INVESTIGAION PLAN

I. Key Facts

Who: Alex Billings/C.J. Pearson/KHS/Metro City School District What: Alex Billings was allegedly bullied by C.J. Pearson through text messages

and MyFace posts on and off school grounds. When: The bullying took place between August 27, 2010 and December 1, 2010. Where: The incident occurred both on and off school grounds of King High

School. KHS is located within the Metro City School District (MCSD) of Metro City, New Columbia.

Why: The plaintiff is seeking damages due to negligent supervision, intentional infliction of emotional distress, pain and suffering, and apportionment of damages in result of bullying allegedly committed by Pearson in supervision of faculty and administration at KHS.

II. Disputed Facts

Whether Pearson has violated the Anti-Bullying Policy and Cell Phone Policy in place at KHS.

o Joking around v. Bullying Whether students were negligently supervised while attending KHS. Whether a student can be punished by a school’s administration for conflicts

occurring off of school grounds. Whether the proper and adequate procedures were followed in accordance with

KHS policies by KHS faculty and administration. Whether the results of the diagnostic Post-Traumatic Syndrome Disorder are

accurate. Whether any party should be liable to pay tuition at Saint Joseph Academy, a

private Christian institution, for Billings to attend for the next three and a half years, totaling $75,000.

o Potential motiveso Costo Alternatives

Whether Mr./Mrs. Billings acted rationally and compromisingly when dealing with the situation at KHS with Principal Li.

o Temporary Restraining Order (TPO) Whether Pearson can be liable for alleged damages incurred by Billings if Pearson

was not acting alone.o MyFace page

III. Prioritized Witness List

Justin/Justine Cook (Counselor)o We would like to speak to Cook because as the primary author of KHS’s

Anti-Bullying Policy, he/she could explain what issues are considered bullying and when the school does/does not intervene.

Will help establish the school’s opinion on when they find necessary to intervene and when they strictly do not.

Will show policy in perspective of main author, who should have most knowledge of policies and basis behind why the policies exist as they do.

o We would also like to speak to Cook in order to understand what exactly his/her job entails at KHS and his/her role in student involvement.

Will help to establish the idea that the counselor is experiencing too large of a workload to know every conflict between students.

Will help to establish the potential of too many students being held responsible by too few faculty members.

o We would like to speak to Cook about the conference he/she had with Billings.

This will show the extent to how serious the situation came off in his/her opinion which ultimately dictated the way the situation was handled.

Brendan/Brenda Lio We would like to speak to Principal Li because he/she was on the faculty

team of writers who wrote the school’s Anti-Bullying and Cell Phone Policy.

Speaking to someone who directly created these policies will give a better understanding to why the school handled the situation the way they did.

o We want to speak to Principal Li in regards to the anti-bullying policy and his/her opinions on its effectiveness.

Parent complaints Prior situations

o We would like to speak with Principal Li in order to have his/her daily and overall job duties and responsibilities.

C.J. Pearsono We would like to speak with Pearson in order to get his/her opinion on the

events that occurred between August 27, 2010 and December 1, 2010.

o We would like to speak to Pearson to help show a better perspective of how high school kids act during this time.

o We would like to speak to Pearson about how he/she was approached throughout this entire period of time.

Billings Cook Li

o Finally, we would like to speak with Pearson on the methods, timings, and locations of the conversations between Billings and Pearson between August 27, 2010 and December 1, 2010. This will help to establish how the school participates in the policies in place.

Text messages –in/out of KHS During class Never disciplined/reported

MyFace –out of KHS Prohibited/Blocked at KHS

III. Evidence List

MyFace Postso Procedure(s):

Public –Can view in office (January 17, 2011) Rule 36 –Request for Admission

The MyFace posts dated from October 27, 2010 to December 1, 2010 are being requested from Alex Billings requesting his/her opinion on the facts surrounding the MyFace conflict.

Billings will also be requested on the genuineness on the MyFace posts.

Billings will be served on December 13, 2010 and will have 30 days to respond; January 13, 2011.

Text Messageso Procedure(s):

Rule 34 –Producing Documents Request text messages between Billings and Pearson

between August 24, 2010 and November 10, 2010 Billings will be served December 13, 2010 and will have

30 days to respond. Will be inspected in office on January 17, 2011 by sorting

through text messages searching for signs of severity.

Text messages can be in document form.

Rule 36 –Request for Admission Billings will be requested for his/her opinion of truth

behind the facts surrounding the text messaging conflict. Billings will be requested for genuineness of the text

message documents. Response will be due January 13, 2011.

Email Correspondences o Procedure(s):

Rule 34 –Producing Documents Brendon/Brenda Li will be requested to provide a printout

of the email messages between Li and Cook from November 2, 2010 and November 9, 2010.

Justin/Justine Cook will be requested to provide a printout of the email messages between Li and Cook from November 2, 2010 and November 9, 2010.

Each party will be served on December 13, 2010 and will have 30 days to respond.

Inspection will take place in office on January 17, 2011. Email messages can be in document form.

Rule 36 –Request for Admission Brendon/Brenda Li will be requested to provide his/her

opinion on how the conflict between Billings and Pearson does or does not apply to KHS and their policies.

Justin/Justine Cook will be requested to provide his/her opinion on whether KHS took the necessary steps required by their policies.

Responses are due January 13, 2011. PTSD Diagnostic Results

o Procedure(s): Rule 34 –Producing Documents

Dr. Gabriel/Gabriella Rodriguez will be requested to provide the test results of the Post-Traumatic Stress Disorder Diagnostic Test administered on December 2, 2010.

Rodriguez will be served on December 13, 2010 and will have 30 days to respond.

The inspection will take place in office on January 15, 2011.

Test results can be in document form.

Rule 35 –Physical and Mental Examinations A motion will be filed to conduct a mental examination on

Alex Billings. Billings will undergo a second Post-Traumatic Stress Disorder Diagnostic Test administered by a medical expert of the court’s choosing, at a facility of the court’s choosing, on January 3, 2011.

o Good cause for conducting the second PTSD test is to compare the second results of an unbiased, administered test conducted after Billings had adequate time to calm down about the entire situation. Because the first test was administered by the head recruitment member of Saint Joe Academy one day after the incident where Billings showed clear and obvious signs of being still emotionally distraught, the results of the first PTSD test are being questioned on whether the results are truthful, credible, and unbiased.

A copy of the examiner’s report will also be requested from Dr. Rodriguez explaining the contents of the report, the diagnosis of Post-Traumatic Stress Disorder, and any other results of that or any other test conducted.

Rule 36 –Request for Admission Dr. Rodriguez will be requested to provide his/her opinion

on the results of the first PTSD test. Dr. Rodriguez will also be requested to genuineness of the

diagnostic PTSD results. Dr. Rodriguez will be requested for his/her opinion on

his/her current job description and duties. Response is due January 13, 2011.

KHS Anti-Bullying Policyo Procedure(s):

Rule 34 –Producing Documents KHS administration member, Brendon/Brenda Li, will be

requested to produce a copy of the current KHS Anti-Bullying Policy for the 2010-2011 academic year.

Li will be served on December 13, 2010 and will have 30 days to respond.

Inspection of the policy will occur on January 17, 2011 in office by reviewing and breaking down the policy.

Policy will be in document form. Rule 36 –Request of Admission

Brendon/Brenda Li will be requested to provide his/her opinion on the effectiveness and accuracy of KHS anti-bullying policy.

Li will be requested to provide his/her opinion on whether the conflict involving Billings and Pearson breached any duties the school owed their students in order to maintain an efficient and safe environment.

Justin/Justine Cook will be requested to provide his/her opinion, as head author of KHS anti-bullying policy, on the policy and how the school utilizes the policy.

Cook will be requested for his/her opinion on the severity of the situation between Billings and Pearson as portrayed to him/her during the meeting with Billings.

o Responses are due January 13, 2011. KHS Cell Phone Policy

o Procedure(s): Rule 34 –Producing Documents

KHS administration member, Brendon/Brenda Li will be requested to provide a copy of the current KHS Cell Phone Policy for the 2010-2011 academic year.

Li will be served on December 13, 2010 and will have 30 days to respond.

Inspection will take place in office on January 17, 2011 by reviewing and breaking down the policy.

Policy will be in document form. Rule 36 –Request of Admission

Brendon/Brenda Li will be requested to provide his/her opinion on the current cell phone policy and why it exists as is.

Li will be requested to provide his/her opinion on how cell phone related matters should be handled.

Li will be requested to provide his/her opinion on the disciplinary actions in place to handle cell phone matters

and how these were applied in the conflict between Billings and Pearson.

Response will be due January 13, 2011.

Justin/Justine Cook Witness Statement o Procedure(s):

Rule 33 –Interrogatories to Parties Justin/Justine Cook will be served an interrogatory on

December 13, 2010 and will have 30 days to respond. Interrogatory will include Cook’s opinion of the facts

relating to KHS anti-bullying policy, KHS cell phone policy, and the outcome of the events surrounding Billings and Pearson between August and December of 2010.

Rule 36 –Request of Admission Cook will be requested to provide the genuineness of

his/her interrogatories, the genuineness of the policies in place at KHS, and the genuineness of the email messages between Cook and Li.

Response will be due January 13, 2011.

Brendon/Brenda Lio Procedure(s):

Rule 33 –Interrogatories to Parties Brendon/Brenda Li will be served an interrogatory on

December 13, 2010 and will have 30 days to respond. Interrogatory will include his/her opinion on the facts of the

conflict between Billings and Pearson and why they did or did not require school intervention. The interrogatory will also include his/her opinion, as part of school administration, on KHS and Metro City School District responsibilities to their students.

Rule 36 –Request of Admission Brendon/Brenda Li will be requested to provide the

genuineness of his/her interrogatory, the genuineness of the policies in place at KHS, and the genuineness of the email messages between Cook and Li.

Response will be due January 13, 2011.

C.J. Pearsono Procedure(s):

Rule 33 –Interrogatories to Parties C.J. Pearson will be served an interrogatory on December

13, 2010 and will have 30 days to respond. Interrogatory will include how and when the relationship

between Billings and Pearson began, the motive of the continued contact between Billings and Pearson, and type of student/child/person Pearson is in his/her own opinion.

Rule 36 –Request of Admission C.J. Pearson will be requested to provide the genuineness

of his/her interrogatory, the genuineness of the text messages between Billings and Pearson, and the genuineness of the MyFace posts.