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Ottaviano vs. Kings Park Central School District et al.

The Kings Park Central School District is pleased that this litigation has been resolved. Under the settlement agreement the district will not be obligated to pay any money. The matter has been resolved to the district’s satisfaction.

We want to remind all of our students and parents that the district’s eligibility policy remains in effect. Any student who uses or possesses alcohol or drugs on school grounds will be suspended from all athletic and extracurricular activities for one year.

The above is the statement posted on the Kings Park School District Web site.

Ms. Ottaviano is a senior at Kings Park High School who admitted to bringing alcohol to a school sponsored event. The school district took the position that this was a violation of an agreement that Ms. Ottaviano had signed. The consequences were significant for Ms. Ottaviano who was barred from participating in extra curricular activities throughout the school year. Ms. Ottaviano’s school record was noted with the violation.

See Article below

Update on Friday, January 21, 2011 at 11:35AM by

By Erica Jackson

2009 KP Girls SoccerIt sounds like an episode from Beverly Hills 90210, but it’s not. Kings Park High School senior Nina Ottaviano has filed a civil rights lawsuit against the school district for suspending her from all extracurricular activities after she admitted to providing a bottle of alcohol to a fellow student.

“The bottom line is that we think the punishment is overly harsh,” said Jeffrey Brown attorney for Ottaviano. “She has been suspended from all activities in her senior year. It is a hypocritical policy — other male student athletes, who have come to school drunk, have not received such a penalty.”

Nina Ottaviano - Girls Soccer 2009

Earlier in the school year, Ottaviano,17, gave a friend a hair spray bottle containing alcohol. She says she obtained the rum from another student. Ottaviano’s friend was caught with the bottle on a bus taking students to the Brentwood Country Club for a party. Ottaviano came forward and admitted giving the liquor to the student. She was suspended from activities as was her friend.

The suspension, said Brown is detrimental to Ottaviano’s chances of getting into college. “Her family spent a lot of money for lessons to help her get into a college. Her school athletics should have given her an extra edge.” Prior to her suspension, Ottaviano was involved in soccer, basketball, the honor society and she sat as the editor of the school newspaper. Brown says it is hoped that the lawsuit will prompt the district to allow Ottaviano back into sports and instead give a different punishment. For example, Brown suggested not allowing Ottaviano to go to her prom. “We are hoping to sit down with someone at the school. But so far the school is not willing to budge,” said Brown.

When asked to respond to the situation, Superintendent of Schools Dr. Susan Agruso, said the district has posted a comment on its website. It reads, “We cannot comment on whether or not there is litigation pending or threatened. The district’s Code of Conduct and Eligibility Policy are posted on the district’s website.”

According to the district’s code of conduct, possessing alcohol is a level V infraction, which calls for “up to permanent loss of privileges; a superintendent’s hearing; community service; referral for counseling; removal of student from calendar year from extra curricular, co-curricular and athletic activities; mandating attendance at outside agency such as AA or Alanon; removal from all honor societies; and a police report.”

With the lawsuit all over the news, articles have appeared in Newsday and on CBS news, Brown says Ottaviano is now dealing with bullying in and outside of school. Just this week, Ottaviano received death threats on her Facebook page. A second Facebook page dedicated to Kings Park High School has provided an outlet for Kings Park residents to comment on the issue.

One poster wrote, “Common reality is most kids in all schools go to prom and senior dinners drunk so why would they go hard on a sober girl with just a bottle. Schools are corrupted I guess.” Another wrote, “While, yes, I do agree that there should definitely be consequences, I’m not sure the punishment fits the crime. But what pisses me off even more, is that Kings Park discipline is so inconsistent. Football players have brought alcohol to school sponsored events and weren’t pulled off the team.”