve Passero (for my file), and a touching essay written by an at-risk student about
why I was the student's role model.
Principalship:
Under my leadership and in collaboration with teacher leaders, numerous initiatives and
programs were created and strengthened. Below are the highlights of my program and initiative
management.
Social and Emotional
" The development and of: individualized student plans, SafeTalk suicide
monitoring safety
awareness training and monitoring for students and staff, participation in the annual HERO
opioid awareness assembly for juniors and seniors, sustaining and supporting the growth
of Link Crew, creating Kindness Club opportunities to help students feel a sense of
belonging, creating safe areas for lunch time and relationship building with Mike Sterling
in Room 141 and with Sherri Buys, Toni Garbacik and George Wong in the Pathways
classroom, safe zone lunch area for disenfranchised students in the counseling office,
monthly class meetings, staff mentoring for the most at-risk students, monitoring and
supporting the academic eligibility process, leading the restorative practice model of
discipline alongside John Gammon with support from the counseling department to
conference with students to repair relationships following a conflict or incident, and I
helped to facilitate a video morning announcement in collaboration with the library and IT.
2|Page
FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023
Graduation Tracking and Improvement
" Increased student attendance and reduced rate of student tardiness to school, established
Pathways classroom for tutoring, established online credit recovery and monitoring,
worked closely with Deanna Miller and consultants from BOCES to support the Quality
Improvement Plan (QIP) (a special education review based on state data results from before
my tenure as the high school principal), sustainable interventions were put in place to
support students with disabilities with specific professional development put in place for
all students and net credit plans mid-
staff, monitoring quarterly building safety recovery
year and for the summer program to keep students tracking to graduation through summer
school and in-house remediation/review or credit recovery plans, created a Spanish 1
recovery class in-house over the summer and throughout year as needed, special focus on
students with disabilities (SWD) monitoring in collaboration with Deanna Miller, worked
collaboratively with staff to establish a flat 50% for failing grades between 0-50% thereby
allowing at risk students the opportunity to have hope to potentially pass a failing class-in,
addition of every department allowing for credit recovery on most assessments, developed
teams of teachers to meet often to monitor and make counselors aware of students in
jeopardy, and I set the expectation of communication home for students in jeopardy each
marking period. Notably, the graduation rate exceeded 90% each year under my
principalship, including the important improvement of the percentage of students with
disabilities earning a high school diploma.
Professional Learning and Student Support
" Provided for staff development through meetings on ELL students, Restorative
faculty
Practice, Students on the Autism Spectrum, Trauma/Toxic Stress/Anxiety and the
Adolescent brain/ODD students, case study work with individual departments and
University of Rochester consultant Dr. James Wallace, SafeTalk suicide awareness, credit
recovery systems and best practice, Pathways classroom assigned for executive functioning
support, initiated an annual Program of Studies night to showcase the programming
9d'
opportunities at the high school and engage with families, including incoming grade
students and families, worked collaboratively with each department to update the Course
Description Book increasing access for all learners by eliminating almost all prerequisites,
IRLA/SIPPS reading support put in place and supported by special education teachers and
designated TAs, reconfigured the special education department to have grade level
designated teacher support and the shared responsibility for monitoring 504 plans with the
counseling department.
Program Opportunities and Master Scheduling:
I am certain that Matt has made sweeping and unfounded claims about his lack of
confidence in my ability to prepare the master schedule. The criticism is unjust. I worked alongside
Karen Bennett during the summer of 2016 and a portion of 2017 to learn the nuances of building
a high school schedule with constraints and unique challenges, all the while meeting the needs of
students of all needs and abilities. Each year I have designed and engineered a master schedule
3|Page
FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023
that provides flexibility and an equity of opportunity for all students. The long term plan to scale
and adjust the program offerings due to declining enrollment, as well as the right-sizing of
departments has been completed with the full collaboration of the high school department chairs
and they are a witness to this work (specifically the Science, Business, Art, Applied Engineering
and Information Technology departments). Preparing the schedules is a project that was impacted
by staffing changes and the efforts to provide equity of curricular and program opportunity for all
learners. Due to the loss of multiple staff members from retirements or resignations, the master
schedule was constrained by the loss of 31 sections. Efforts to align and strengthen courses moved
ahead in the offerings including: merging Global 9/9H and Earth Science Regents/Honors as there
was no distinct difference in the curriculum, the English 12 curriculum for all-
strengthening
including a special English 12 course for our most at-risk students, adding multiple APs/dual credit
courses (ex/Computer Science, AP Gov/Pol, SUNY ESF, pilot CTE track coursework in Business
Dept.) The decision was made that online coursework in health was a last resort, not a preferable
option as the students were missing vital instruction, students continued to have choice and
opportunity in the thriving music program, so the ability to double or triple up was continued. The
program opportunities have continued for all students due to collaboration and important choices
made within the structure of the master schedule. I am proud of this work and the ability for
students in a fringe rural community to have world class educational opportunities.
Matt Cole's Behaviors/Statements:
Overall, it is commonly noted that Matt's behavior toward many colleagues changed
abruptly after his humiliating experience in being rejected from the superintendency of
Canandaigua. The spark that began Matt's negative treatment of me specifically began when he
intended on having me stay in his condo during the 2018 GVEP administrative retreat. The other
administrators were assigned individual hotel rooms. One other woman and I were assigned to his
condo. I expressed concern, as this sleeping arrangement was highly inappropriate in a
professional/workplace situation. On my behalf, Chuck D'Imperio asked Matt to provide me with
a separate hotel room. As I was driving to the retreat, Matt called and in a hostile manner said,
"Something changed and the original plan did not work out. When you arrive, you will have your
room."
own hotel Because I would not sleep in his condo with him, his entire attitude toward me
changed.
Most of the statements and behaviors listed below were witnessed by the admin core team
comprised of: Chuck D'Imperio, MS Principal, Casey Whittel, ES Principal, Robbin Carll, Dir of
Operations and as of Spring 2019 Dir of Business, and Jeremy Lonneville. Other statements or
behaviors were witnessed by the full admin team also including: John Gammon, Deanna Miller,
Mark Kress, Bonnie Kuhn, Jen McMahon, Nicole McGarry, Steve Montemanaro, and Steve
Passero.
Generally, Matt ignored me during meetings and would disregard questions/concerns or
suggestions I would make. It was evident to all that he was disrespectful and at times
condescending toward me. It got to the point thatmy male colleagues (John Gammon, Casey
Whittel and Chuck D'Imperio) would speak for me or on my behalf at meetings as to protect me
from Matt's disdain or wrath.
4)Page
FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023
There are many examples of microaggressions, racist, ageist, anti-Semitic, and sexist
comments that I suffered through. In addition, he has targeted me for whistleblowing and
upholding the integrity of multiple processes which ultimately held him accountable. The
intimidation was and is unbearable. He rules the admin team with fear and his professionalism is
deplorable.
Matt's corruption towards me extends to corrupt practices that impact the district. Most
notably, Matt spends a great deal of time out of the district working for a private consulting
company-Institute for Education Innovation. My records indicate 200+ hours away from the
district on personal business. Matt bragged about attending events wherein he and other members
of the enterprise were wined and dined by technology companies. Upon information and belief, he
entered arrangements whereby the district purchased technology products associated with the
enterprise. I believe, it was my resistance to the useless/hurtful tech products andmy questions
about the seeming conflict of interest, which, in part, causes Matt not to want me as the principal.
The following are examples of the types of behavior that your Superintendent has engaged
in. All of these examples (and more) are provable in any administrative hearing and/or court of
law. Certainly, the volume of factual issues will lead to a prolonged and costly trial if a settlement
is not negotiated with me.
.....................................................................................................................
Example 1: Matt stopped into my office as I worked on the master schedule days before
we were to leave for an administration retreat/conference in Ellicotville, NY. I was
finalizing edits in scheduling students with disabilities within the master schedule based on
feedback from the special education dept and Deanna Miller. Matt said, "There are two
things that we can't fuck up-you have to build a master schedule and I have to develop a
budget. If you need some more time to work on this-let me know, I want to support you
retreat."
and you can arrive late to the I thanked him and told him I would know if it was
necessary in 24 hours. At that point, I called and said I would need to arrive to Ellicotville
the evening of the first day to wrap things up with the schedule. He called me back, furious
and said that was unacceptable. He made an offer that was not sincere and used it as a strike
in my one and only summative evaluation.
Example 2: Matt has made hotel arrangements for the admin to attend an administration
retreat/conference in Ellicottville, NY. He has placed me in his three-bedroom condo along
with Robbin Caril. I am highly uncomfortable with this as it is inappropriate and through
Chuck ask for my own hotel room (like the other 7 administrators). My room arrangement
is changed and this begins a change in his attitude and behavior toward me which continued
throughout my employment.
Example 3: Discussion at core team regarding staffing in the art department. Matt made
multiple joking and disrespectful comments regarding Ethan Lyons and referenced his
behavior as annoying and connected to his being "a Jew".
5 I P a g e
FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023
Example 4: At a core team meeting Matt made a comment about Steve Passero, the retired
admin who filled in as the Dir of Special Education. "We like when old guys come in".
Matt often referred to Chuck D'Imperio and me as "old"...mocked us when it came to
technology and as soon as we both made a reference to something from earlier in our
careers, Matt would often make a snide comment about our age. Most notably, on multiple
occasions, Matt would say directly to me, "I can't ask when you're going to retire, but...",
retire"
"I'm not allowed to question when you're going to and then commented about the
future plans at the secondary building in my absence. Matt openly and frequently
referenced Steve Passero's age at almost every meeting. He called him, "Old man".
class'
Example 5: I shared some good news regarding Brian Sheldon's environmental
study of the district wetlands and marsh area. When I shared that a beaver had built a dam
and students were studying it, Matt snickered...repeatedly-insinuating the lewd sexual
reference. I called him out on his sexual reference and immaturity directly.
Example 6: Matt commented on a recent Office of Civil Rights case he was involved in
regarding the treatment of an African American student. He commented, "Yes we suspend
more African American kids...They are not from Livonia and they need to acclimate to
our culture. Suspension is part of the process".
Example 7: Matt commented about another female staff member's age. "Jen? She's not
say."
like 32...closer to retirement by the looks of her, her husband does ok though I'd
Example 8: Chuck stated he was cold in Matt's office and I offer him my coat. Matt turns
him"
to me and says, "I'm ok with you sharing your jacket just don't ask for a snuggle with
Example 9: In a 1:1 meeting with me, I expressed my concern about micro aggressions
and peer treatment of Black or Latino students. Matt's response was, "Livonia is racist. Get
it."
used to
Example 10: Allie Evans had violated the character expectations for membership in
National Honor Society. Allie had humiliated Patrick Mayo with her senior quote in the
yearbook. Andy Mayo called me to investigate the concern and it was verified. We were
able to edit the yearbook before the book went to press and we incurred a cost of $800 to
do so. Allie also used the anonymous district tipline to mock out Matt Cole's hair while
she was wearing an NHS gown and sitting in the audience during the NHS induction
ceremony. The student is the daughter of his friend who also works in district office. Matt
deal"
asks me to not process any dismissal proceedings as in his words, "it was not a big
and "she just made a mistake-she's just a kid". The student behavior was egregious enough
it needed to be processed appropriately and dismissal from NHS was warranted. The
faculty council voted unanimously to remove her. The family ap
Preview
FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023 Audra Schmitt 6 Twining Court Pittsford, New York (585) 455-7925 audraschmitt@yahoo.com April 17, 2020 Mr. Rick Wilkins 78 Big Tree Street Livonia, New York 14487 Mr. Andy Mattle 4260 Federal Road Livonia, New York 14487 Mr. Andrew Mayo 45 Washington Street Livonia, New York 14487 Dr. David Woodruff 22 Summer Street Livonia, New York 14487 Joshua Monster 7224 Richmond mills Livonia Center, New York 14487 Amy Stahl 75 Main Street Livonia, New York 14487 Mark Connor 5484 Federal Road Conesus, New York 14435 Dear Members of the Livonia Board of Education, I am devastated to write this letter to you all, however, I have been left with no other choice. Please know I fully realize the gravity of the ongoing health crisis engulfing district priorities, but this moment is also the time that Matt Cole has chosen to discredit me and engage in a calculated effort to target and egregiously disparage me and to jeopardize my professional livelihood and reputation. His toxic, inappropriate, unprofessional, and at times, illegal behavior toward me and 1|Page FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023 others has been ongoing and has culminated in a hostile work environment that led to such a level of stress for me that my health profoundly suffered. While I have been out of work on a medical leave in order to take care of my health for the past few and in the midst of the COVID- months, 19 global pandemic that has disrupted education and our community as we know it, Matt has chosen to ask the school board to vote to deny me tenure for reasons that are false and unfounded, and I believe due to retaliation. I have loved this school community and have enjoyed taking care of the students, families and staff at Livonia High School; I am exceptionally proud of my leadership and the collaboration that has led to a stronger and more vibrant high school community. My letter to you is one I never thought I would be compelled to write, and it is my hope that you will hear me and take my words under consideration. Evaluation of My Performance: I had one informal meeting with Matt wherein he provided informal feedback in January 2017 and one summative evaluation in October 2017. (The evaluation was dated August 2017, but Matt did not meet with me until October 2017). I have not had a formal evaluation since that time, nor at any point have I received any indication that I was not successfully tracking to earn tenure as the principal of Livonia High School. Evaluations are a legal requirement for untenured educators. Matt's failure to provide me with an evaluation creates a legal presumption that my Reeves' performance was effective. Attached for your reference is a copy of the Douglas Performance Rubric from October 2017. I have also attached a Letter of Recommendation written about me by Steve Passero (for my file), and a touching essay written by an at-risk student about why I was the student's role model. Principalship: Under my leadership and in collaboration with teacher leaders, numerous initiatives and programs were created and strengthened. Below are the highlights of my program and initiative management. Social and Emotional " The development and of: individualized student plans, SafeTalk suicide monitoring safety awareness training and monitoring for students and staff, participation in the annual HERO opioid awareness assembly for juniors and seniors, sustaining and supporting the growth of Link Crew, creating Kindness Club opportunities to help students feel a sense of belonging, creating safe areas for lunch time and relationship building with Mike Sterling in Room 141 and with Sherri Buys, Toni Garbacik and George Wong in the Pathways classroom, safe zone lunch area for disenfranchised students in the counseling office, monthly class meetings, staff mentoring for the most at-risk students, monitoring and supporting the academic eligibility process, leading the restorative practice model of discipline alongside John Gammon with support from the counseling department to conference with students to repair relationships following a conflict or incident, and I helped to facilitate a video morning announcement in collaboration with the library and IT. 2|Page FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023 Graduation Tracking and Improvement " Increased student attendance and reduced rate of student tardiness to school, established Pathways classroom for tutoring, established online credit recovery and monitoring, worked closely with Deanna Miller and consultants from BOCES to support the Quality Improvement Plan (QIP) (a special education review based on state data results from before my tenure as the high school principal), sustainable interventions were put in place to support students with disabilities with specific professional development put in place for all students and net credit plans mid- staff, monitoring quarterly building safety recovery year and for the summer program to keep students tracking to graduation through summer school and in-house remediation/review or credit recovery plans, created a Spanish 1 recovery class in-house over the summer and throughout year as needed, special focus on students with disabilities (SWD) monitoring in collaboration with Deanna Miller, worked collaboratively with staff to establish a flat 50% for failing grades between 0-50% thereby allowing at risk students the opportunity to have hope to potentially pass a failing class-in, addition of every department allowing for credit recovery on most assessments, developed teams of teachers to meet often to monitor and make counselors aware of students in jeopardy, and I set the expectation of communication home for students in jeopardy each marking period. Notably, the graduation rate exceeded 90% each year under my principalship, including the important improvement of the percentage of students with disabilities earning a high school diploma. Professional Learning and Student Support " Provided for staff development through meetings on ELL students, Restorative faculty Practice, Students on the Autism Spectrum, Trauma/Toxic Stress/Anxiety and the Adolescent brain/ODD students, case study work with individual departments and University of Rochester consultant Dr. James Wallace, SafeTalk suicide awareness, credit recovery systems and best practice, Pathways classroom assigned for executive functioning support, initiated an annual Program of Studies night to showcase the programming 9d' opportunities at the high school and engage with families, including incoming grade students and families, worked collaboratively with each department to update the Course Description Book increasing access for all learners by eliminating almost all prerequisites, IRLA/SIPPS reading support put in place and supported by special education teachers and designated TAs, reconfigured the special education department to have grade level designated teacher support and the shared responsibility for monitoring 504 plans with the counseling department. Program Opportunities and Master Scheduling: I am certain that Matt has made sweeping and unfounded claims about his lack of confidence in my ability to prepare the master schedule. The criticism is unjust. I worked alongside Karen Bennett during the summer of 2016 and a portion of 2017 to learn the nuances of building a high school schedule with constraints and unique challenges, all the while meeting the needs of students of all needs and abilities. Each year I have designed and engineered a master schedule 3|Page FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023 that provides flexibility and an equity of opportunity for all students. The long term plan to scale and adjust the program offerings due to declining enrollment, as well as the right-sizing of departments has been completed with the full collaboration of the high school department chairs and they are a witness to this work (specifically the Science, Business, Art, Applied Engineering and Information Technology departments). Preparing the schedules is a project that was impacted by staffing changes and the efforts to provide equity of curricular and program opportunity for all learners. Due to the loss of multiple staff members from retirements or resignations, the master schedule was constrained by the loss of 31 sections. Efforts to align and strengthen courses moved ahead in the offerings including: merging Global 9/9H and Earth Science Regents/Honors as there was no distinct difference in the curriculum, the English 12 curriculum for all- strengthening including a special English 12 course for our most at-risk students, adding multiple APs/dual credit courses (ex/Computer Science, AP Gov/Pol, SUNY ESF, pilot CTE track coursework in Business Dept.) The decision was made that online coursework in health was a last resort, not a preferable option as the students were missing vital instruction, students continued to have choice and opportunity in the thriving music program, so the ability to double or triple up was continued. The program opportunities have continued for all students due to collaboration and important choices made within the structure of the master schedule. I am proud of this work and the ability for students in a fringe rural community to have world class educational opportunities. Matt Cole's Behaviors/Statements: Overall, it is commonly noted that Matt's behavior toward many colleagues changed abruptly after his humiliating experience in being rejected from the superintendency of Canandaigua. The spark that began Matt's negative treatment of me specifically began when he intended on having me stay in his condo during the 2018 GVEP administrative retreat. The other administrators were assigned individual hotel rooms. One other woman and I were assigned to his condo. I expressed concern, as this sleeping arrangement was highly inappropriate in a professional/workplace situation. On my behalf, Chuck D'Imperio asked Matt to provide me with a separate hotel room. As I was driving to the retreat, Matt called and in a hostile manner said, "Something changed and the original plan did not work out. When you arrive, you will have your room." own hotel Because I would not sleep in his condo with him, his entire attitude toward me changed. Most of the statements and behaviors listed below were witnessed by the admin core team comprised of: Chuck D'Imperio, MS Principal, Casey Whittel, ES Principal, Robbin Carll, Dir of Operations and as of Spring 2019 Dir of Business, and Jeremy Lonneville. Other statements or behaviors were witnessed by the full admin team also including: John Gammon, Deanna Miller, Mark Kress, Bonnie Kuhn, Jen McMahon, Nicole McGarry, Steve Montemanaro, and Steve Passero. Generally, Matt ignored me during meetings and would disregard questions/concerns or suggestions I would make. It was evident to all that he was disrespectful and at times condescending toward me. It got to the point thatmy male colleagues (John Gammon, Casey Whittel and Chuck D'Imperio) would speak for me or on my behalf at meetings as to protect me from Matt's disdain or wrath. 4)Page FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023 There are many examples of microaggressions, racist, ageist, anti-Semitic, and sexist comments that I suffered through. In addition, he has targeted me for whistleblowing and upholding the integrity of multiple processes which ultimately held him accountable. The intimidation was and is unbearable. He rules the admin team with fear and his professionalism is deplorable. Matt's corruption towards me extends to corrupt practices that impact the district. Most notably, Matt spends a great deal of time out of the district working for a private consulting company-Institute for Education Innovation. My records indicate 200+ hours away from the district on personal business. Matt bragged about attending events wherein he and other members of the enterprise were wined and dined by technology companies. Upon information and belief, he entered arrangements whereby the district purchased technology products associated with the enterprise. I believe, it was my resistance to the useless/hurtful tech products andmy questions about the seeming conflict of interest, which, in part, causes Matt not to want me as the principal. The following are examples of the types of behavior that your Superintendent has engaged in. All of these examples (and more) are provable in any administrative hearing and/or court of law. Certainly, the volume of factual issues will lead to a prolonged and costly trial if a settlement is not negotiated with me. ..................................................................................................................... Example 1: Matt stopped into my office as I worked on the master schedule days before we were to leave for an administration retreat/conference in Ellicotville, NY. I was finalizing edits in scheduling students with disabilities within the master schedule based on feedback from the special education dept and Deanna Miller. Matt said, "There are two things that we can't fuck up-you have to build a master schedule and I have to develop a budget. If you need some more time to work on this-let me know, I want to support you retreat." and you can arrive late to the I thanked him and told him I would know if it was necessary in 24 hours. At that point, I called and said I would need to arrive to Ellicotville the evening of the first day to wrap things up with the schedule. He called me back, furious and said that was unacceptable. He made an offer that was not sincere and used it as a strike in my one and only summative evaluation. Example 2: Matt has made hotel arrangements for the admin to attend an administration retreat/conference in Ellicottville, NY. He has placed me in his three-bedroom condo along with Robbin Caril. I am highly uncomfortable with this as it is inappropriate and through Chuck ask for my own hotel room (like the other 7 administrators). My room arrangement is changed and this begins a change in his attitude and behavior toward me which continued throughout my employment. Example 3: Discussion at core team regarding staffing in the art department. Matt made multiple joking and disrespectful comments regarding Ethan Lyons and referenced his behavior as annoying and connected to his being "a Jew". 5 I P a g e FILED: ALBANY COUNTY CLERK 03/31/2023 10:47 AM INDEX NO. 902786-23 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/31/2023 Example 4: At a core team meeting Matt made a comment about Steve Passero, the retired admin who filled in as the Dir of Special Education. "We like when old guys come in". Matt often referred to Chuck D'Imperio and me as "old"...mocked us when it came to technology and as soon as we both made a reference to something from earlier in our careers, Matt would often make a snide comment about our age. Most notably, on multiple occasions, Matt would say directly to me, "I can't ask when you're going to retire, but...", retire" "I'm not allowed to question when you're going to and then commented about the future plans at the secondary building in my absence. Matt openly and frequently referenced Steve Passero's age at almost every meeting. He called him, "Old man". class' Example 5: I shared some good news regarding Brian Sheldon's environmental study of the district wetlands and marsh area. When I shared that a beaver had built a dam and students were studying it, Matt snickered...repeatedly-insinuating the lewd sexual reference. I called him out on his sexual reference and immaturity directly. Example 6: Matt commented on a recent Office of Civil Rights case he was involved in regarding the treatment of an African American student. He commented, "Yes we suspend more African American kids...They are not from Livonia and they need to acclimate to our culture. Suspension is part of the process". Example 7: Matt commented about another female staff member's age. "Jen? She's not say." like 32...closer to retirement by the looks of her, her husband does ok though I'd Example 8: Chuck stated he was cold in Matt's office and I offer him my coat. Matt turns him" to me and says, "I'm ok with you sharing your jacket just don't ask for a snuggle with Example 9: In a 1:1 meeting with me, I expressed my concern about micro aggressions and peer treatment of Black or Latino students. Matt's response was, "Livonia is racist. Get it." used to Example 10: Allie Evans had violated the character expectations for membership in National Honor Society. Allie had humiliated Patrick Mayo with her senior quote in the yearbook. Andy Mayo called me to investigate the concern and it was verified. We were able to edit the yearbook before the book went to press and we incurred a cost of $800 to do so. Allie also used the anonymous district tipline to mock out Matt Cole's hair while she was wearing an NHS gown and sitting in the audience during the NHS induction ceremony. The student is the daughter of his friend who also works in district office. Matt deal" asks me to not process any dismissal proceedings as in his words, "it was not a big and "she just made a mistake-she's just a kid". The student behavior was egregious enough it needed to be processed appropriately and dismissal from NHS was warranted. The faculty council voted unanimously to remove her. The family ap