4. Student's Academic Performance And Behavior

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As for not having had disciplinary problems :

See 11/21/97 Student Behavior Memo/Referral from Teacher Warden; 5/26/98 Student Behavior Memo/Referral from Teacher Marcelin-Bara; 5/19/99 Student Behavior Memo/Referral from Teacher Charitable. ( Excerpt from Mr. Viani's report)

JS, unaware that these referrals were made available to us, responds to Mr. Lower's cross-examination :

LOWER : Did you have a teacher by the name of Warden on the first semester ?

JS : Correct.

LOWER : Of 97/98 ; is that yes ?

JS : Yes.

LOWER : What did Mr. Warden teach ?

JS : English.

LOWER : During that time were you criticized by Mr. Warden for walking around during class ?

JS : Yes, I was.

LOWER : Were you criticized for making noise in class ?

JS : Correct.

LOWER : Were you criticized for playing a lot in class ?

JS : No.

LOWER : Did you get a disciplinary referral from Mr. Warden ?

JS : No, I did not. [ Mr. Lower had a copy of such referral ]

LOWER : When you were transferred to the new class do you recall whether there was a paraprofessional by the name of Marseline, Miss Marseline ?

JS : I don't know her name, I know there was a paralegal at the classroom at the time.

LOWER : Paraprofessional ?

JS : Excuse me.

LOWER : Did the paraprofessional criticize you for your behavir in the class ?

JS : No.

LOWER : Did you refuse to do class work ?

JS : No.

LOWER : Were you a leader of about four or five students ?

JS : No.

LOWER : Did you tell students not to do any work because they would fail the math class ?

JS : No, I did not.

LOWER : Did you blame the teacher for the failure of other students ?

JS : No.

LOWER : Did you bring food to class ?

JS : No.

LOWER : Did you eat food during class ?

JS : No, I might have had it in my bag but I never ate it.

LOWER : Did you speak so loudly in the class so as to disturb the class ?

JS : No, I did not.

LOWER : Did you ever refuse to be quiet when asked to be quiet by the paraprofessional ?

JS : No.

LOWER : Did you have any disciplinary problem at all the rest of that year ?

JS : No.

(...)

LOWER : Who was your math teacher in May of 1999 ?

JS : Mr. Charitable.

LOWER : Did Mr. Charitable criticize you for leaving your seat and disturbing other students ?

JS : No.

LOWER : Did he criticize you for being a constant talker and interfering with the lesson ?

JS : No.

LOWER : Did he criticize you for throwing paper balls ?

JS : No.

LOWER : Did he criticize you for leaving the classroom without permission ?

JS : No.

LOWER : Did he criticize you for using obscene language ?

JS : No.

LOWER : Did you ever use obscene language directed at Mr. Fofana ?

JS : No.

LOWER : Did you ever use obscene language directed at any teacher ?

JS : No.

LOWER : Did you ever threaten Mr. Charitable ?

JS : No, I did not.

LOWER : Did you ever curse at him and tell him that you were going to call the dean ?

JS : No, I did not.

LOWER : That's all I have.