Miss-Delectable
New Member
- Joined
- Apr 18, 2004
- Messages
- 17,160
- Reaction score
- 7
Herald Community
Wearing a black, striped button-down shirt and black trousers, Clarke High School student John Cave Jr., who is deaf, sat on an office chair on Monday with his hearing dog, Simba, at his feet.
John was answering questions posed by Stanley Camhi, an attorney representing the East Meadow School District, with the help of his sign-language interpreter.
The inquires were part of a two-day-hearing Monday and Tuesday before State Administrative Law Judge Lilliana Estrella-Castillo. The state hearing follows on the heels of the Caves¹ $150 million federal lawsuit against the district, which was dismissed by U.S. District Court Judge Arthur Spatt on Feb. 27 but is scheduled for a hearing before the U.S. Court of Appeals in Manhattan on Friday.
This week¹s hearings were overseen by the New York State Division of Human Rights and held at its regional offices in Hempstead. The proceedings were part of an investigation by the state that began in January. The state is investigating whether the school district violated any of Cave¹s rights.
Since January, John, 15, has repeatedly attempted to enter the high school with Simba, and each time he has been denied entrance by school administrators on the grounds that the dog¹s presence was contrary to school policy and might pose health risks to staff members and students who have severe allergies to dogs.
John¹s parents, Nancy and John Cave Sr., argue that their son needs the dog in case of an emergency, and in order to be self-sufficient. Furthermore, the family claims, John Jr.¹s right to use the dog is guaranteed by the Americans with Disabilities Act.
Cross-examination
The investigation focused on the boy¹s experience with school officials from Jan. 1 to 5. Camhi asked whether John, who has limited hearing with the help of cochlear implants, had purposely attempted to enter the school with his hearing aids turned off on Jan. 4.
John responded that he had, and that he was trying to prove a point: that he is really deaf. He testified that when he was turned away by school officials, he took Simba back to his parents¹ car and entered the school. He then turned the implants back on for the rest of the school day.
One of Camhi¹s follow-up questions was whether John spends any time outside school without Simba. John said that he does so when he is riding his bike or swimming at the local pool. He explained that he leaves the dog at home when he rides because he cannot watch out for the dog while he is on his bike. He also doesn¹t bring Simba to the pool, he said, because dogs are not allowed there.
Camhi asked whether he turns his implants on when he uses his cell phone. John said he uses the phone mostly for texting. Camhi, who was aggressive in his questioning, pointed out that John had recently spoken to a teacher on the cell phone without the aid of an interpreter, and John said that was true.
Camhi asked whether John had stayed in a classroom during a fire drill because he had failed to notice the strobe lights or the alarm. John said no.
During her son¹s cross-examination, Nancy waited patiently outside the office for her turn to testify, and explained to the Herald the important role Simba plays in her John¹s life.
³The dog alerts John to sounds he may not hear in any situation,² Nancy said, adding that he had recently been treated for an illness at Winthrop University Hospital in Mineola, and Simba was allowed in the recovery room with him. ³[Simba] was allowed in a hospital without any problems,² she said. ³If other places have, why can¹t the district? They just want complete control and [to] not obey the law.²
Nancy added that Simba needs to be with John in order to learn new sounds. ³Simba¹s being home without John is confusing,² she said. ³Simba begins to lose his training.²
The state¹s investigation
Lourdes Centeno, special assistant to the commissioner of the Division of Human Rights, said that the state became aware of the case when it received a complaint from the Cave family. ³The original complainers filed a complaint with the regional office,² Centeno explained. ³And they contacted the central office and asked that we review and consider it for a division-initiated investigation.²
Centeno said that the division undertook the investigation because it found probable cause for the Caves¹ complain. And, she added, ³We understand that the situation could affect a lot of people.²
Centeno said she could not discuss the specifics of the case and would not speculate on the outcome, but she added that once the investigation is complete ‹ she would not estimate how long that might take ‹ the state will take action.
³If it is found that there is a violation,² she said, ³the commissioner can order the district to do or stop doing certain things.²
Section 296.14 of the state¹s Human Rights Law states that it is unlawful to discriminate against someone who is hearing-impaired ³on the basis of his or her use of a guide dog, hearing dog or service dog.² The law defines the level of hearing impairment at which use of a dog is appropriate as 40 percent or less of normal hearing capacity in the better ear.
On Tuesday the district was scheduled to present its witnesses at the hearing.
Wearing a black, striped button-down shirt and black trousers, Clarke High School student John Cave Jr., who is deaf, sat on an office chair on Monday with his hearing dog, Simba, at his feet.
John was answering questions posed by Stanley Camhi, an attorney representing the East Meadow School District, with the help of his sign-language interpreter.
The inquires were part of a two-day-hearing Monday and Tuesday before State Administrative Law Judge Lilliana Estrella-Castillo. The state hearing follows on the heels of the Caves¹ $150 million federal lawsuit against the district, which was dismissed by U.S. District Court Judge Arthur Spatt on Feb. 27 but is scheduled for a hearing before the U.S. Court of Appeals in Manhattan on Friday.
This week¹s hearings were overseen by the New York State Division of Human Rights and held at its regional offices in Hempstead. The proceedings were part of an investigation by the state that began in January. The state is investigating whether the school district violated any of Cave¹s rights.
Since January, John, 15, has repeatedly attempted to enter the high school with Simba, and each time he has been denied entrance by school administrators on the grounds that the dog¹s presence was contrary to school policy and might pose health risks to staff members and students who have severe allergies to dogs.
John¹s parents, Nancy and John Cave Sr., argue that their son needs the dog in case of an emergency, and in order to be self-sufficient. Furthermore, the family claims, John Jr.¹s right to use the dog is guaranteed by the Americans with Disabilities Act.
Cross-examination
The investigation focused on the boy¹s experience with school officials from Jan. 1 to 5. Camhi asked whether John, who has limited hearing with the help of cochlear implants, had purposely attempted to enter the school with his hearing aids turned off on Jan. 4.
John responded that he had, and that he was trying to prove a point: that he is really deaf. He testified that when he was turned away by school officials, he took Simba back to his parents¹ car and entered the school. He then turned the implants back on for the rest of the school day.
One of Camhi¹s follow-up questions was whether John spends any time outside school without Simba. John said that he does so when he is riding his bike or swimming at the local pool. He explained that he leaves the dog at home when he rides because he cannot watch out for the dog while he is on his bike. He also doesn¹t bring Simba to the pool, he said, because dogs are not allowed there.
Camhi asked whether he turns his implants on when he uses his cell phone. John said he uses the phone mostly for texting. Camhi, who was aggressive in his questioning, pointed out that John had recently spoken to a teacher on the cell phone without the aid of an interpreter, and John said that was true.
Camhi asked whether John had stayed in a classroom during a fire drill because he had failed to notice the strobe lights or the alarm. John said no.
During her son¹s cross-examination, Nancy waited patiently outside the office for her turn to testify, and explained to the Herald the important role Simba plays in her John¹s life.
³The dog alerts John to sounds he may not hear in any situation,² Nancy said, adding that he had recently been treated for an illness at Winthrop University Hospital in Mineola, and Simba was allowed in the recovery room with him. ³[Simba] was allowed in a hospital without any problems,² she said. ³If other places have, why can¹t the district? They just want complete control and [to] not obey the law.²
Nancy added that Simba needs to be with John in order to learn new sounds. ³Simba¹s being home without John is confusing,² she said. ³Simba begins to lose his training.²
The state¹s investigation
Lourdes Centeno, special assistant to the commissioner of the Division of Human Rights, said that the state became aware of the case when it received a complaint from the Cave family. ³The original complainers filed a complaint with the regional office,² Centeno explained. ³And they contacted the central office and asked that we review and consider it for a division-initiated investigation.²
Centeno said that the division undertook the investigation because it found probable cause for the Caves¹ complain. And, she added, ³We understand that the situation could affect a lot of people.²
Centeno said she could not discuss the specifics of the case and would not speculate on the outcome, but she added that once the investigation is complete ‹ she would not estimate how long that might take ‹ the state will take action.
³If it is found that there is a violation,² she said, ³the commissioner can order the district to do or stop doing certain things.²
Section 296.14 of the state¹s Human Rights Law states that it is unlawful to discriminate against someone who is hearing-impaired ³on the basis of his or her use of a guide dog, hearing dog or service dog.² The law defines the level of hearing impairment at which use of a dog is appropriate as 40 percent or less of normal hearing capacity in the better ear.
On Tuesday the district was scheduled to present its witnesses at the hearing.
