Equality Charter School Domain Name Complaint
Equality Charter School Domain Name Complaint
Equality Charter School Domain Name Complaint
Attached is a Complaint that has been filed against you with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center (the Center) pursuant to the Uniform Domain Name Dispute Resolution Policy (the Policy) approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999, the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) approved by ICANN on October 30, 2009, and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules). The Policy is incorporated by reference into your Registration Agreement with the Registrar(s) of your domain name(s), in accordance with which you are required to submit to a mandatory administrative proceeding in the event that a third party (a Complainant) submits a complaint to a dispute resolution service provider, such as the Center, concerning a domain name that you have registered. You will find the name and contact details of the Complainant, as well as the domain name(s) that is/are the subject of the Complaint in the document that accompanies this Coversheet. You have no duty to submit a Response to the Complaint until you have been formally Notified of the Complaint and Commencement of Administrative Proceedings by the Center. Once the Center has checked the Complaint to determine that it satisfies the formal requirements of the Policy, the Rules and the Supplemental Rules, it will forward an official copy of the Complaint, including annexes, to you by e-mail as well as sending you hardcopy Written Notice by post and/or facsimile, as the case may be. You will then have 20 calendar days from the date of Commencement within which to submit a Response to the Complaint in accordance with the Rules and Supplemental Rules to the Center and the Complainant. You may represent yourself or seek the assistance of legal counsel to represent you in the administrative proceeding. The Policy can be found at http://www.icann.org/en/dndr/udrp/policy.htm The Rules can be found at http://www.icann.org/en/dndr/udrp/uniform-rules.htm The Supplemental Rules, as well as other information concerning the resolution of domain name disputes can be found at http://www.wipo.int/amc/en/domains/supplemental/eudrp/ A model Response can be found at http://www.wipo.int/amc/en/domains/respondent/index.html
Alternatively, you may contact the Center to obtain any of the above documents. The Center can be contacted in Geneva, Switzerland by telephone at +41 22 338 8247, by fax at +41 22 740 3700 or by e-mail at domain.disputes@wipo.int. You are kindly requested to contact the Center to provide an alternate e-mail address to which you would like (a) the Complaint, including Annexes and (b) other communications in the administrative proceeding to be sent. A copy of this Complaint has also been sent to the Registrar(s) with which the domain name(s) that is/are the subject of the Complaint is/are registered. By submitting this Complaint to the Center the Complainant hereby agrees to abide and be bound by the provisions of the Policy, Rules and Supplemental Rules.
Before the: WORLD INTELLECTUAL PROPERTY ORGANIZATION ARBITRATION AND MEDIATION CENTER
Equality Charter School 4140 Hutchinson River Pkway East, Bronx, NY 10475 USA (Complainant) -vMona Davids 120 Edgar Place Apt. 23F Bronx, New York 10475 USA www.equalitycharterschool.com (Respondent) ________________________________ Disputed Domain Name(s):
COMPLAINT
(Rules, Paragraph 3(b); Supplemental Rules, Paragraphs 4(a), 12(a), Annex E) I. Introduction [1.] This Complaint is hereby submitted for decision in accordance with the Uniform Domain Name Dispute Resolution Policy (the Policy), approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999, the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules), approved by ICANN on October 30, 2009, and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules).
II. The Parties A. The Complainant (Rules, Paragraphs 3(b)(ii) and (iii)) [2.] The Complainant in this administrative proceeding is Equality Charter School, Inc.
[3.]
The Complainants contact details are: 4140 Hutchinson River Pkway East, Bronx, NY 10475 212-878-6659 212-878-6661 cschneider@cohenschneider.com
The Complainants authorized representative in this administrative proceeding is: Cliff S. Schneider Cohen Schneider LLP 275 Madison Avenue New York, NY 10016 212-878-6659 (tel) 212-878-6661(fax) cschneider@cohenschneider.com
[5.]
The Complainants preferred method of communications directed to the Complainant in this administrative proceeding is: Electronic-only material Method: Address: Contact: e-mail cschneider@cohenschneider.com Cliff Schneider
Material including hardcopy (where applicable) Method: Fax: Contact: Fax 212-878-6661 Cliff Schneider B. The Respondent (Rules, Paragraph 3(b)(v)) [6.] According to our WhoIs database research we have identified the private registrant of www.equalitycharterschool.com. New Dream Network, LLC is known to be the owner of www.dreamhost.com which registered the domain name in question. The respondent is a private registrant who used New Dream Network LLC to host the domain name. All that is known to the Complainant is that the Respondent in this
administrative proceeding is Mona Davids. Her known address is 120 Edgar Place, Apt 23F Bronx, New York 10475. Copies of the printout of the database search(es) conducted on [7/6/11] are provided as [Annex I]. [7.] All information known to the Complainant regarding how to contact the Respondent is as follows: Mona Davids 120 Elgar Place Apt. 23F Bronx, New York 10475 Phone Number: 718-862-2939 Email Address: Mona@azaniaholdings.com III. The Domain Name(s) and Registrar(s) (Rules, Paragraphs 3(b)(vi), (vii)) [8.] This dispute concerns the domain name(s) identified below: www.equalitycharterschool.com created on 2011-03-21 17:11:37. [9.] The registrar(s) with which the domain name(s) is/are registered is/are: New Dream Network, LLC DreamHost; www.dreamhost.com PMB #257 417 Associated Rd. Brea, CA 92821 USA
[10.]
To the best of the Complainants knowledge, the language of the Registration Agreement is English, a copy of which is provided as Annex [2] to this Complaint. The Complaint has been submitted in English.
V. Jurisdictional Basis for the Administrative Proceeding (Rules, Paragraphs 3(a), 3(b)(xv)) [11.] This dispute is properly within the scope of the Policy and the Administrative Panel has jurisdiction to decide the dispute. The registration agreement, pursuant to which the domain name(s) that is/are the subject of this Complaint is/are registered, incorporates the Policy. A true and correct copy of the domain name dispute policy that applies to the domain name(s) in question is provided as [Annex III] to this Complaint and can be found at http://www.dreamhost.com/domains-udrp.html
VI. Factual and Legal Grounds (Policy, Paragraphs 4(a), (b), (c); Rules, Paragraph 3) [12.] A. This Complaint is based on the following grounds: The domain name(s) is(are) identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (Policy, Paragraph 4(a)(i); Rules, Paragraphs 3(b)(viii), (b)(ix)(1)) Equality Charter School is a public charter school authorized by the State of New York [Annex IV Copy of Charter] located at 4140 Hutchinson river Parkway East, Bronx, NY 10475 as one of 202 charter schools in New York. As a not-for-profit education corporation, ECS registered the domain equalitycharterschool.org on June 21, 2008 at 5:25pm to act as the portal through which constituents of the school may obtain pertinent information on the Schools program, academics, staff, board, calendar etc. This site is routinely used by students and their families, teachers and prospective teachers, other schools, state and local officials and others with an interest in the School and the New York State Charter School community. There is only one Equality Charter School in New York State (and to the best of our knowledge, only one in the United States) and ECS takes care to protect its brand and use of its mark. ECS has reason to believe that one or more parents with frequent complaints and criticisms of ECS elected to register equalitycharterschool.com in March 2011 for the sole purpose of providing misleading, disparaging and in some cases defamatory information on the site. Because the only difference between the URLs is the .org versus .com
extension, many constituents have been confused when visiting each of the sites; therefore, there is clear confusion in the marketplace caused solely by the registrants population of the .com site with disparaging demeaning information. For the avoidance of doubt, the mark Equality Charter School has been in existence and used in the marketplace [See copy of Charter Annex IV] since 2008, when ECS was founded. The services connected to the mark are the provision of grades 7-12 education to public school students in New York City. The registrant of the .com site offers no real good or services but does offer information about ECS that is not authorized, in some cases untrue but in any event, a clear infringement on ECSs rights to its trademark. B. The Respondent has no rights or legitimate interests in respect of the domain name(s); (Policy, Paragraph 4(a)(ii); Rules, Paragraph 3(b)(ix)(2)) The respondent has no rights or legitimate interests in respect of the domain name and purely has an agenda to hinder the charter school. A cease and desist letter was sent to the respondent with no response. [Annex VI] ECS seeks to have the domain name transferred and cancelled to end any confusion stemming from the similar domain. The respondents unauthorized use tarnishes the mark at issue. There is no evidence of the Respondents use of the domain name in connection with a bona fide offering of goods or services because the domain is used for not other purpose than to disparage ECS. Respondent has no legitimate use because the sole purpose of their domain is to disparage and in some cases provide false, defamatory information to tarnish the reputation of ECS.
C.
The domain name(s) was/were registered and is/are being used in bad faith. (Policy, paragraphs 4(a)(iii), 4(b); Rules, paragraph 3(b)(ix)(3)) The respondent clearly exhibits a purpose to obstruct ECSs services by tarnishing its reputation. Its unauthorized use deters prospective fund raising, 6
enrollment development and instruction in general. This has a chilling effect on its employees [Annex V Website Pages] illustrates its disparaging and/or defamatory content; alleging corrupt leaders, failing school and a mismanaged charter school as a whole. Its similar domain name clearly employs a sole purpose to direct negative attention towards the charter school and impede its normal operation and reputation to serve respondents needs and views to the exclusion of all others. There are no circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the owner of the trademark or service mark or to the competitor of that Complainant, for valuable consideration in excess of the Respondents out-of-pocket costs directly related to the domain name. The domain name was, however registered in order to prevent the owner of the trademark from reflecting the mark n a corresponding domain name; preventing the owner from controlling the site. This domain name was registered primarily for the purpose of disrupting the business of a competitor, ECS.
VII. Remedies Requested (Rules, Paragraph 3(b)(x)) [13.] In accordance with Paragraph 4(i) of the Policy, for the reasons described in Section VI. above, the Complainant requests the Administrative Panel appointed in this administrative proceeding that the disputed domain name be transferred to the complainant.
VIII. Administrative Panel (Rules, Paragraph 3(b)(iv); Supplemental Rules, Paragraph 8(a)) [14.] The Complainant elects to have the dispute decided by a single-member Administrative Panel.
IX. Mutual Jurisdiction (Rules, Paragraph 3(b)(xiii)) [15.] In accordance with Paragraph 3(b)(xiii) of the Rules, the Complainant will submit, with respect to any challenges that may be made by the Respondent to a decision by the Administrative Panel to transfer or cancel the domain name(s) that is/are the
subject of this Complaint, to the jurisdiction of the courts at the location of the principal office of the concerned registrar AND the domain name holders address, as shown for the registration of the domain name(s) in the concerned registrars WhoIs database at the time of the submission of the Complaint to the Center.
X. Communications (Rules, Paragraphs 2(b), 3(b)(xii); Supplemental Rules, Paragraphs 3, 4, 12) [17.] A copy of this Complaint, together with the cover sheet as prescribed by the Supplemental Rules, has been sent or transmitted to the Respondent on August 2, 2011 by electronic mail. [18.] A copy of this Complaint has been sent or transmitted to the concerned registrar(s) on July 18, 2011 by certified mail. [19.] This Complaint is submitted to the Center in electronic form, including annexes, in the appropriate format.
XI. Payment (Rules, Paragraph 19; Supplemental Rules Paragraph 10, Annex D) [20.] As required by the Rules and Supplemental Rules, payment in the amount of USD $1500.00 has been made by credit card authorization.
XII. Certification (Rules, Paragraph 3(b)(xiv); Supplemental Rules, Paragraph 14) [21.] The Complainant agrees that its claims and remedies concerning the registration of the domain name(s), the dispute, or the disputes resolution shall be solely against the domain name holder and waives all such claims and remedies against (a) the WIPO Arbitration and Mediation Center and Panelists, except in the case of deliberate wrongdoing, (b) the concerned registrar(s), (c) the registry administrator, (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.
[22.] The Complainant certifies that the information contained in this Complaint is to the best of the Complainants knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under the Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument. Respectfully submitted,
XIV. List of Annexes (Rules, Paragraph 3(b)(xv); Supplemental Rules, Paragraphs 4(a), 12(a), Annex E) Annex I: . Open a FREE Account| Log in | Help
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Registrar History: 1 registrar NS History: 1 change on 2 unique name servers over 0 year. IP History: 2 changes on 2 unique name servers over 0 years. Whois History: 5 records have been archived since 2011-03-23 . Reverse IP: 40 other sites hosted on this server. Log In or Create a FREE account to start monitoring this domain name
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equalitycharterschool.com Private Registrant A Happy DreamHost Customer 417 Associated Rd #324 Brea, CA 92821 US +1.2139471032 Technical Contact: equalitycharterschool.com Private Registrant A Happy DreamHost Customer 417 Associated Rd #324 Brea, CA 92821 US +1.2139471032 Billing Contact: equalitycharterschool.com Private Registrant A Happy DreamHost Customer 417 Associated Rd #324 Brea, CA 92821 US +1.2139471032 Record created on 2011-03-21 17:11:37. Record expires on 2012-03-21 17:11:37. Domain servers in listed order: ns1.dreamhost.com ns2.dreamhost.com ns3.dreamhost.com
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iv.
You acknowledge that Afilias, the registry operator for the .INFO top-level domain will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
v.
DreamHost and Afilias, the registry operator for the .INFO top-level domain expressly reserve the right to deny, cancel or transfer any registration that either shall deem necessary, in its discretion, to protect the integrity and stability of the .INFO registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of DreamHost and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. DreamHost and Afilias also reserve the right to lock a domain name during resolution of a dispute.
B. (.NAME) Provision of Registration Data is as follows: i. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including: (i) your full name and postal address, email address, voice telephone number, and fax number, if available; (ii) the IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name; (iii) the full name, postal address, email address, voice telephone number, and fax number, if available, of the technical contact for the domain name; (iv) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; (v) the name, postal address, email address, voice telephone number, and fax number, if available, of the billing contact for the domain name. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by Internet Corporation for Assigned Names and Numbers (ICANN). You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export. ii. You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed
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to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person (Personal Data) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN policy. The Global Name Registry, Limited (Registry Operator) may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operators subcontractors. You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis. C. (.NAME) Restrictions: i. Registrations in the .name TLD must constitute an individuals Personal Name. For purposes of the .name restrictions (the Restrictions), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
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1. Purpose
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings underParagraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available atwww.icann.org/udrp/udrprules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
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In the administrative proceeding, the complainant must prove that each of these three elements are present. b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: i. circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented outof-pocket costs directly related to the domain name; or ii. you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or iii. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or iv. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location. c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.
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When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): i. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or ii. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or iii. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f). e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel"). f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN. g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided inParagraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant. h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
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Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
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Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
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Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, filestamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
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9. Policy Modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at http://www.dreamhost.com/domains-udrp.html at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
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APRIL 1, 2011 BY INEQUALITY LEAVE A COMMENT From: Yvette Miranda <yvette.miranda@equalitycharterschool.org> Subject: Teacher replacing Music Date: Monday, March 28, 2011, 12:35 PM Good Day to All 8th Grade Parents and Guardians, we are sending the below letter home with all 8th grade students today. Please make sure to retrieve it from them. March 28, 2011 Dear 8th Grade Parents and Students, Effective Monday, March 28, 2011 Mrs. Leathers is no teaching music at Equality Charter School. To fulfill her class every Monday and Thursday for our eighth graders, while we search for a replacement music teacher, Mr. Butler will be teaching Physical Education, Health, and Team Building as an extension of Mrs. Farrisons PE/Health class. Mr. Butler has been a Recreation Supervisor, Athletic Director, Health/PE Teacher, Coach, Athletic Trainer, among many other positions. He is extremely qualified for this job and is very excited to be a part of our community. I believe this is a great addition to our academic program, and the team building component of his course will provide students with skills that they can use in many other aspects of their lives. Mr. Butlers class will be graded, but the grade will be in conjunction with Mrs. Farrisons PE/Health grade. Therefore, students will not be receiving grades for music on their report cards for Quarter 3, but will be receiving their PE/Health grades from both Mrs. Farrison and Mr. Butler. If you have any questions, please feel free to contact me or Mrs. Farrision. Sincerely, Caitlin Franco Principal FILED UNDER NEWS Throwdown/Beatdown at Equality Today
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Another day, another throwdown/beatdown at Equality. Wheres the school leaders, wheres the Deans and many school aides. Wheres PBIS? FILED UNDER NEWS Teacher & Staff Turnover
MARCH 22, 2011 BY INEQUALITY 3 COMMENTS Equality opened in September 2009. The Teacher & Staff turnover has been higher than the other failing, mismanaged charter schools that ended up getting shut down. Kudos to the teachers at Equality who mostly all left. They worked under such oppressive circumstances at risk of being fired at the Principal and Assistant Principals whim. Unfortunately, that hasnt changed this year, except for the board finally taking the power to hire and fire from the Principal. Heres the breakdown: In its first year, the Co-Founder & Executive Director, Peg Hoey, quit after being pushed out by the recently fired JoAnn Myers and newly appointed Principal (former assistant principal) Caitlin Franco. A month after Peg Hoey left, the founding chairman of the Equality Board of Directors, Stephen Tosh also abruptly left. At the end of the first year, June 30, 2010, almost 90% (NINETY) of the teachers and staff left and did not return in September 2010. In the Summer of 2010, the new board chairman, Hashim Bello, who took over for the other board chairman that quit, also quit. So, did another board member, Gina Feliciano. A new board chair, Ehri Mathurin, who just joined the board in May 2010, became board chair Since the school year began, more teachers and staff have left, this prompted the board in January 2011 to take away all hiring and firing of teachers and staff from the Principal, JoAnn Myers In December, JoAnn Myers whose husband she hired in September 2010 in a newly created position of Dean for 7th graders with NO qualifications was fired by the board, after threatening the safety of the assistant principal, Caitlin Franco, who had also hired her live-in boyfriend in a newly created position of Dean for 8th graders also with NO qualifications. In January, the board finally fired JoAnn Myers. Now that Caitlin Franco, got JoAnn Myers out, she is now Principal with her live-in boyfriend as 6th grade Dean because he does not get along with the 8th grade students and some of their parents. Read more at City Limits Newspaper at: http://www.citylimits.org/news/articles/4205/charter-school-struggling-hiredleaders-kin This school year, we already have a few staff who have left
To read about recent charter schools last year and this year that were shut down for high turnover, poor academics, mismanagement and corruption like Equality, click the links under school names below: 1. East New York Prep Charter School
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http://www.citylimits.org/news/articles/4205/charter-school-struggling-hired-leaders-kin http://gothamschools.org/2010/03/19/city-argues-brooklyn-charter-school-should-be-shut-this-year/ http://gothamschools.org/2010/04/16/chancellor-orders-troubled-brooklyn-charter-school-to-close/ 2. Ross Global Academy Charter School http://www.nypost.com/p/news/local/manhattan/village_school_students_take_charter_sPkC4LsbSutwpXPNW kXKyH http://www.nypost.com/p/news/local/manhattan/charter_bad_course_SRVUhP0ZQqITaee5eXF0gK http://www.nypost.com/p/news/local/manhattan/charter_survival_appeal_N1BH5RE3ZOwuHChxEXTqUJ
Reading the stories of corruption, cronyism, mismanagement from now closed(ing) charters, their antics still are not as bad as Equality. Their turnover and NYS Tests were better. FILED UNDER NEWS NYS Tests & Academics | Majority of Equalitys Students FAILED
MARCH 22, 2011 BY INEQUALITY LEAVE A COMMENT Equality failed its students in preparing them for their NYS Tests. Majority of the students failed miserably. These students should have been better prepared. It is the fault of the school leaders and board that the kids failed. Below are the results for 6th and 7th graders. 6th Graders: ELA Only 45% of the 6th graders passed their ELA Test Math Only 58% of the 6th graders passed their Math Test 7th Graders: ELA Only 19% of the 6th graders passed their ELA Test Math Only 29% of the 7th graders passed their Math Test Keep in mind the recently fired principal, JoAnn Myers was a Math Teacher and the former assistant Principal (whos now principal), Caitlin Franco was an ELA teacher AND yet they failed to ensure the students were taught well enough to at least pass the NYS tests. Kudos to the teachers at Equality who mostly all left. They worked under such oppressive circumstances at risk of being fired at the Principal and Assistant Principals whim. Unfortunately, that hasnt changed this year, except for the board finally taking the power to hire and fire from the Principal. For more information and to check the facts yourself about this failing charter school go to the New York Times at: http://projects.nytimes.com/new-york-schools-test-scores/counties/bronx/districts/new-york-city-district11/schools/equality-charter-school/subjects/english
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FILED UNDER NEWS 8th Grade Parents Told in Mid-November, Equalitys Not Going to High School
MARCH 22, 2011 BY INEQUALITY 2 COMMENTS In mid-November, the board had an emergency meeting and decided Equality will not add a 9th grade and go to high school. This resulted in screwing the students and families who enrolled in the school because they offered a seamless 6-12 transition. Equality denied students the opportunity to investigate and go through the high selection process by visiting schools, auditioning and preparing for the Specialized High School Tests. They told parents the decision not to go to high school is because theyre not academically ready. Next time, Equality families will be like the East New York Prep and Ross Global Academy Charter Schools families, SOL with the school being shut down. All those families, didnt think it would happen at their school either. To read about recent charter schools last year and this year that were shut down for high turnover, poor academics, mismanagement and corruption like Equality, click the links under school names below: 1. East New York Prep Charter School http://www.citylimits.org/news/articles/4205/charter-school-struggling-hired-leaders-kin http://gothamschools.org/2010/03/19/city-argues-brooklyn-charter-school-should-be-shut-this-year/ http://gothamschools.org/2010/04/16/chancellor-orders-troubled-brooklyn-charter-school-to-close/ 2. Ross Global Academy Charter School http://www.nypost.com/p/news/local/manhattan/village_school_students_take_charter_sPkC4LsbSutwpXPNW kXKyH http://www.nypost.com/p/news/local/manhattan/charter_bad_course_SRVUhP0ZQqITaee5eXF0gK http://www.nypost.com/p/news/local/manhattan/charter_survival_appeal_N1BH5RE3ZOwuHChxEXTqUJ Reading the stories of corruption, cronyism, mismanagement from now closed(ing) charters, their antics still are not as bad as Equality. Their turnover and NYS Tests were better. FILED UNDER NEWS Special Education Dont put your child in this school
MARCH 22, 2011 BY INEQUALITY LEAVE A COMMENT Equality was found guilty last year at an Impartial Hearing for not serving a student with an IEP and violating his rights under IDEA. For more information and the FACTS click on the links below: http://www.nydailynews.com/ny_local/education/2010/05/03/2010-0503_charters_fail_special_ed_critics_knock_low_enrollment_of_severely_disabled.html http://www.huffingtonpost.com/joel-shatzky/charter-schools-pulling-t_b_508043.html
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MARCH 22, 2011 BY INEQUALITY LEAVE A COMMENT After much pushing, Equality finally allowed parents in March 2010, to have an election for their parent group. NOT ONE PARENT ran for office AND the meeting was poorly attended. In the end parents were appointed because nobody wanted to be bothered or controlled especially when the school year is up anyway. The parent group has met less than a handful of times since March 2010 and the meetings are poorly attended because the parents know the group is controlled by the recently fired principal and new principal who got rid of the old principal. The principal and unelected parents refuse to comply with the law and create an independent Parent Association that is run and controlled by the parents. Afterall, if you have parents you dont control they may actually expect you to educate their kids. FILED UNDER NEWS TAGGED WITH CORRUPTION, ELECTIONS, PUPPETS Corruption at Equality
MARCH 22, 2011 BY INEQUALITY LEAVE A COMMENT The last months of the 2009/2010 school year, beginning in the Spring, the unemployed husband and live-in boyfriend of the Principal and Assistant Principal started hanging at the school, in the hallways EVERYDAY. Then it dawned on them all, lets hire them and give them a job because we can do whatever we want, the board wont stop us and the parents wont say anything. So, they created two new positions called 7th and 8th grade deans and hired their men instead of spending that money on the students, perhaps providing tutoring for the majority of students who ended up failing the NYS ELA and Math Tests. In December, there was an altercation between the Assistant Principal and the Principals husband resulting in the husband threatening the safety of the Assistant Principal and her notifying the board. This resulted in the Principal and Assistant Principal no longer speaking to each other, including at the board meeting and the Principal finally getting fired by the board. Now we have the Assistant Principal with her live-in boyfriend running the school with the incompetent board still impotent and dysfunctional as ever. More to come, but this is the tip of the iceberg FILED UNDER UNCATEGORIZED TAGGED WITH CAITLIN FRANCO, DEVON MYERS, ELA, FAILING, JOANN MYERS, MARK HINES, MATH
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MARCH 21, 2011 BY INEQUALITY LEAVE A COMMENT UPDATE FEBRUARY 2011: A few weeks after our visit Joann Meyers was fired as principal and replaced with the assistant principal, Caitlin Franco. 2011 REVIEW: Located in Co-op City in a building shared with PS 160, Equality Charter School serves children in grades 6 to 8 and plans to expand to include high school grades in 2014. The school focuses on core academics with 90-minute periods of math and English and there is a heavy emphasis on preparing students for standardized tests. Average class size is 25 students. Principal Joann Meyers has put in place a remedial reading program called Read 180, designed to bring students who are more than two grades behind in reading up to grade-level within one to two years. She said a few students moved from the remedial class to a regular English class after the first year. The school tests students in each subject every four to six weeks and results showing students progress are posted on data walls in each classroom. Teachers struggle to engage their classes and instill discipline. We have the components, its the execution we have to work on now, Meyers acknowledged. Teachers are still learning the foundation. Positive Behavioral Interventions and Supports (PBIS), a program designed to improve student behavior and academic performance is the basis for Home and Career, a class using Jack Canfields Success Principles for Teens to give students the tools to deal with life situations. Its not enough to have math, reading and writing, students have to have goals for life, said Meyers. Morning announcements also outline one area of PBIS daily, the children chanting affirmations such as I am responsible to go along with the mantra. To deal with discipline issues using preventative measures, the school has added a dean for each grade, hoping to stop conflicts between students before they occur. Students are required to wear a uniform. They must attend detention if they fail to wear a uniform, if they come to class late, or if they fail to complete homework. In 2010, the school added after school homework help, student council, boys and girls basketball, flag football and track Its been proven that the more extracurricular kids are involved in, the higher their GPA, stated Meyers. Special education: Most classes are co-taught with a subject teacher and one who is certified in special education. Admissions: A lottery is held in April. Students in District 11 and siblings of students already enrolled have priority. There is currently a wait list of over 500 students. (Aryn Bloodworth, January 2011) FILED UNDER NEWS
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SAVE EQUALITY BRING IN NEW LEADERS WHO ARE NOT CORRUPT Equality Charter School has great teachers and fantastic students. Unfortunately, the teachers have suffered under an oppressive leadership, resulting with high turnover and the kids have suffered with out of control detentions, suspensions and retaliations by leadership. Teachers and students MUST be respected and deserve the best leaders for our school. We want Equality to succeed and demand the Board of Directors bring in new leadership and foster a school culture of respect for teachers, students and families. We DEMAND new leadership not failed corrupt leaders. Your Man Doesnt Have A Job | Start a Charter & Create a Job Charter School, Struggling, Hired Leaders' Kin http://www.citylimits.org/news/articles/4205/charter-schoolstruggling-hired-leaders-kin Recent Comments Former Teacher on 8th Grade Parents Told in Mid-November, Equalitys Not Going to High School Former Teacher on Teacher & Staff Turnover Former Teacher on Corruption & Drama Parent on Parent Involvement parent on Corruption & Drama Recent Posts Another Teacher Bites the Dust, March 28, 2011 Throwdown/Beatdown at Equality Today Teacher & Staff Turnover NYS Tests & Academics | Majority of Equalitys Students FAILED 8th Grade Parents Told in Mid-November, Equalitys Not Going to High School
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Dear Sirs: This Firm represents the Equality Charter School, a New York Not-for-Profit Education Corporation located in the Bronx, NY. The recently-registered domain equalitycharterschool.com and the website which appears on the domain violates my clients intellectual property rights, as the owner and/or publisher of equalitycharterschool.com does not have my clients legally-required permission to either have acquired for use or to actual use this domain in any way whatsoever. Among other things, use of this site is deceptive and creates confusion in the marketplace as users may mistaken believe that this site is the official site of the Charter School. Accordingly, you are immediately ordered to cease and desist any activity with this domain and take down the current website (and not replace it with any other website) no later than 5 pm Eastern Standard Time on Monday, March 28, 2011, and await and abide by my clients instructions with respect to the transfer of the domain to my client. Should you refuse to abide by the above demand, we shall proceed with more formal dispute resolution procedures including, but not limited to, filing suit for immediate injunctive relief to protect our clients intellectual property interests. Should we need to resort to such measures to secure your cooperation, in addition to such damages as a court may award, you shall be responsible for my clients legal fees in pursuing this matter. Please also be advised that you do not have this Firms permission to reproduce any portion of this email communication and should you chose to do so, this Firm will avail itself of any and all legal remedies at its disposal. Be guided accordingly. Respectfully, COHEN SCHNEIDER LLP By: /s/ Cliff S. Schneider
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