On that morning, Deathe instructed the children to go to the bathroom before classes started at 9 AM. Kristi had a documented fear of bathrooms and, although Kristi refused to go with the other children, Deathe eventually persuaded her to do so. When Kristi did not return with the rest of the class after some time, Deathe asked the classroom assistant to check the bathroom.
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Upon returning, the assistant asked Deathe to come to the bathroom, where Deathe found three piles of excrement on the bathroom floor. Kristi was still inside the bathroom at the time. Deathe walked back to her class to get paper towels and then returned to the bathroom where she asked Kristi to help her clean up the piles. Kristi was reluctant to assist Deathe and would frequently stop to talk with Deathe, eventually ceasing to make any progress. Deathe then told Kristi that she was going to leave the bathroom and Kristi was going to remain inside and clean the mess.
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After another while, Deathe told Kristi that she was going to hold the door of the bathroom shut while Kristi cleaned. Deathe then used a white ribbon to keep the bathroom door shut, checking Kristi's progress sporadically. After Kristi cleaned the bulk of the mess, Deathe attempted to clean Kristi and gave her new clothes.
While Kristi was in the bathroom, Deathe asked the school principal, Nancy Krodel "Krodel" , to observe the mess and talk to Kristi. Krodel saw the piles and asked Kristi what happened, to which Kristi did not respond.
Later, after she changed Kristi's clothes, Deathe took Kristi to Krodel's office where Krodel talked to her about her behavior and told her that big girls didn't make a mess on the bathroom floor. Krodel also showed Kristi a paddle to let her know what happened when children did not obey school rules. Krodel then let Kristi return to class and subsequently wrote up a disciplinary report about Kristi's behavior.
The entire incident lasted almost the whole morning of that day, nearly three hours. Siano about Kristi's placement. Spaeth offered them a placement for Kristi in the only other trainable mentally handicapped class, which was also in Coronado Heights.
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At the time, the Gerks indicated that Kristi was going to be re-evaluated and Spaeth mentioned that there could be other placement possibilities depending upon the results of the new evaluation. The Gerks rejected the offer of placement in the other class at Coronado Heights and refused to allow Kristi to return to the school. Spaeth agreed to provide Kristi with a homebound tutor pending the results of her testing and a meeting to discuss Kristi's education plan "IEP" was to be scheduled.
Kristi now attends public school in the Edmond Public Schools. After the meeting with Spaeth, the School District sent notices to the Gerks informing them of their right to have a due process hearing to review Kristi's educational plan; however, the Gerks did not file a request for a hearing. In addition, the Gerks alleged violations of Kristi's constitutional rights and various common law torts which resulted from the occurrences at Coronado Heights.
On January 20, , the Court stayed this action pending exhaustion of administrative remedies by the Gerks. On March 5, , the plaintiffs reported that they were unable to obtain a due process hearing from the Oklahoma State Department of Education because they no longer lived in the original school district. On June 22, , plaintiffs filed an amended complaint, alleging violations of Kristi's Fourteenth Amendment rights by the same defendants, pursuant to 42 U. In addition, the plaintiffs alleged the state common law torts of false imprisonment and outrage against defendant Deathe.
Summary judgment is appropriate if the pleadings, affidavits and depositions "show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Any doubt as to the existence of a genuine issue of material fact must be resolved against the party seeking summary judgment.
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In addition, the inferences drawn from the facts presented must be construed in the light most favorable to the nonmoving party. Board of Education v. Nonetheless, a party opposing a motion for summary judgment may not simply allege that there are disputed issues of fact; rather the party "must set forth specific facts showing that there is a genuine issue for trial. See also Anderson v. Liberty Lobby, Inc. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.
In the context of school discipline, the standard for finding a substantive due process violation of the Fourteenth Amendment is "whether the force applied caused injury so severe, was so disproportionate to the need presented, and was so inspired by malice or sadism rather than a merely careless or unwise excess of zeal that it amounted to a brutal and inhumane abuse of power literally shocking to the conscience.
Miera, F. Tawney, F. Plaintiffs claim that Deathe's actions on the morning of September 24, were so outrageous as to be a substantive violation of Kristi's Fourteenth Amendment Due Process rights. Deathe contends that nothing she did affected Kristi's Fourteenth Amendment rights. Skip to content. Oklahoma Academic Standards and Assessments:. The exams may consist of a combination of multiple choice, short answer, and essay questions.
Tests are offered twice per year usually May and July — the test dates will be posted in March. Tests are available for students in grades Students must be currently enrolled in Edmond Public Schools. Testing in elementary is whole grade only. To skip an entire secondary grade, students must take ELA English Language Arts , math, science, and social studies.
Secondary students are allowed to test in single subjects as well. The permanent record will reflect credit-by-exam; with a letter grade of A.
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Seemingly everyone from my siblings to my great grandpa either played multiple instruments or sang. Music has always been a part of my life and I hope it will continue to be so. Other than the violin, I play piano, viola, guitar, ukulele, and I sing.
Gerks v. Deathe, 832 F. Supp. 1450 (W.D. Okla. 1993)
I have a BM in violin performance from the University of Tulsa. Sarah Evans B. Oboe, University of Oklahoma and M. Oboe, University of Michigan is a stay-at-home mom, wife, and freelance musician and educator in the Tulsa area. James Fellows has been the Principal Bassoon and Manager of the Signature Symphony since its inception with Tulsa Community College in , Fellows affiliation with the orchestra dates to An accomplished classical and jazz trombonist, Rich is the principal trombonist with the Signature Symphony, and also performs in a variety of musical settings; from the pit orchestras for Broadway touring musicals, like The Lion King or Book of Mormon to national touring performing artists like Kristen Chenowith, or Frank Sinatra Jr.
Over the years, he has performed in musical genres ranging from big band and jazz, to klezmer and salsa. Stephen Goforth is an Oklahoma musician who has distinguished himself as a trumpet virtuoso comfortable in any venue — principal trumpet, featured soloist, lead trumpet, jazz soloist, church soloist, conductor, clinician, composer, recording artist, brass quintet and more. He is particularly known for brilliant piccolo trumpet playing and spontaneous exhilarating obbligatos. He has performed for OKMozart numerous times, toured with the Dallas Brass, played in Europe, with numerous touring artists and for presidents and other dignitaries.
His programs stretch from church choral works to full orchestras to the acclaimed Experience Trumpets concert featuring more than 20 instruments. His most recent recordings and compositions are being played on national television networks including Fox, Disney, Nickelodeon, Comedy Central, in Europe, Africa, and most recently Asia and Australia. Flutist Dana Higbee is a person with multiple talents and interests. She is a former member of the Tulsa Philharmonic. She regularly performs chamber music with Tulsa Camerata, and is a flute instructor at Oral Roberts University.
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Dana and her husband Paul are parents to four children and 4 grandchildren. He is proud to have been a member of the Bartlesville Symphony for many years. His wife Valerie and son Colin are both violinist. Being a music teacher was her goal as early as elementary school and specializing in strings became her focus in high school.
As the head of the string program in the Jenks Public Schools, she directs all of the high school orchestras though previously she has taught choir, band, music theory, and general music. In addition to playing violin with Signature Symphony, she performs on both violin and viola in small ensembles and has a small number of private students. Murray is the second violinist of the Tulsa Rock Quartet.