FILED: WESTCHESTER COUNTY CLERK 07/20/2016 01:50 PM

NYSCEF DOC. NO. 3

INDEX NO. 60109/2016

RECEIVED NYSCEF: 07/20/2016

Exhibit "A"

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF WESTCHESTER
X

In the Matter of the Claims of:

J.L., an infant over the age of 14 years. by his mother
and natural guardian. ANONYMOUS PARENT.
Claimant.
-against-

Index No.

CHAPPAQUA CENTRAL SCHOOL DISTRICT and

CHRISTOPHER SCHRAUFNAGEL.
Respondents.
X

STATE OF NEW YORK

: ss
COUNTY OF WESTCHESTER

.111111111111111111. being over the age of eighteen (18) years and being duly
sworn, depose and state:
1.

I am the mother and natural guardian of the infant Claimant J.L.

J.L. was born on

and is presently sixteen (16) years

of age.
3.

From September. 2013 to the present date, J.L. has been a student at Horace

Greeley High School. located at 70 Roaring Brook Road, Chappaqua, New York 10154.
4.

Christopher Schraufnagel was a drama teacher at that school, who gained the

trust of my son J.L. from when my son first entered the theatre program in September 2013.
5.

On June 11. 2015. J.L. told myself and his father that he needed to tell us

something. That evening. J.L. and another student who recently graduated from Horace
For the purposes of protecting the identity of the infant and victim of sexual abuse, the Affidavit filed with the
instant application omits the names and dates of birth of both the affiant and the infant Claimant in accordance
with N.Y.Ct. Rules, Sec. 202.5 and in furtherance of the intent of Civil Rights Law Sec. 50- b.
unredacted Affidavit is available for the Court's in camera review.

The original

Greeley High School met with us and told us about the inappropriate sexual contact, abuse and
behavior of Christopher Schraufnagel with them and other students that had been ongoing.
6.

On June 12, 2015 we received a telephone call from Lynn McKay, the

Superintendent of the Chappaqua Central School District, informing us that they have to
report student abuse complaints to the State and that she would be sending us a letter. A copy
of the communications that we received from school personnel relating to the abuse situation
involving our son, J.L. is annexed as Exhibit "1"2 of this Affidavit.
7.

My husband and I were contacted by the New Castle Police on June 22, 2015

and they have investigated the incidents. communicated with J.L. and other victims, and the
Westchester District Attorney's Office have commenced criminal proceedings against
Chistopher Schraufnagel, involving not just the abuse of J.L., but other students at the school
as well.
8.

Upon information and belief. three of the other students have commenced civil

actions against Chappaqua Central School District and Christopher Schraufnagel.

9.

Our son. J.L. has been diagnosed with PTSD due to these traumatic events and

our first and foremost concern was to help J.L. Initially, there was great concern about any
further trauma in affecting the remaining years of J.L. at the school. As other students were
stepping forward and reporting what happened. together with the therapist's opinion that J.L.
was ready to talk about what happened. and that psychologically it may be of benefit to him.
we consulted with Sullivan Papain Block McGrath & Cannavo, P.C.
10. I believe that J.L. has a meritorious case against CHAPPAQUA CENTRAL
SCHOOL DISTRICT and CHRISTOPHER SCHRAUFNAGEL. and join in our attorneys'

2 Again, the exhibit submissions are redacted to protect the identity of the infant Claimant. The oriainal
unredacted copies are available for the Court's in camera review.

requests that the Court grant us leave to file late Notice of Claim on behalf of J.L. and deem it
timely filed Nune Pro Tune.

a/k/a
ANONYMOUS PARENT,
Mother and Natural Guardian of
Infant J.L.
Sworn to before me this 41
day of July. 2016.

otary Public

Exhibit "1"

CHAPPAQUA CENTRAL SCHOOL DISTRICT

P.O. BOX 21, CHAPPAQUA, NEW YORK 10514 (914) 238-7200

Lyn McKay, PhD

Superintendent

June 16, 2015

41/////iNillMal
Dear Mr. and Mrs..,
As you are aware, on June 15, 2015, Jallareported to Assistant Principal Andrew
Corsilia that he has been a victim of child abuse by an employee of the Chappaqua
Central School District. Based upon a finding of reasonable suspicion that child
abuse has occurred, I have forwarded a report to the Commissioner of Education
and law enforcement authorities, as required by law.
In accordance with Education Law, Section 1128, attached please find a notice of
your rights in this matter.
Please know that you can contact me at any time to discuss this matter and, most
importantly, know that the district is available to provide support to Jiarduring
this process.
Sincerely yours,
1;2)
Lyn McKay
AS:tm

STATEMENT OF PARENTAL RIGHTS, RESPONSIBILITIES AND PROCEDURES

UPON THE REPORTING OF AN ALLEGATION OF CHILD ABUSE IN AN
EDUCATIONAL SETTING
In accordance with Education Law, Section 1128 and Commissioner of Education
regulation 8-A N.Y.C.R.R. Part 100.2 (hh), please be advised of the following:
1.

As the parent of, or the guardian or person in parental relation to, a child under the age of
twenty-one (21) enrolled in a New York school district, you have the right to: prompt
notification of our receipt of an allegation that your child has been abused in an
educational setting; to be made aware of our responsibilities to report such allegation;
and the procedures to be followed upon the receipt of such allegation.

(a)

Child abuse in an educational setting means: intentional or reckless

infliction of physical injury, serious physical injury or death; or intentional or
reckless conduct which creates a substantial risk of physical injury, serious
physical injury or death; or child sexual abuse, defined as conduct prohibited by
Article 130 or 263 of the Penal Law; or the commission or attempted commission
against a child of the crime of disseminating indecent materials to minors pursuant
to Article 235 of the Penal law, occurring on or in the building and grounds of a
public school district, the vehicles provided by the school district for the
transportation of students to and from school buildings, field trips, co-curricular
and extra-curricular activities both on and off school district grounds, all
co-curricular and extra-curricular activity sites, and any other location where
direct contact between an employee or volunteer and a child has allegedly
occurred.

2.

(a)

In any case where an oral or written allegation is made to a teacher, school nurse, school
guidance counselor, school psychologist, school social worker, school administrator,
school board member or other teaching or administratively licensed or certified employee
that a child has been subjected to child abuse in an educational setting by an employee or
volunteer, the individual to whom such oral or written allegation is made must:
promptly complete a written report of such allegation setting forth:

(i)

the full name of the child alleged to be abused;

(ii)

the name of the child's parent;

(iii)

the identity of the person making the allegation and their

relationship to the alleged child victim;

(iv)

the name of the employee or volunteer against whom the

allegation was made; and
1

(v)

a listing of the specific allegations of child abuse in the

educational setting.

(b)

except where the school administrator is the person receiving the oral or
written allegation, the individual receiving the oral or written report must
promptly personally deliver a copy of the written report described above to the
school administrator of the school in which the child abuse allegedly occurred.

(c)

In the case where it is alleged that the child was abused by an employee or
volunteer of a school other than a school within the school district of the child's
attendance, the report will be promptly forwarded to both the Superintendent of
Schools of the child's attendance and the Superintendent of Schools where the
abuse allegedly occurred, and both Superintendents shall meet their obligations
under the law.

3.

Upon the administrator's receipt of the written report described above, for which there is
a reasonable suspicion to believe an act of child abuse has occurred, the administrator or
Superintendent of Schools shall:

(i)

promptly notify the parent, unless the parent is the one who has made the
allegation, that an allegation of child abuse in an educational setting has been
made regarding their child;

(ii)

promptly provide the parent with this Statement of Parental Rights,

Responsibilities and Procedures Upon the Reporting of an Allegation of Child
Abuse in an Educational Setting;

(iii)

promptly provide a copy of the received written report described above to

the Superintendent of Schools; and

(iv)

promptly forward the received written report described above to

appropriate law enforcement authorities;

(v)

where the person other than the subject child or the parent of the subject
child has made the allegation, the administrator shall ascertain from the person
making the report the source and basis for the allegation.

4.

Where the Superintendent of Schools forwards to the law enforcement authorities the
written report described above, the Superintendent of Schools shall also refer such report
to the Commissioner of Education if the employee alleged to have committed an act of
child abuse in an educational setting holds a certificate or license issued by the
Department of Education.
2

5.

Where a criminal investigation of alleged child abuse in an educational setting by an

employee or volunteer is undertaken in response to a report received from a school
administrator or superintendent of schools, and law enforcement authorities have
provided such report to the District Attorney and requested assistance, the District
Attorney, as soon as practicable, shall notify the Superintendent of Schools of the district
where the acts of child abuse allegedly occurred and of the school district where the child
is attending, if different, of an indictment or the filing of an accusatory instrument against
the employee or volunteer; and shall further notify such Superintendent(s) of the
disposition of the criminal case or of the suspension or termination of the criminal
investigation.

6.

Upon the conviction of a licensed or certified employee, against whom an allegation of

child abuse in an educational setting has been made, for any crime involving child abuse
in an educational setting, the District Attorney shall provide notice thereof to the
Commissioner of Education and to the Superintendent of Schools where the act of child
abuse occurred, and to the Superintendent of Schools where the child is attending, if
different. The Commissioner of Education shall, without delay, proceed to determine
whether the individual possesses good moral character, in accordance with the regulations
of the Commissioner of Education governing such determination.

7.

The Commissioner of Education shall prepare a form to be used for the recording and
transmitting of allegations of child abuse in an educational setting; and, shall also
promulgate rules and regulations for training of individuals necessary for the
implementation of this law.

8.

Reports and other written materials submitted, and photographs taken concerning reports
of alleged child abuse in an educational setting, in the possession of any person
authorized to receive such information shall be kept confidential and shall not be
redisclosed except to law enforcement authorities involved in an investigation of child
abuse in an educational setting or as expressly authorized by law or pursuant to a
court-ordered subpoena.
A school administrator or Superintendent of Schools shall exercise reasonable care in
preventing unauthorized disclosure.

9.

The willful failure of an employee to prepare and submit a written report of an allegation
of child abuse in an educational setting, as required by law, shall be a Class A
misdemeanor.
The willful failure of a school administrator or Superintendent of Schools to submit a
written report of child abuse in an educational setting to an appropriate law enforcement
authority, as required by law, shall be a Class A misdemeanor; and shall be punishable by
a civil penalty not to exceed $5,000.00 upon an administrative determination of the
Commissioner of Education.
3

The willful disclosure of a written record required to be kept confidential, pursuant to

law, to a person not authorized to receive or review such record shall be a Class A
misdemeanor.
10.

A school administrator or Superintendent of Schools shall not make any agreement to

withhold from law enforcement authorities, the superintendent of schools, or the
Commissioner of Education, where appropriate, the fact that an allegation of child abuse
in an educational setting against any employee or volunteer in return for the employee's
or volunteer's resignation or voluntary suspension from their position.
Each violation of the above prohibition shall constitute a Class E felony, and shall also be
punishable by a civil penalty not to exceed $20,000.00.

11.

A Superintendent of Schools who reasonably and in good faith reports to law

enforcement officials information regarding allegations of child abuse in an educational
setting or a resignation as required by law shall have immunity from any liability, civil or
criminal, which might otherwise result from such actions.
An employee or volunteer who reasonably and in good faith makes a report of allegations
of child abuse in an educational setting to a person and in a manner described in the law
shall have immunity from civil liability which might otherwise result by reason of such
actions.
A school administrator or Superintendent of Schools who reasonably and in good faith
makes a report or transmits a report of allegations of child abuse in an educational setting
in a manner described in the law shall have immunity from civil liability which might
otherwise result by reason of such actions.

EMAIL FROM GUIDANCE COUNSELOR :

On Jun 16, 2015, at 8:30 AM, Colpa, Tinuke <TiColpa@ccsd.ws> wrote:

Hi

L.

I know JOhlwas particularly close to Chris Schraufnagel. I'm just checking in to see if he is
okay.
Please let me know.
Thanks
Tinuke

k1Pir.7;tie doiAa
School Counselor
Horace Greeley High School
70, Roaring Brook Road, Chappaqua NY, 10514
(914) 238-7201 ext 2134
"Be kind, for everyone you meet is fighting a battle you know nothing about."
Wendy Mass, The Candymakers

Email sent out from principal on 6/15/15

Dear Students,
We understand a number of you are concerned about the conversations in the community about the
Greeley theater program. We want you to know that our counseling department is prepared to support you.
Some of your concerns are likely to do with final grades for your courses. We are committed to working though
these details in a fair and supportive manner. It is important for you to know that meetings scheduled this week
for your theater courses are now cancelled. We will be sharing more information about your courses as it
becomes available.
Sincerely,
Robert Rhodes
Principal
Horace Greeley High School

From the principal on 6/16/15

Dear Students and Families:
As conversations continue to circulate about the Greeley Theatre Program, we understand that many of Mr.
Schraufnagel's students are feeling a range of emotions. We want you to know that our counseling staff is
aware of your concerns and is prepared to meet with students and parents to help support them. We also
understand that many students have concerns about how their final grades are to be calculated in
your theater classes, and some of you are having difficulty preparing for exams in other classes.
This letter will explain the academic adjustments we are making to support all students currently enrolled in Mr.
Schraufnagel's classes.
All of Mr. Schraufnagel's class finals have been canceled. Students' final grades in these classes will be
calculated by averaging the existing quarter grades in Infinite Campus.
For all other final exams scheduled (for students currently enrolled in classes taught by Mr. Schraufnagel):
o Students have the option to be exempt from finals, including exams taken this past Monday and Tuesday.
o If you wish to be exempt from an exam you have already taken on Monday and/or Tuesday, you will need to
see your counselor by no later than Friday, 6/19 to let him or her know your decision to be exempt. Note: if
you have taken the US History or Living Environment Regents exam and wish to be exempt, we can only
prevent it from counting toward your course grade. The Regents score must be reported to New York State
and recorded on your transcript.
o For all exams yet to be taken, including Regents exams, if you wish to be exempt, please do not report to the
exam. Our attendance office will call home about your absence and your parent will report your wish to be
exempt. Note: for all remaining exams, if you take the exam, the grade will be recorded and factored
into your final average.
Students who decide not to take any upcoming Regents exam(s) he or she must notify his or her counselor in
order to determine whether or not the exam will need to be taken at a later date.

Finally, we want you to know that Mr. Schraufnagel continues to be on administrative leave and it will not be
possible for you to contact him for the remainder of the year, since he will not be on campus.
If you should have any questions about this plan, please contact your counselor.
Sincerely,
Robert Rhodes
Principal
Horace Greeley High School

Email sent out 6/16/15

Dear Greeley Families,
As you may or may not know, a Greeley theater production was unexpectedly cancelled this past Friday night.
We are writing to assure you that the school district is aware of the rumors and discussions that have been
circulating in the community over the weekend regarding our high school's theater program. Please know that
we are responding appropriately, respectfully, and fairly.
Any person with specific concerns regarding this matter is encouraged to contact Principal Robert Rhodes
at rorhodes@ccsd.ws or (914) 238-7201.
Sincerely,
Lyn McKay
Superintendent
Robert Rhodes
Principal

CHAPPAQUA CENTRAL SCHOOL DISTRICT

P. 0. BOX 21* CHAPPAQUA, NEW YORK 10514 e (914) 23B-72110
Email: lyrockav@ccsd.ws
Lyn McKay, Ph.D.
Superktendent of Schenk

October 2B, 2015

Dear Chappaqua Families,

As you may be aware, Chris Schraufnagel, a former theater teacher at Greeley, was arrested by the New
Castle Police today on a felony and serious misdemeanor charges_ The charges are deeply troubling for
our entire school community. Mr. Schraufnagel resigned from the District on Sept_ 4, 2015, after having
been on leave since June 15, 2015, when allegations first came to our attention_ We have been
cooperating with requests made by the New Castle Police and Westchester District Attorney throughout
their investigation and will continue to support the authorities in every way possible.
The safety and well-being of our students 'sour highest priority. Throughout the summer, our high school
clinical staff and guidance counselors were available, as they are now, to Greeley students. They are
experienced in dealing with trauma issues. Since June, Westchester Jewish Community Services clinical
experts have been consulting with us, including providing additional training for our high school
counseling team. They are continuing to work with us throughout the year.
Given the seriousness of the charges and the concerns they raise, your principal, in the coming weeks, will
provide an opportunity for you to discuss how to support your children and to learn how the District and
your school address safe learning environments for students.
An arrest of this nature has a profound effect on our community. We know that some students may be
talking about information that may make them feel confused or anxious. Their teachers, as well as our
clinical staff and guidance counselors, are well-prepared to address their concerns. Also, they can provide
additional resources for students and families.
This is a challenging time for our school community and we are doing everything possible to support our
students, parents, and staff. Our faculty and staff, as always, are committed to providing an academically
strong and safe learning environment for all students.
Thank you very much for your support and assistance during this difficult time for our school
community. Please contact your principal or me directly with specific questions or concerns.
Sincerely,
Lyn McKay
Superintendent

lth el