Case 16-1271, Document 32, 08/09/2016, 1836037, Page1 of 277 16-1271cv IN THE United States Court of Appeals FOR THE SECOND CIRCUIT _______________________________________________________________ JOANNE FRATELLO, Plaintiff-Appellant, v. ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK, ST. ANTHONY’S SHRINE CHURCH, AND ST. ANTHONY’S SCHOOL, Defendants-Appellees. _______________________________________________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK _______________________________________________________________ APPENDIX Volume 2 MICHAEL D. DIEDERICH, JR. Attorney for Plaintiff-Appellant 361 Route 210 Stony Point, NY 10980 (845) 942-0795 [email protected] Case 16-1271, Document 32, 08/09/2016, 1836037, Page2 of 277 Appx. 178 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------X JOANNE FRATELLO, Case No.: 12 civ. 7359 (CS)(CMS) Plaintiff, DECLARATION -against- ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK, ST. ANTHONY’S SHRINE CHURCH AND ST. ANTHONY’S SCHOOL, Defendants. -------------------------------------------------------------------X KENNETH A. NOVIKOFF, an attorney duly admitted to practice law in the Courts of the State of New York, declares pursuant to 28 U.S.C. § 1746(2) that the foregoing is true and accurate: 1. I am a Partner in the law firm of Rivkin Radler LLP, counsel for Defendants ARCHDIOCESE OF NEW YORK i/s/h/a ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK, (“Archdiocese”), ST. ANTHONY’S SHRINE CHURCH, (the “Church”), AND ST. ANTHONY’S SCHOOL, (the :School”), (collectively “Defendants”), in the above-captioned matter. As such, I am fully familiar with the facts and circumstances stated herein. 2. I submit this Declaration in support of Defendants’ motion pursuant to Fed. R. Civ. P. 56(a), seeking judgment summarily dismissing the Amended Complaint filed by Plaintiff Joanne Fratello (“Plaintiff” or “Ms. Fratello”). 3. Annexed hereto as Exhibit “A,” is a true and accurate copy of portions of the Archdiocese’s website, available at http://buildboldfutures.org/. 4. Annexed hereto as Exhibit “B,” is a true and accurate copy of a letter of reference from Mr. Charles Celauro, dated July 10, 2006. Case 16-1271, Document 32, 08/09/2016, 1836037, Page3 of 277 Appx. 179 5. Annexed hereto as Exhibit “C,” is a true and accurate copy of Ms. Joan Wall’s evaluation of Plaintiff, dated March 6, 2007. 6. Annexed hereto as Exhibit “D,” is a true and accurate copy of Ms. Diane Morgiewicz ‘s evaluation of Plaintiff, dated March 4, 2007. 7. Annexed hereto as Exhibit “E,” is a true and accurate copy of Plaintiff’s self- evaluation, dated February 20, 2007. 8. Annexed hereto as Exhibit “F,” is a true and accurate copy of a letter addressed to Monsignor Reynolds from Plaintiff, dated March 23, 2007. 9. Annexed hereto as Exhibit “G,” is a true and accurate copy of Plaintiff’s counsel’s letter, dated July 19, 2011. 10. Annexed hereto as Exhibit “H,” is a true and accurate copy of Plaintiff’s Equal Employment Opportunity Commission, (“EEOC”), Complaint, dated December 5, 2011. 11. Annexed hereto as Exhibit “I,” is a true and accurate copy of an article entitled “Strong Faith Motivates New St. Anthony Principal,” published in the “Rockland County Journal News,” dated August 28, 2007. 12. Annexed hereto as Exhibit “J,” is a true and accurate copy of Monsignor Reynolds’ evaluation of Plaintiff, dated March 4, 2008. 13. Annexed hereto as Exhibit “K,” is a true and accurate copy of Sister Helen Doychek’s evaluation of Plaintiff. 14. Annexed hereto as Exhibit “L,” is a true and accurate copy of Ms. Margaret Murphy’s evaluation of Plaintiff, dated March 6, 2008. 15. Annexed hereto as Exhibit “M,” is a true and accurate copy of Ms. Lois Dorsey’s evaluation of Plaintiff, dated March 13, 2008. Case 16-1271, Document 32, 08/09/2016, 1836037, Page4 of 277 Appx. 180 16. Annexed hereto as Exhibit “N,” is a true and accurate copy of a video of Plaintiff reading the children’s’ book, Little Owl and the Star: A Christmas Story, to a student. 17. Annexed hereto as Exhibit “O,” is a true and accurate copy of an email dated January 7, 2009. 18. Annexed hereto as Exhibit “P,” are true and accurate copies of memoranda and e- mails under Plaintiff’s name to St. Anthony’s teachers. 19. Annexed hereto as Exhibit “Q,” is a true and accurate copy of a portion of the School’s 2011 Yearbook. I declare the truth of the following subject to the penalties of perjury. Dated: Uniondale, New York April 21, 2015 /s/ KENNETH A. NOVIKOFF 3163800 v1 Case 16-1271, Document 32, 08/09/2016, 1836037, Page5 of 277 4/20l2015 About Us I Build Bold Futures Appx. 181 GRADES K-8 (HTTP:/IBUILDBOLDFUTURES.ORG/ELEMENTARY/) (http:/lbuildboldfutures.org/elementary/) GRADES 9-12 (HTTP://BUILDBOLDFUTURES.ORG/SECONDARY/) (http :/!build boldfutures. org/secondary/) VIDEOS (HTTP:!/BUILDBOLDFUTURES.ORGNIDEOSI) (http ://build boldfutures. org/videos/) TOURING TUESDAYS (HTTP:/!BUILDBOLDFUTURES.ORG/TOURiNG-TUESDAYS/) (http :/lbuildboldfutures. org/touring-tuesdaysl) About Us 2014-2015 New York Archdiocese At a Glance Superintendent of Schools Office 1011 First Avenue New York, NY 10022 Total Number of Schools 220 Enrollment 69,787 Web http:llbuildboldfutures.org (http://buildboldfutures.org) (http:l/buildboldfutures.org/wp-content/uploads/2014/08/McNiff-web.jpg)Timothy J. Our Mission McNiff, Ed.D., Superintendent of Schools and students from Blessed Sacrament School and Sacred Heart of Jesus School in Manhattan. is to ensure our are Christ-centered, academically excellent, and welcoming Case 16-1271, Document 32, 08/09/2016, 1836037, Page6 of 277 Appx. 182 communities that teach students to learners leaders energized by fidelity to Christ, the Church, and one another. Cathol School Experience Catholic education in the Archdiocese of New York began in 1805 in St. Peter's Parish in lower Manhattan. Today, Catholic educators in the archdiocese serve more than 71,000 students from Pre-K to t\tvelfth grade in rural, urban and suburban settings throughout the ten southern counties of New York State. Building on more than 200 years of inspiring students, our Catholic schools offer an excellent, nurturing, values-centered education in a structured environment that helps backgrounds realize their fullest potential as human beings. our going on to post-secondary education. Case 16-1271, Document 32, 08/09/2016, 1836037, Page7 of 277 About Us I Build Bold Futures Appx. 183 Our Catholic faith is central to what we do, and we proudly teach it. Gospel ideals permeate the substance and structure our lessons. We share our faith through daily prayer and regular celebration Mass as a school community. We foster a spirit of Christian service as an expression of our concern for the needs of others. Character formation and personal spirituality are rooted in the study of Catholic teachings and tradition, as well as sacramental preparation. Our academic programs grounded in basic skills meet the varied needs of each school community by incorporating technology, advanced math, hands-on science, and foreign language coupled with the various forms of art study. We offer a forward-focused curriculum, integrating technology into classroom instruction, preparing our students to compete in an increasingly complex world. Our students are motivated to do their best. We help them understand their talents, find meaning in their lives and build on their strengths to achieve success in school and beyond graduation. We provide them with the skills and inspire the self-discipline and confidence needed for them to take their places as compassionate leaders in their communities and in society. The Catholic school experience is an unparalleled opportunity to develop a child's mind, heart and soul. EXECUTIVE SUMMARY ''You show me a school that is thriving, and I'll show you a strong school leader ivith a vision.. " -Timothy McNtff, Ed.D., Superintendent ofSch.ools Catholic schools in the Archdiocese of New York continue to be places where children grow and learn. I firmly maintain, however, it is the adults in our school buildings who make the magic of effective learning happen, specifically our dedicated principals. You show me a school that is thriving, and I'll show you a strong school leader with a vision, which is why we decided to spotlight some of our exceptional principals in this year's Ji.nnual Report. Our strategic plan, Pathways to Excellence, laid out the roadmap for advancing Catholic education in the Archdiocese of New York, but implementing its strategies required resolve and heavy lifting on the part of our principals. While they are supported by a talented team of Regional Boards of Trustees, Regional Superintendents and Regional Business Managers, the principals are ultimately the ones who set the tone for in our schools. Read More Excellence Starts at the Top Case 16-1271, Document 32, 08/09/2016, 1836037, Page8 of 277 About Us I Buifd Bold Futures Appx. 184 ~ \l\itlitei •Amcan iliiC!ll!hOlie Ameria.lln Iii! Non CilJJlholic (http :I/bu lld boldfutu res.org/wp-contentlu ploads/2014/08/Arch-A T-A-GLANCEfd Partlalchart-web.jpg) The Bronx (http:l/buildboldfutures.org/wp-contentluploads/2014/08/Chart-web.jpg) 28 2 0 21 0 7 0 l 1 a 9 6 2 8 (http :lib u lld bo ldfutu res.org/wp-contentlu ploads/2014/08/Chart1 Web.I pg) Case 16-1271, Document 32, 08/09/2016, 1836037, Page9 of 277 4120/2015 Appx. 185 Archdiocese of New York Schools Meerang 2014 Proficie11cy Standards ELA Math Grade 4 Grade 5 Catholic Schools 3 Meets Proficiency Standard .. Level 4 Exceeds Proficiency (http :llbu lld boldfutu res.orglwp-content/u ploads/2014/08/NYSchart16yr-web.!pg) Test Results Footnote: * In January 2011, the NYS Board of Regents adopted the New York State P-12 Common Core Learning Standards (CCLS), which include the Common Core State Standan:ls (CCSS) and a small amount of additional standards uniquely added by New York State.