WCTA Complaint With All Exhibits

1
2
3
4
5
6
LAW OFFICES OF MARK R. SMITH, P.C.

Mark R. Smith, Esq.
Nevada Bar No. 11872
8565 S. Eastern Avenue, Suite 150
Las Vegas, Nevada 89123
Telephone: (702) 518-7625
Facsimile: (702) 475-6453
Email: mark@markrsmithlaw.com
10
THOMAS MORE SOCIETY

Jocelyn Floyd, Esq. (Pro Hac Vice Application Pending)
Illinois Bar No.: 6303312
19 S. LaSalle St., Ste. 603
Chicago, IL 60603
Direct: (312) 782-1680
Fax: (312) 782-1887
Email: jfloyd@thomasmoresociety.org
11
Attorneys for Plaintiff
7
8
9
12
UNITED STATES DISTRICT COURT
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DISTRICT OF NEVADA
**************************
ANGELIQUE CLARK, by and through
) Case No.
her parents and next friends Claire
)
Trebaol-Clark and Michael Clark,
)
) COMPLAINT FOR:
Plaintiff,
) 1) Violation of 20 U.S.C. 4071 et seq.
)
(Equal Access Act);
vs.
)
) 2) Violation of First Amendment of the
CLARK COUNTY SCHOOL DISTRCT;
United States Constitution and 42
)
WEST CAREER AND TECHNICAL
U.S.C. 1983
)
ACADEMY; PAT SKORKOWSKY,
) 3) Injunctive Relief under 28 U.S.C.
individually and in his official capacity as
1343;
)
Superintendent of Clark County School
) 4) Declaratory Relief under 28 U.S.C.
District; AMY DOCKTER-ROZAR,
2201-02;
)
individually and in her official capacity as
) 5) Damages under 28 U.S.C. 1343; and
Principal of West Career & Technical
) 6) Costs and Attorneys Fees under 42
Academy; and ALLEN YEE, individually
U.S.C 1988(b).
)
and in his official capacity as Assistant
)
Principal of West Career and Technical
)
Academy,
)
)
Defendants.
)
_____________________________________
///
Page 1 of 13
COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY

JUDGMENT, AND NOMINAL DAMAGES
2
3
Plaintiff Angelique Clark, by and through her parents and next friends, Claire Trebaol-
Clark and Michael Clark, and by her undersigned counsel, hereby complains of the defendants,
Clark County School District; Pat Skorkowsky, Superintendent; West Career and Technical
Academy; Amy Dockter-Rozar, Principal; and Allen Yee, Assistant Principal, hereinafter referred
to as Defendants, as follows:
INTRODUCTION
1.
Plaintiff Angelique Clark is a student at West Career & Technical Academy
10
(WCTA), a public school, who wishes to exercise her free speech rights, protected by federal
11
and state law, to create a pro-life club in order to educate her fellow students on the issue of
12
abortion and to offer hope and resources to help in the cases of crisis pregnancies. However, she
13
was denied the right to start a pro-life club at her school, simply by virtue of the content of the
14
clubs expression.
15
2.
The actions of Defendants Clark County School District (CCSD), WCTA, and
16
their agents in denying Plaintiffs application to form a student-initiated, student-led pro-life club
17
at WCTA is content-based discrimination that violates the federal Equal Access Act, 20 U.S.C.
18
4071 et seq. (EAA), and the First Amendment to the United States Constitution. Plaintiff
19
seeks appropriate declaratory and injunctive relief as well as nominal damages.
20
JURISDICTION AND VENUE

3.
21
22
This action raises federal questions under the First Amendment of the United
States Constitution and 42 U.S.C. 1983.
23
4.
This action raises federal questions under the Equal Access Act (20 U.S.C.
24
4071, et seq.).
25
5.
26
1331 and 1343.
27
///
28
///
This Court has original jurisdiction over federal claims pursuant to 28 U.S.C.
Page 2 of 13
6.
This Court has authority to grant the requested injunctive relief under 28 U.S.C.
1343; the requested declaratory relief under 28 U.S.C. 2201-02; the requested damages under
28 U.S.C. 1343; and costs and attorneys fees under 42 U.S.C 1988(b).
7.
Venue is proper in this District pursuant to 28 U.S.C. 1391(b). A substantial part
of the actions or omissions giving rise to this case occurred within the District and, upon
information and belief, at least one Defendant resides in the District.
PARTIES
8.
8
9
10
Plaintiff, Angelique Clark, is a citizen and resident of Las Vegas, Clark County,
Nevada. She is a student at WCTA and president of the proposed student group WCTA Pro-Life
Club.
9.
11
Defendant Clark County School District is a school district, organized and existing
12
under the Constitution and Laws of the State of Nevada, for public elementary and secondary
13
school purposes. CCSD administers over 300 schools in Clark County, Nevada.
10.
14
Defendant Pat Skorkowsky, a resident of Clark County, Nevada, is the
15
Superintendent of Clark County School District and is sued both individually and in his official
16
capacity.
11.
17
18
Las Vegas, Nevada. WCTA is a public school administered by CCSD.

12.
19
20
13.
Defendant Allen Yee, a resident of Clark County, Nevada, is the Assistant
Principal of WCTA, and is sued both individually and in his official capacity.
FACTUAL ALLEGATIONS
23
14.
24
25
Defendant Amy Dockter-Rozar, a resident of Clark County, Nevada, is the
Principal of WCTA, and is sued both individually and in her official capacity.
21
22
Defendant West Career and Technical Academy is a magnet high school located in
Plaintiff Angelique Clark (Angelique) was, at the time of the events detailed
herein, a sophomore enrolled and attending WCTA, Las Vegas, Clark County, Nevada.
15.
26
27
///
28
///
Angelique will be a junior at WCTA for the 2015-2016 school year.
Page 3 of 13
16.
In November 2014, Angelique requested an application to start a club from the
schools Activities Office. The application form she was given was titled Application for Club
Charter. Exh. 1, WCTA Pro-Life Club Application.

17.
4
5
She was later told by Assistant Principal Mr. Yee, in May 2015, that it was the
only club application form WCTA had.

The completed application indicated, All students of WCTA are welcome to
18.
join. See Exh. 1.
19.
On December 17, 2014, Angelique submitted the completed application to the
Activities Office. See Exh. 1.

20.
10
The application included the required signature of a faculty advisor, Ms. Sandy
11
Roden, a constitution, and a list of 25 interested studentsmore than double the required
12
minimum of 10 interested students. See Exh. 1.

21.
13
14
On February 9, 2015, Angelique asked the clubs faculty advisor about the status
of her application and was informed that Mr. Yee had said the club was a no go.
15
22.
Angelique received no written official denial of her application.
16
23.
On February 18, 2015, after doing independent research pertaining to those aspects
17
of the law which apply to students rights in forming clubs on public high school campuses,
18
Angelique sent a letter summarizing her finding to Mr. Yee and the Principal of WCTA, Ms.
19
Dockter-Rozar. Exh. 2, E-mail from Angelique Clark to Amy Dockter-Rozar (Feb. 18, 2015).
24.
20
She also explained, I am not asking the administration to agree with me on the
21
topic of abortion. I am not asking anyone to do that. I am asking you to give the students of
22
West Career and Technical Academy their right to the opportunity to learn and discuss such a
23
defining topic, such as abortion, on our society as Americans. Id.

25.
24
25
On February 26, 2015, Angelique, her advisor, and Mr. Yee had a meeting to
discuss her application.

26.
26
27
unacceptable.
28
///
In that meeting, Mr. Yee listed various reasons why her proposed club was
Page 4 of 13
27.
The reasons given by Mr. Yee included:
a. the name was not inclusive enough it would make people on
campus with the opposite view feel left out and look bad for the
school in the media;

b. regardless of the name, simply having a club that picks a side on the
topic of abortion was not inclusive enough;
c. permitting a pro-life club would cause negative media coverage of
the school for supporting the pro-life movement;
d. there are far more qualified people who know more about
abortion than a sophomore in high school;
10
11
e. the topic of abortion is controversial; and
12
f. public schools are different when it comes to First Amendment

rights.
13
14
15
16
17
18
28.
At the end of the meeting, Mr. Yee informed Angelique that he was not even the
person to decide on club applications.

29.
Mr. Yee informed Angelique that student council teacher Ms. Rivera Negron was
the one with authority make the decision on her club application.
30.
On March 12, 2015, Angelique sent an email to Ms. Rivera Negron to request
19
further information on the application and decision making process.
20
Angelique Clark to Yamilza Rivera Negron (Mar. 12, 2015, Mar. 22, 2015).
Exh. 3, Emails from
21
31.
She sent a follow up on March 22, 2015. See Exh. 3.
22
32.
She received no response to either email.
23
33.
Having received no further answers or communication from the administration at
24
WCTA, Angelique attempted to schedule another meeting with Mr. Yee at the end of March.
25
Exh. 4, Email chain from Angelique Clark to Allen Yee (beginning Mar. 22, 2015).
26
27
28
34.
Eighteen days later, on April 9, Mr. Yee offered a time to meet after school on
April 16. See Exh. 4.

35.
Angelique re-arranged her schedule to be able to attend. See Exh. 4.

Page 5 of 13
36.
1
2
that he would re-schedule it. Mr. Yee subsequently failed to re-schedule the meeting.
37.
3
4
An hour before the scheduled meeting, Mr. Yee canceled the meeting but stated
Angelique retained legal counsel, Thomas More Society (TMS), to assist her in
resolving issues relating to her application.

38.
When no meeting was scheduled, Angelique offered Mr. Yee an Opinion Letter
prepared by her counsel. Exh. 5, TMS Opinion Letter to Students for Life of America (Jan. 30,
2015).
39.
8
9
10
She was later told that the Opinion Letter was sent to the CCSD Communications
Office and Legal Department, for review by the Superintendent. Exh. 6, Email from Allen Yee to
Angelique Clark (May 4, 2015).
40.
11
Accordingly, upon information and belief, Superintendent Mr. Skorkowsky was
12
aware of the situation and took no action to contradict the decisions of Mr. Yee or Ms. Dockter-
13
Rozar.
41.
14
Ms. Dockter-Rozar, as Principal of WCTA and Mr. Yees supervisor, was aware
15
of Mr. Yees actions and took no other action to contradict his reasoning or decision. See Exhs.
16
2, 4, 6.
17
42.
According to CCSD District Regulation 5132, [e]ach school will give recognition
18
to clubs, organizations, or activities in two categories: officially chartered and sponsored by the
19
school and officially sanctioned but not sponsored by the school (hereinafter Chartered and
20
Sanctioned, respectively). Exh. 7, CCSD Reg. 5132, Clubs and Organizations, available at
21
http://ccsd.net/district/policies-regulations/pdf/5132_R.pdf.
22
23
24
43.
Those groups which qualify as Chartered are limited to those having a direct
association with stated State, District and/or school goals and objectives. Id. at I.A.
44.
Those groups which qualify as Sanctioned are those having wide community
25
approval but no direct association with school activities. Id. at II.A. Boy Scouts, Girl Scouts,
26
Junior Achievement, and Key Club are listed as examples of Sanctioned groups. Id.
27
28
45.
Regulation 5132 states that [i]n the event of any conflict between the provisions
of this regulation and Regulation 5231.4, Regulation 5132.4 will control. Id. at IV.
Page 6 of 13
46.
CCSD District Regulation 5132.4 states that secondary school students . . . have
equal access to conduct meetings on the same basis as other noncurriculum related student
groups.
available at http://ccsd.net/district/policies-regulations/pdf/5132.4_R.pdf.
47.
Exh. 8, CCSD Reg. 5132.4, Voluntary Student-Initiated Equal Access Meetings,
Regulation 5132.4 states that the meetings of such students will not be
discriminated against on the basis of religious, political, philosophical or other speech content.
All clubs will have equal opportunities as provided by law. Id.

48.
8
9
by the school, the district, or their agents or employees. Id. at I.

49.
10
11
It further states that meetings conducted under equal access . . . are not sponsored
WCTA currently has, among others, an Anime Club, a Key Club, a Gay/Straight
Alliance, and a Bible Club.

50.
12
On May 21, 2015, Angeliques Counsel sent Defendants a Demand Letter
13
outlining the law and asking them to approve her club, which asked for a response by June 1,
14
2015.
51.
15
16
To this date, none of the Defendants have offered any response to the Demand
Letter.
17
18
ALLEGATIONS OF LAW
52.
All of the acts herein alleged of the Defendants, their officers, agents, servants,
19
employees, or persons acting at their behest or direction, were done and are continuing to be done
20
under the color of state law, including the statutes, regulations, customs, policies, and usages of
21
the State of Nevada.
22
53.
By enacting and enforcing policies that withhold from Plaintiff the status and
23
benefits of a recognized student organization, Defendants have engaged in discrimination against
24
Plaintiff based on the content and viewpoint of her speech and sent a message of exclusion and
25
disfavor of Plaintiff and her message, resulting in a chilling impact on Plaintiffs efforts at
26
recruitment, association, and dissemination of her message.
27
28
54.
Unless and until enforcement of the Defendants policies are enjoined, Plaintiff
and similarly situated student clubs will suffer and continue to suffer irreparable harm to their
Page 7 of 13
federal constitutional rights to free association, freedom of speech, and equal access to the limited
open forum of secondary school clubs.
3
4
5
6
7
CLAIMS FOR RELIEF

COUNT I:
Defendants Actions Violated Plaintiffs Rights Under the Equal Access Act
55.
The allegations contained in paragraphs 1-54 are re-alleged and incorporated
herein by reference.
56.
The EAA prohibits those public secondary schools which receive federal funds
and offer a limited open forum from denying any student equal access to that forum on the
basis of the content of that students speech. 20 U.S.C. 4071(a).
10
57.
The EAA further states that [a] public secondary school has a limited open forum
11
whenever such school grants an offering to or opportunity for one or more noncurriculum related
12
student groups to meet on school premises during noninstructional time. 20 U.S.C. 4071(b).
13
14
15
58.
Defendants consist of a public secondary school and its administrative officials,
and the school receives federal funds and offers a limited open forum.
59.
Defendants denial of Plaintiffs equal access to form and operate a pro-life group
16
on equal footing with the other noncurriculum related clubs already in existence in the school,
17
based on the content of the pro-life message of the club, violates Plaintiffs rights under the EAA.
18
19
60.
forth hereinafter in the prayer for relief.

COUNT II:
Defendants Policies Violate the Equal Access Act as Applied
20
21
22
23
WHEREFORE, Plaintiff respectfully requests that the Court grant the relief set
61.
62.
24
25
26
63.
The EAA further states that [a] public secondary school has a limited open forum
27
whenever such school grants an offering to or opportunity for one or more noncurriculum related
28
student groups to meet on school premises during noninstructional time. 20 U.S.C. 4071(b).
Page 8 of 13
64.
Defendants include a public secondary school, which receives federal funds, and
both the District regulations governing clubs and the clubs already in existence at WCTA offer a
limited open forum.

65.
Defendants District policies, CCSD Reg.5132 I-II, placing content-based
restrictions on clubs, requiring at the minimum a topic with wide community approval caused
Plaintiffs club to be denied.

66.
The denial of Plaintiffs equal access to form and operate a pro-life group on equal
footing with the other noncurriculum related clubs already in existence at WTCA, based on the
content of the pro-life message of the club, violates the EAA as applied.
67.
10
11

COUNT III:
Defendants Policies Also Violate the Equal Access Act on Their Face
12
13
14
68.
15
69.
16
17
18
70.
The EAA permits disparate treatment as between curriculum related clubs and
19
noncurriculum related clubs, but not different treatment between any two noncurriculum related
20
clubs.
21
71.
Defendants include a public secondary school, which receives federal funds, and
22
both the District regulations governing clubs and the clubs already in existence at WCTA offer a
23
limited open forum.
24
72.
Defendants District policy, CCSD Reg. 5132 II.A, requiring that Sanctioned
25
clubs have wide community approval serves as a content-based, discriminatory requirement
26
and consequently violates the EAA on its face.
27
28
73.
Defendants policy of Chartered and Sanctioned clubs, creating a two-tier system
of clubs irrespective of curriculum related or noncurriculum related status, gives disparate

Page 9 of 13
treatment to different levels of noncurriculum related clubs based on CCSDs preference for the
content of a given clubs speech and violates the EAA on its face.
74.
3
4
The District appears to attempt to bring Regulation 5132 into compliance with the
EAA by stating that Regulation 5132.4 controls in the event of a conflict between the two.
75.
However, Regulation 5132.4 states both that equal access meetings will not be
discriminated against on the basis of content and that equal access meetings are not sponsored by
the school. Removing the content-discrimination requirements in Regulation 5132 would render
all clubs part of the Officially Chartered and Sponsored category, which then would result in a
separate violation of the EAA by having the school officially sponsor noncurriculum related
10
student-initiated clubs, as well as a potential Establishment Clause violation by having an
11
officially school-sponsored Bible Club.

76.
12
13
rendering the policy as a whole nonsensical, arbitrary, and capricious.

77.
14
15

COUNT IV:
Defendants Actions Violate Plaintiffs Rights of Freedom of Speech and of Association
Guaranteed Under the First Amendment of the United States Constitution
16
17
78.
18
19
Regulation 5231.4 therefore cannot be reconciled with the text of Regulation 5132,
79.
20
Regardless of the constitutionality of the Defendants policies, the Defendants
21
actual denial of Plaintiffs request to form and operate a pro-life group on equal footing with the
22
other noncurriculum related clubs already in existence in the school violated Plaintiffs rights of
23
freedom of speech and of association under the First Amendment.

80.
24
25
Defendants have no compelling reason that would justify the burden imposed upon
Plaintiffs right to freedom of speech and of association.

81.
26
27
28
///
Page 10 of 13
COUNT V:
Defendants Policies, on Their Face, Violate the Rights of Freedom of Speech and of
Association Guaranteed Under the First Amendment of the United States Constitution
2
3
4
82.
83.
The First Amendment of the United States Constitution, incorporated and made
applicable to the states by the Fourteenth Amendment to the United States Constitution,
recognizes and protects the right of freedom of speech and of association.
8
9
84.
This includes the rights of students to express their opinions, even religious and
political opinions, at school. Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503 (1969).
10
85.
Defendants District policy, CCSD Reg. 5132 II.A, requiring that Sanctioned
11
clubs have wide community approval serves as a content-based, discriminatory requirement
12
and consequently violates Plaintiffs First Amendment rights of freedom of speech and to
13
association on its face.
14
86.
The District appears to attempt to bring Regulation 5132 into compliance with the
15
First Amendment by stating that Regulation 5132.4 controls in the event of a conflict between the
16
two.
17
87.
However, Regulation 5132.4 states both that equal access meetings will not be
18
discriminated against on the basis of content and that equal access meetings are not sponsored by
19
the school. Removing the content-discrimination requirements in Regulation 5132 would render
20
all clubs part of the Officially Chartered and Sponsored category, which then would result in a
21
separate violation of the First Amendment by having the school officially sponsor noncurriculum
22
related student-initiated clubs, as well as a potential Establishment Clause violation by having an
23
officially school-sponsored Bible Club.
24
25
88.
Regulation 5231.4 therefore cannot be reconciled with the text of Regulation 5132,
rendering the policy as a whole nonsensical, arbitrary, and capricious.
26
89.
Defendants have no compelling reason that would justify the burden imposed upon
27
the rights of freedom of speech and of association.
28
///
Page 11 of 13
90.
1
2

PRAYER FOR RELIEF
3
4
5
WHEREFORE, Plaintiff respectfully prays that judgment be entered in her favor and that
relief be granted against Defendants as follows:
91.
That this Court assume jurisdiction over this action and set it for hearing;
92.
That this Court declare the Defendants actions against Plaintiff in denying her
pro-life club violate the federal Equal Access Act because they violate her right to the freedom of
equal access to the limited open forum of secondary school clubs on the basis of the content and
10
viewpoint of her speech which is guaranteed to Plaintiff under the Equal Access Act.
93.
11
That this Court declare the Defendants policies concerning clubs violate the
12
federal Equal Access Act both on as applied and on their face because they violate the rights of
13
Plaintiff and others not before the court to the freedoms of equal access to the limited open forum
14
of secondary school clubs on the basis of the content and viewpoint of their speech, which are
15
guaranteed to Plaintiff and others under the Equal Access Act;
16
94.
That this Court declare the Defendants actions against Plaintiff in denying her
17
pro-life club violate the rights of Plaintiff to freedom of speech and association, which are
18
guaranteed to Plaintiff under the First Amendment of the United States Constitution.
95.
19
That this Court declare the Defendants policies concerning clubs unconstitutional
20
on their face because they violate the rights of Plaintiff and others not before the court the rights
21
to freedom of speech and association, which are guaranteed to Plaintiff and others under the First
22
Amendment of the United States Constitution;

96.
23
24
requiring Defendants to approve Plaintiffs proposed WCTA Pro-Life Club.

97.
25
26
That this Court enter a preliminary injunction, later to be made permanent,
enjoining Defendants from enforcing Defendants policies concerning clubs;

98.
27
28
That this Court enter a preliminary injunction, later to be made permanent,
That this Court award Plaintiff nominal damages;
///
Page 12 of 13
1
2
3
4
5
99.
That this Court award Plaintiff her costs of litigation, including reasonable
attorneys fees and costs; and

100.
That this Court grant such other and further relief as it deems just and proper.
Plaintiff demands a jury for all issues so triable.

DATED this 13th day of August, 2015.
LAW OFFICES OF MARK R. SMITH, P.C.
By: /s/ Mark R. Smith_____________________

Mark R. Smith, Esq.
Nevada Bar No. 11872
8565 S. Eastern Avenue, Suite 150
Las Vegas, Nevada 89123
Telephone: (702) 518-7625
Facsimile: (702) 475-6453
Email: mark@markrsmithlaw.com
8
9
10
11
12
13
14
15
16
17
THOMAS MORE SOCIETY

By: /s/ Jocelyn Floyd______________________
Jocelyn Floyd, Esq.
(Pro Hac Vice Application Pending)
Illinois Bar No.: 6303312
19 S. LaSalle St., Ste. 603
Chicago, IL 60603
Direct: (312) 782-1680
Fax: (312) 782-1887
Email: floyd@thomasmoresociety.org
18
19
20
21
22
23
24
25
26
27
28
Page 13 of 13
EXHIBIT 1
EXHIBIT 2
7/20/2015
ClarkCountySchoolDistrictMailProLifeClubDenial
AngeliqueClark<angeliquec684@westcta.ccsd.net>
ProLifeClubDenial
1message
To:AmyDockterRozar<ADR565@westcta.ccsd.net>
Wed,Feb18,2015at4:33PM
February18,2015
DearMs.DockterRozar,
IamwritingtoyoutodayonbehalfofmyselfandtheProLifeclubIamcreatingontheWestTech
campus.Isentinmyclubproposalformsafewmonthsago,andneverheardanydirectresponseback
fromtheadministrationormyadvisor.Iheardaboutthestatusofmyclubapprovalfromafellow
classmate,whichledmetoaskMs.Roden(myadvisor)aboutit,andshetheninformedmethatshewas
toldbytheadministrationthatmyclubwasanogo.WhenIaskedthereasoningbehindthisdecision,
Iwastoldthatmyclubstopicwastoocontroversial.
Bydenyingtheestablishmentofaspecificclubintoapublicschool,basedonpersonalbeliefor
judgment,isinfringingonmyfirstamendmentrightoffreedomofspeech.Iattemptedtounderstand
howhavingaclubaboutabortionawarenesswasmorecontroversialthanaclubaboutthealliancesof
homosexuals,butreturnedwithnoanswer.Wehavetwoclubsoncampusthatfeatureasupportofthe
LGBTcommunity,andmanyclubsthatpromotespecificreligionswhichIhaveabsolutelynoproblem
withinfact,Ithinkitsgreat.Thosekindofclubs,comparedtochessoranime,areactuallydrawing
awarenesstoimportantissues,beliefs,andideas.Arentthosethekindofgroupsthatweneedmoreof
inthisworld?Theonesthatmakeadifference?
Iamnotaskingtheadministrationtoagreewithmeonthetopicofabortion.Iamnotaskinganyoneto
dothat.IamaskingyoutogivethestudentsofWestCareerandTechnicalAcademytheirrighttothe
opportunitytolearnanddiscusssuchadefiningtopic,suchasabortion,inoursocietyasAmericans.
Thismaybesomethingthatappearstoocontroversialforsome,buttomany,itisthechanceofa
lifetime.Maybeeventheirfirstchance.
Iunderstandhowbusytheadministrationis,andIdontwanttocreateahugeproblemwiththis
situation.However,thatdoesntmakeitanylessimportanttome,asIhavebeenwaitingmonthsforany
formofresponse.ConsideringIwasnotgivenanynoticetothedenialofmyclubbyadministration,I
wouldliketokindlyaskifImayreceiveareply,inthenearestfuture,tothisletterconcerningmyclub.
Thankyouforyourtime.IappreciateyoureffortsforthesuccessofthisschoolandIhopeyouwill
understandthatthatismyultimategoalaswell.
Sincerely,
AngeliqueClark
angeliquec684@westcta.ccsd.net
10thGradeID:528684
https://mail.google.com/mail/u/0/?ui=2&ik=6b02a0383e&view=pt&q=amy&qs=true&search=query&th=14b9f410adcf3b63&siml=14b9f410adcf3b63
1/2
7/20/2015
ClarkCountySchoolDistrictMailProLifeClubDenial
Cc:Mr.Yee
https://mail.google.com/mail/u/0/?ui=2&ik=6b02a0383e&view=pt&q=amy&qs=true&search=query&th=14b9f410adcf3b63&siml=14b9f410adcf3b63
2/2
EXHIBIT 3
7/20/2015
ClarkCountySchoolDistrictMailClubApprovals
ClubApprovals
2messages
To:YamilzaRiveraNegron<ycriveranegron@westcta.ccsd.net>
Thu,Mar12,2015at6:59PM
HelloMs.RiveraNegron,
Iwasinformedvaguelythroughanotheradministratorthatagroupofstudentcouncilmemberswerethe
decisionmakersforclubapproval.Ijusthadsomequestionsregardingtheprocessofapprovingclubswho
exactlymakesthefinalvote?Whataretheguidelines/rubricforclubacceptance?Arethereanyspecifictypes
ofclubsthatarenotapproved?Canaclubbedeniedunderthereasonsof"toocontroversial",or"tooexclusive
name"?
Ireallyappreciateyourtimeandconsiderationofthisemail.
Thankyouverymuch!
Sincerely,
AngeliqueClark
To:YamilzaRiveraNegron<ycriveranegron@westcta.ccsd.net>
Fri,Mar20,2015at9:14AM
ofclubsthatarenotapproved?Canaclubbedeniedunderthereasonsof"toocontroversial",or"tooexclusive
name"?
Thankyouverymuch!
Sincerely,
AngeliqueClark
OnThu,Mar12,2015at6:59PM,AngeliqueClark<angeliquec684@westcta.ccsd.net>wrote:
ofclubsthatarenotapproved?Canaclubbedeniedunderthereasonsof"toocontroversial",or"too
exclusivename"?
Thankyouverymuch!
Sincerely,
AngeliqueClark
https://mail.google.com/mail/u/0/?ui=2&ik=6b02a0383e&view=pt&q=negron&qs=true&search=query&th=14c10db943a3ac57&dsqt=1&siml=14c10db943a3ac57
1/2
7/20/2015
ClarkCountySchoolDistrictMailClubApprovals
https://mail.google.com/mail/u/0/?ui=2&ik=6b02a0383e&view=pt&q=negron&qs=true&search=query&th=14c10db943a3ac57&dsqt=1&siml=14c10db943a3ac57
2/2
EXHIBIT 4
7/20/2015
ClarkCountySchoolDistrictMailAFollowUpMeetingontheWCTAProLifeClub
AFollowUpMeetingontheWCTAProLifeClub
7messages
To:AllenYee<ayee@westcta.ccsd.net>
Sun,Mar22,2015at12:36PM
DearMr.Yee,
Iwouldliketohaveanothermeetingwithyou,atyourearliestconvenience,onbehalfofthefutureWCTAPro
LifeClub.Ipromisetokeepthisoneasbriefaspossible.
Thankyou!
Sincerely,
AngeliqueClark
AllenG.Yee<ayee@interact.ccsd.net>
To:angeliquec684@westcta.ccsd.net
Cc:"AmyC.DockterRozar"<ADR565@interact.ccsd.net>
Thu,Apr9,2015at12:33PM
[Quotedtexthidden]
Angelique,
We'dbehappytomeetwithyouregardingtheproposedProLifeClub.Are
youabletomeetonApril16that1:30pmwithMs.Rozarandmyself?Thanks
andpleaseletmeknowifyouneedanything.
AllenYee
AssistantPrincipal
WestCareerandTechnicalAcademy
7027994340ext.4203
WAN:04474203
To:"AllenG.Yee"<ayee@interact.ccsd.net>
Thu,Apr9,2015at7:54PM
Mr.Yee,
IaminTheatreTechfortheUrinetownMusicalafterschoolat1:45,butIthinkIcanarrangetobeexcusedfrom
thebeginning.Thankyouforschedulingthiswithme.
Angelique
[Quotedtexthidden]
Fri,Apr10,2015at12:07PM
AngeliqueClark<angeliquec684@westcta.ccsd.net>writes:
https://mail.google.com/mail/u/0/?ui=2&ik=6b02a0383e&view=pt&q=yee&qs=true&search=query&th=14c42fc48d6fb3fe&siml=14c42fc48d6fb3fe&siml=14c9fac
1/3
7/20/2015
Mr.Yee,
IaminTheatreTechfortheUrinetownMusicalafterschoolat1:45,butIthinkIcanarrangetobe
excusedfromthebeginning.Thankyouforschedulingthiswithme.
Angelique
Great,thanksformovingsomethingsaround.Seeyouthen.
AllenYee
AssistantPrincipal
7027994340ext.4203
WAN:04474203
Fri,Apr10,2015at3:32PM
Mr.Yee,
IwaswonderingifIcouldgetacopyofmyoriginalclubapplicationformonMonday?
Thanks,
Angelique
[Quotedtexthidden]
Sat,Apr11,2015at12:45PM
AngeliqueClark<angeliquec684@westcta.ccsd.net>writes:
IwaswonderingifIcouldgetacopyofmyoriginalclubapplicationformonMonday?
Angelique,
IthinkMrs.RozarwasthelastpersontohavetheformandIthinkshemay
havesentittothedistrict.Itmaybelostintheshuffle,butifnotIwillmake
sureyougetthecopy.Thanks.
AllenYee
AssistantPrincipal
7027994340ext.4203
WAN:04474203
Sat,Apr11,2015at1:37PM
2/3
7/20/2015
Thankyou.
Angelique
[Quotedtexthidden]
3/3
EXHIBIT 5
EXHIBIT 6
7/20/2015
ClarkCountySchoolDistrictMailLetterVerification
LetterVerification
3messages
Fri,May1,2015at6:07PM
HelloMr.Yee,
IjustwantedtoverifythattheletterfromThomasMoreSocietywassenttotheClarkCountySuperintendent.If
not,I'dliketoknowexactlywhotheletterwassentto.
Thankyouandhaveagoodweekend!
Angelique
Cc:"AmyC.DockterRozar"<ADR565@interact.ccsd.net>
Mon,May4,2015at11:57AM
[Quotedtexthidden]
Angelique,
TheletteryouprovidedmewassenttotheCCSDCommunicationsOfficeand
LegalDepartmentbyMrs.Rozar.Bothofthesedepartmentsdirectly
communicatewiththesuperintendent'soffice.Ifyouhaveanyadditional
questions,pleaseletmeknow.
AllenYee
AssistantPrincipal
7027994340ext.4203
WAN:04474203
Mon,May4,2015at7:32PM
Thankyou.
[Quotedtexthidden]
https://mail.google.com/mail/u/0/?ui=2&ik=6b02a0383e&view=pt&q=yee&qs=true&search=query&th=14d1229aa0dcb400&siml=14d1229aa0dcb400&siml=14d
1/1
EXHIBIT 7
CLARK COUNTY SCHOOL DISTRICT REGULATION

5132
CLUBS AND ORGANIZATIONS
The Clark County School District recognizes that full use and advantage of all resources
cannot occur within the hours school is normally in session. Extended opportunities fro
their use will be provided through clubs, organizations, and activities officially
recognized in each of the schools of the District.
Each school will give recognition to clubs, organizations, or activities in two categories:
officially chartered and sponsored by the school and officially sanctioned but not
sponsored by the school.
I.
II.
Officially Chartered and Sponsored

A.
Officially chartered and sponsored clubs, organizations, or activities are

limited to those having a direct association with achieving stated State,
District and/or school goals and objectives.
B.
Charters for school clubs, organizations, or activities shall be issued

through the school principal. Applications for charter shall include name,
type of club, organization or activity, purpose, aims, activities, and
finances.
C.
Each chartered organization shall have a sponsor from the faculty

appointed by the principal.
D.
Failure to function within the limits of the charter will be cause for the
revocation of the charter and disbandment of the club, organization, or
activity.
Officially Sanctioned But Not Sponsored

A.
Officially sanctioned but not sponsored clubs, organizations, or activities

are those having wide community approval but no direct association with
school activities. Examples of such clubs, organizations, or activities are
Boy Scouts, Girl Scouts, Junior Achievement, and Key Club.
B.
Sanction for clubs, organizations, or activities shall come from the

principal.
C.
Each sanctioned club, organization, or activity shall have a sponsor

deemed responsible by the principal.
5132 (Page 2)
D.
III.
IV.
Failure to function within the limits of the sanction will be cause for
revocation of sanction and result in loss of recognition and use of school
resources.
Club, Organization, or Activity Insignia

A.
Students will be permitted to display on wearing apparel, personal

property, or private cars only insignia of officially school-chartered or
officially school-sanctioned clubs, organizations, or activities.
B.
Unauthorized insignia on school property or at school sponsored activities

will be confiscated after reasonable efforts have been employed to obtain
voluntary removal.
In the event of any conflict between the provisions of this regulation and
Regulation 5132.4, Regulation 5132.4 will control.
Review Responsibility:
Adopted:
Revised:
Pol Gov Rev:
Instructional Division
[5131.1:7/12/63]
(8/13/81; 9/13/94)
6/28/01
EXHIBIT 8
CLARK COUNTY SCHOOL DISTRICT REGULATION

5132.4
VOLUNTARY STUDENT-INITIATED EQUAL ACCESS MEETINGS
The Clark County School District recognizes that secondary school students, grades 612, have equal access to conduct meetings on the same basis as other noncurriculum
related student groups, during noninstructional time within a limited open forum and will
not be discriminated against on the basis of religious, political, philosophical or other
speech content. All clubs will have equal opportunities as provided by law.
I.
II.
III.
Meetings conducted under equal access:
must be voluntary and student initiated;
are not sponsored by the school, the district, or their agents or employees;
may not materially and substantially interfere with the orderly conduct of
educational activities within the school;
must not be directed, conducted, controlled, or regularly attended by

nonschool persons; and
may have employees of the school or district present at religious meetings

only in a nonparticpating capacity.
This regulation does not authorize any district school, its agents or employees to:
A.
Influence the form or content of any prayer or other religious activity;
B.
Require students or district employees to participate in prayer or other

religious activity or to attend a student-initiated meeting if the content of
the meeting is contrary to their beliefs;
C.
Use public funds beyond the incidental cost of providing space for the
student-initiated meetings; or
D.
Sanction meetings that are otherwise unlawful.
Student organizations and individual members of student organizations may

distribute materials in conformance with district Regulation 1110.
5132.4 (Page 2)
This regulation does not alter the authority of the school, its administration and
staff, to maintain order and discipline on school premises, to protect the wellbeing of students and staff, and to assure that the attendance of students at any
meetings held under this regulation is voluntary.
Legal Reference:
Review Responsibility:
Adopted:
Revised:
Pol Gov Rev:
Equal Access Act, 20 USC ss4071-4074

Instructional Division
[5132.4:5/14/91]
(5/11/93; 7/12/94)
6/28/01

WCTA Complaint With All Exhibits

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

WCTA Complaint With All Exhibits

Uploaded by

Copyright:

Available Formats

1

LAW OFFICES OF MARK R. SMITH, P.C.

THOMAS MORE SOCIETY

Attorneys for Plaintiff

COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY

Plaintiff Angelique Clark is a student at West Career & Technical Academy

seeks appropriate declaratory and injunctive relief as well as nominal damages.

JURISDICTION AND VENUE

States Constitution and 42 U.S.C. 1983.

1331 and 1343.

Venue is proper in this District pursuant to 28 U.S.C. 1391(b). A substantial part

information and belief, at least one Defendant resides in the District.

Defendant Pat Skorkowsky, a resident of Clark County, Nevada, is the

Las Vegas, Nevada. WCTA is a public school administered by CCSD.

Defendant Allen Yee, a resident of Clark County, Nevada, is the Assistant

Defendant Amy Dockter-Rozar, a resident of Clark County, Nevada, is the

Angelique will be a junior at WCTA for the 2015-2016 school year.

In November 2014, Angelique requested an application to start a club from the

Charter. Exh. 1, WCTA Pro-Life Club Application.

only club application form WCTA had.

join. See Exh. 1.

On December 17, 2014, Angelique submitted the completed application to the

Activities Office. See Exh. 1.

minimum of 10 interested students. See Exh. 1.

Angelique received no written official denial of her application.

defining topic, such as abortion, on our society as Americans. Id.

discuss her application.

The reasons given by Mr. Yee included:

a. the name was not inclusive enough it would make people on

school in the media;

topic of abortion was not inclusive enough;

c. permitting a pro-life club would cause negative media coverage of

the school for supporting the pro-life movement;

abortion than a sophomore in high school;

e. the topic of abortion is controversial; and

f. public schools are different when it comes to First Amendment

person to decide on club applications.

further information on the application and decision making process.

Exh. 3, Emails from

She sent a follow up on March 22, 2015. See Exh. 3.

She received no response to either email.

Having received no further answers or communication from the administration at

April 16. See Exh. 4.

Angelique re-arranged her schedule to be able to attend. See Exh. 4.

resolving issues relating to her application.

Accordingly, upon information and belief, Superintendent Mr. Skorkowsky was

Exh. 8, CCSD Reg. 5132.4, Voluntary Student-Initiated Equal Access Meetings,

All clubs will have equal opportunities as provided by law. Id.

by the school, the district, or their agents or employees. Id. at I.

Alliance, and a Bible Club.

On May 21, 2015, Angeliques Counsel sent Defendants a Demand Letter

the State of Nevada.

benefits of a recognized student organization, Defendants have engaged in discrimination against

recruitment, association, and dissemination of her message.

open forum of secondary school clubs.

CLAIMS FOR RELIEF

The allegations contained in paragraphs 1-54 are re-alleged and incorporated

basis of the content of that students speech. 20 U.S.C. 4071(a).

Defendants consist of a public secondary school and its administrative officials,

forth hereinafter in the prayer for relief.

The allegations contained in paragraphs 1-60 are re-alleged and incorporated

basis of the content of that students speech. 20 U.S.C. 4071(a).

limited open forum.

Defendants District policies, CCSD Reg.5132 I-II, placing content-based