1 LAW OFFICES OF MARK R. SMITH, P.C. Mark R. …...WCTA, Angelique attempted to schedule another meeting with Mr. Yee at the end of March. Exh. 4, Email chain from Angelique Clark

Page 1 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

**************************

ANGELIQUE CLARK, by and through

her parents and next friends Claire

Trebaol-Clark and Michael Clark,

Plaintiff,

vs.

CLARK COUNTY SCHOOL DISTRCT;

WEST CAREER AND TECHNICAL

ACADEMY; PAT SKORKOWSKY,

individually and in his official capacity as

Superintendent of Clark County School

District; AMY DOCKTER-ROZAR,

individually and in her official capacity as

Principal of West Career & Technical

Academy; and ALLEN YEE, individually

and in his official capacity as Assistant

Principal of West Career and Technical

Academy,

Defendants.

_____________________________________

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

Case No.

COMPLAINT FOR:

1) Violation of 20 U.S.C. §§ 4071 et seq.

(Equal Access Act);

2) Violation of First Amendment of the

United States Constitution and 42

U.S.C. § 1983

3) Injunctive Relief under 28 U.S.C.

§ 1343;

4) Declaratory Relief under 28 U.S.C.

§§2201-02;

5) Damages under 28 U.S.C. § 1343; and

6) Costs and Attorneys’ Fees under 42

U.S.C § 1988(b).

/ / /

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: [email protected]

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


Attorneys for Plaintiff

Case 2:15-cv-01549 Document 1 Filed 08/13/15 Page 1 of 14

Page 2 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY

JUDGMENT, AND NOMINAL DAMAGES

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

(“WCTA”), a public school, who wishes to exercise her free speech rights, protected by federal

and state law, to create a pro-life club in order to educate her fellow students on the issue of

abortion and to offer hope and resources to help in the cases of crisis pregnancies. However, she

was denied the right to start a pro-life club at her school, simply by virtue of the content of the

club’s expression.

2. The actions of Defendants Clark County School District (“CCSD”), WCTA, and

their agents in denying Plaintiff’s application to form a student-initiated, student-led pro-life club

at WCTA is content-based discrimination that violates the federal Equal Access Act, 20 U.S.C.

§§ 4071 et seq. (“EAA”), and the First Amendment to the United States Constitution. Plaintiff

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

JURISDICTION AND VENUE

3. This action raises federal questions under the First Amendment of the United

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

4. This action raises federal questions under the Equal Access Act (20 U.S.C.

§§ 4071, et seq.).

5. This Court has original jurisdiction over federal claims pursuant to 28 U.S.C.

§§1331 and 1343.

/ / /

/ / /


Page 3 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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. 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. Defendant Clark County School District is a school district, organized and existing

under the Constitution and Laws of the State of Nevada, for public elementary and secondary

school purposes. CCSD administers over 300 schools in Clark County, Nevada.

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

Superintendent of Clark County School District and is sued both individually and in his official

capacity.

11. Defendant West Career and Technical Academy is a magnet high school located in

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

12. 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.

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

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

/ / /

/ / /


Page 4 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

school’s Activities Office. The application form she was given was titled “Application for Club

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

17. She was later told by Assistant Principal Mr. Yee, in May 2015, that it was the

only club application form WCTA had.

18. The completed application indicated, “All students of WCTA are welcome to

join.” See Exh. 1.

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

Activities Office. See Exh. 1.

20. The application included the required signature of a faculty advisor, Ms. Sandy

Roden, a constitution, and a list of 25 interested students—more than double the required

minimum of 10 interested students. See Exh. 1.

21. On February 9, 2015, Angelique asked the club’s faculty advisor about the status

of her application and was informed that Mr. Yee had said the club was a “no go.”

22. Angelique received no written official denial of her application.

23. On February 18, 2015, after doing independent research pertaining to those aspects

of the law which apply to students’ rights in forming clubs on public high school campuses,

Angelique sent a letter summarizing her finding to Mr. Yee and the Principal of WCTA, Ms.

Dockter-Rozar. Exh. 2, E-mail from Angelique Clark to Amy Dockter-Rozar (Feb. 18, 2015).

24. She also explained, “I am not asking the administration to agree with me on the

topic of abortion. I am not asking anyone to do that. I am asking you to give the students of

West Career and Technical Academy their right to the opportunity to learn and discuss such a

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

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

discuss her application.

26. In that meeting, Mr. Yee listed various reasons why her proposed club was

unacceptable.

/ / /


Page 5 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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;

e. the topic of abortion is controversial; and

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

rights.

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

further information on the application and decision making process. Exh. 3, Emails from

Angelique Clark to Yamilza Rivera Negron (Mar. 12, 2015, Mar. 22, 2015).

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

32. She received no response to either email.

33. Having received no further answers or communication from the administration at

WCTA, Angelique attempted to schedule another meeting with Mr. Yee at the end of March.

Exh. 4, Email chain from Angelique Clark to Allen Yee (beginning Mar. 22, 2015).

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 6 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

36. An hour before the scheduled meeting, Mr. Yee canceled the meeting but stated

that he would re-schedule it. Mr. Yee subsequently failed to re-schedule the meeting.

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

aware of the situation and took no action to contradict the decisions of Mr. Yee or Ms. Dockter-

Rozar.

41. Ms. Dockter-Rozar, as Principal of WCTA and Mr. Yee’s supervisor, was aware

of Mr. Yee’s actions and took no other action to contradict his reasoning or decision. See Exhs.

2, 4, 6.

42. According to CCSD District Regulation 5132, “[e]ach 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” (hereinafter “Chartered” and

“Sanctioned,” respectively). Exh. 7, CCSD Reg. 5132, Clubs and Organizations, available at

http://ccsd.net/district/policies-regulations/pdf/5132_R.pdf.

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

approval but no direct association with school activities.” Id. at §II.A. Boy Scouts, Girl Scouts,

Junior Achievement, and Key Club are listed as examples of Sanctioned groups. Id.

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 7 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

available at http://ccsd.net/district/policies-regulations/pdf/5132.4_R.pdf.

47. 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. It further states that meetings “conducted under equal access . . . are not sponsored

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

49. WCTA currently has, among others, an Anime Club, a Key Club, a Gay/Straight

Alliance, and a Bible Club.

50. On May 21, 2015, Angelique’s Counsel sent Defendants a Demand Letter

outlining the law and asking them to approve her club, which asked for a response by June 1,

2015.

51. To this date, none of the Defendants have offered any response to the Demand

Letter.

ALLEGATIONS OF LAW

52. All of the acts herein alleged of the Defendants, their officers, agents, servants,

employees, or persons acting at their behest or direction, were done and are continuing to be done

under the color of state law, including the statutes, regulations, customs, policies, and usages of

the State of Nevada.

53. By enacting and enforcing policies that withhold from Plaintiff the status and

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

Plaintiff based on the content and viewpoint of her speech and sent a message of exclusion and

disfavor of Plaintiff and her message, resulting in a chilling impact on Plaintiff’s efforts at

recruitment, association, and dissemination of her message.

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 8 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

federal constitutional rights to free association, freedom of speech, and equal access to the limited

open forum of secondary school clubs.

CLAIMS FOR RELIEF

COUNT I:

Defendants’ Actions Violated Plaintiff’s 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 student’s speech. 20 U.S.C. §4071(a).

57. The EAA further states that “[a] public secondary school has a limited open forum

whenever such school grants an offering to or opportunity for one or more noncurriculum related

student groups to meet on school premises during noninstructional time.” 20 U.S.C. §4071(b).

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 Plaintiff’s equal access to form and operate a pro-life group

on equal footing with the other noncurriculum related clubs already in existence in the school,

based on the content of the pro-life message of the club, violates Plaintiff’s rights under the EAA.

60. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief set

forth hereinafter in the prayer for relief.

COUNT II:

Defendants’ Policies Violate the Equal Access Act as Applied






63. The EAA further states that “[a] public secondary school has a limited open forum

whenever such school grants an offering to or opportunity for one or more noncurriculum related

student groups to meet on school premises during noninstructional time.” 20 U.S.C. §4071(b).


Page 9 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

Plaintiff’s club to be denied.

66. The denial of Plaintiff’s 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.



COUNT III:

Defendants’ Policies Also Violate the Equal Access Act on Their Face






70. The EAA permits disparate treatment as between curriculum related clubs and

noncurriculum related clubs, but not different treatment between any two noncurriculum related

clubs.

71. 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.

72. Defendants’ District policy, CCSD Reg. 5132 §II.A, requiring that Sanctioned

clubs have “wide community approval” serves as a content-based, discriminatory requirement

and consequently violates the EAA on its face.

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 10 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

treatment to different levels of noncurriculum related clubs based on CCSD’s preference for the

content of a given club’s speech and violates the EAA on its face.

74. 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

student-initiated clubs, as well as a potential Establishment Clause violation by having an

officially school-sponsored Bible Club.

76. Regulation 5231.4 therefore cannot be reconciled with the text of Regulation 5132,

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



COUNT IV:

Defendants’ Actions Violate Plaintiff’s Rights of Freedom of Speech and of Association

Guaranteed Under the First Amendment of the United States Constitution



79. Regardless of the constitutionality of the Defendants’ policies, the Defendants’

actual denial of Plaintiff’s request to form and operate a pro-life group on equal footing with the

other noncurriculum related clubs already in existence in the school violated Plaintiff’s rights of

freedom of speech and of association under the First Amendment.

80. Defendants have no compelling reason that would justify the burden imposed upon

Plaintiff’s right to freedom of speech and of association.



/ / /


Page 11 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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



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.

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).

85. Defendants’ District policy, CCSD Reg. 5132 §II.A, requiring that Sanctioned

clubs have “wide community approval” serves as a content-based, discriminatory requirement

and consequently violates Plaintiff’s First Amendment rights of freedom of speech and to

association on its face.

86. The District appears to attempt to bring Regulation 5132 into compliance with the

First Amendment by stating that Regulation 5132.4 controls in the event of a conflict between the

two.

87. 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 First Amendment by having the school officially sponsor noncurriculum

related student-initiated clubs, as well as a potential Establishment Clause violation by having an

officially school-sponsored Bible Club.

88. Regulation 5231.4 therefore cannot be reconciled with the text of Regulation 5132,

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

89. Defendants have no compelling reason that would justify the burden imposed upon

the rights of freedom of speech and of association.

/ / /


Page 12 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28



PRAYER FOR RELIEF

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

viewpoint of her speech which is guaranteed to Plaintiff under the Equal Access Act.

93. That this Court declare the Defendants’ policies concerning clubs violate the

federal Equal Access Act both on as applied and on their face because they violate the rights of

Plaintiff and others not before the court to the freedoms of equal access to the limited open forum

of secondary school clubs on the basis of the content and viewpoint of their speech, which are

guaranteed to Plaintiff and others under the Equal Access Act;

94. That this Court declare the Defendants’ actions against Plaintiff in denying her

pro-life club violate the rights of Plaintiff to freedom of speech and association, which are

guaranteed to Plaintiff under the First Amendment of the United States Constitution.

95. That this Court declare the Defendants’ policies concerning clubs unconstitutional

on their face because they violate the rights of Plaintiff and others not before the court the rights

to freedom of speech and association, which are guaranteed to Plaintiff and others under the First

Amendment of the United States Constitution;

96. That this Court enter a preliminary injunction, later to be made permanent,

requiring Defendants to approve Plaintiff’s proposed WCTA Pro-Life Club.

97. That this Court enter a preliminary injunction, later to be made permanent,

enjoining Defendants from enforcing Defendants’ policies concerning clubs;

98. That this Court award Plaintiff nominal damages;

/ / /


Page 13 of 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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


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




EXHIBIT 1

Case 2:15-cv-01549 Document 1-1 Filed 08/13/15 Page 1 of 4




EXHIBIT 2


7/20/2015 Clark County School District Mail ProLife Club Denial

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

Angelique Clark <[email protected]>

ProLife Club Denial1 message

Angelique Clark <[email protected]> Wed, Feb 18, 2015 at 4:33 PMTo: Amy DockterRozar <[email protected]>

February 18, 2015

Dear Ms. DockterRozar,

I am writing to you today on behalf of myself and the ProLife club I am creating on the West Tech campus. I sent in my club proposal forms a few months ago, and never heard any direct response back from the administration or my advisor. I heard about the status of my club approval from a fellow classmate, which led me to ask Ms. Roden (my advisor) about it, and she then informed me that she was told by the administration that my club was a “nogo”. When I asked the reasoning behind this decision, I was told that my club’s topic was too “controversial”.

By denying the establishment of a specific club into a public school, based on personal belief or judgment, is infringing on my first amendment right of freedom of speech. I attempted to understand how having a club about abortion awareness was more “controversial” than a club about the alliances of homosexuals, but returned with no answer. We have two clubs on campus that feature a support of the LGBT community, and many clubs that promote specific religions; which I have absolutely no problem with; in fact, I think it’s great. Those kind of clubs, compared to chess or anime, are actually drawing awareness to important issues, beliefs, and ideas. Aren’t those the kind of groups that we need more of in this world? The ones that make a difference?

I am not asking the administration to agree with me on the topic of abortion. I am not asking anyone to do that. I am asking you to give the students of West Career and Technical Academy their right to the opportunity to learn and discuss such a defining topic, such as abortion, in our society as Americans. This may be something that appears too controversial for some, but to many, it is the chance of a lifetime. Maybe even their first chance.

I understand how busy the administration is, and I don’t want to create a huge problem with this situation. However, that doesn’t make it any less important to me, as I have been waiting months for any form of response. Considering I was not given any notice to the denial of my club by administration, I would like to kindly ask if I may receive a reply, in the nearest future, to this letter concerning my club.

Thank you for your time. I appreciate your efforts for the success of this school; and I hope you will understand that that is my ultimate goal as well.

Sincerely,Angelique [email protected] Grade ID: 528684


mailto:[email protected]

7/20/2015 Clark County School District Mail ProLife Club Denial

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

Cc: Mr. Yee


EXHIBIT 3


7/20/2015 Clark County School District Mail Club Approvals

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


Club Approvals2 messages

Angelique Clark <[email protected]> Thu, Mar 12, 2015 at 6:59 PMTo: Yamilza Rivera Negron <[email protected]>

Hello Ms. Rivera Negron,

I was informed vaguely through another administrator that a group of student council members were thedecisionmakers for club approval. I just had some questions regarding the process of approving clubs; whoexactly makes the final vote? What are the guidelines/rubric for club acceptance? Are there any specific typesof clubs that are not approved? Can a club be denied under the reasons of "too controversial", or "too exclusivename"?

I really appreciate your time and consideration of this email.

Thank you very much!

Sincerely,Angelique Clark

Angelique Clark <[email protected]> Fri, Mar 20, 2015 at 9:14 AMTo: Yamilza Rivera Negron <[email protected]>

Hello Ms. Rivera Negron,

I was informed vaguely through another administrator that a group of student council members were thedecisionmakers for club approval. I just had some questions regarding the process of approving clubs; whoexactly makes the final vote? What are the guidelines/rubric for club acceptance? Are there any specific typesof clubs that are not approved? Can a club be denied under the reasons of "too controversial", or "too exclusivename"?




On Thu, Mar 12, 2015 at 6:59 PM, Angelique Clark <[email protected]> wrote:Hello Ms. Rivera Negron,

I was informed vaguely through another administrator that a group of student council members were thedecisionmakers for club approval. I just had some questions regarding the process of approving clubs; whoexactly makes the final vote? What are the guidelines/rubric for club acceptance? Are there any specific typesof clubs that are not approved? Can a club be denied under the reasons of "too controversial", or "tooexclusive name"?






7/20/2015 Clark County School District Mail Club Approvals

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 Clark County School District Mail A FollowUp Meeting on the WCTA ProLife Club

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


A FollowUp Meeting on the WCTA ProLife Club7 messages

Angelique Clark <[email protected]> Sun, Mar 22, 2015 at 12:36 PMTo: Allen Yee <[email protected]>

Dear Mr. Yee,

I would like to have another meeting with you, at your earliest convenience, on behalf of the future WCTA ProLife Club. I promise to keep this one as brief as possible.

Thank you!Sincerely,Angelique Clark

Allen G. Yee <[email protected]> Thu, Apr 9, 2015 at 12:33 PMTo: [email protected]: "Amy C. DockterRozar" <[email protected]>

[Quoted text hidden]

Angelique,

We'd be happy to meet with you regarding the proposed ProLife Club. Areyou able to meet on April 16th at 1:30pm with Ms. Rozar and myself? Thanksand please let me know if you need anything.

Allen YeeAssistant PrincipalWest Career and Technical Academy7027994340 ext. 4203WAN: 04474203

Angelique Clark <[email protected]> Thu, Apr 9, 2015 at 7:54 PMTo: "Allen G. Yee" <[email protected]>

Mr. Yee,

I am in Theatre Tech for the Urinetown Musical after school at 1:45, but I think I can arrange to be excused fromthe beginning. Thank you for scheduling this with me.

Angelique [Quoted text hidden]

Allen G. Yee <[email protected]> Fri, Apr 10, 2015 at 12:07 PMTo: [email protected]

Angelique Clark <[email protected]> writes:



tel:702-799-4340%20ext.%204203



Mr. Yee,

I am in Theatre Tech for the Urinetown Musical after school at 1:45, but I think I can arrange to beexcused from the beginning. Thank you for scheduling this with me.

Angelique

Great, thanks for moving some things around. See you then.


Angelique Clark <[email protected]> Fri, Apr 10, 2015 at 3:32 PMTo: "Allen G. Yee" <[email protected]>

Mr. Yee,

I was wondering if I could get a copy of my original club application form on Monday?

Thanks,Angelique [Quoted text hidden]

Allen G. Yee <[email protected]> Sat, Apr 11, 2015 at 12:45 PMTo: [email protected]

Angelique Clark <[email protected]> writes:I was wondering if I could get a copy of my original club application form on Monday?

Angelique,

I think Mrs. Rozar was the last person to have the form and I think she mayhave sent it to the district. It may be lost in the shuffle, but if not I will makesure you get the copy. Thanks.


Angelique Clark <[email protected]> Sat, Apr 11, 2015 at 1:37 PMTo: "Allen G. Yee" <[email protected]>


tel:702-799-4340%20ext.%204203


tel:702-799-4340%20ext.%204203



Thank you.

Angelique[Quoted text hidden]


EXHIBIT 5




EXHIBIT 6


7/20/2015 Clark County School District Mail Letter Verification

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


Letter Verification3 messages

Angelique Clark <[email protected]> Fri, May 1, 2015 at 6:07 PMTo: "Allen G. Yee" <[email protected]>

Hello Mr. Yee,

I just wanted to verify that the letter from Thomas More Society was sent to the Clark County Superintendent. Ifnot, I'd like to know exactly who the letter was sent to.

Thank you and have a good weekend!Angelique

Allen G. Yee <[email protected]> Mon, May 4, 2015 at 11:57 AMTo: [email protected]: "Amy C. DockterRozar" <[email protected]>

[Quoted text hidden]

Angelique,

The letter you provided me was sent to the CCSD Communications Office andLegal Department by Mrs. Rozar. Both of these departments directlycommunicate with the superintendent's office. If you have any additionalquestions, please let me know.


Angelique Clark <[email protected]> Mon, May 4, 2015 at 7:32 PMTo: "Allen G. Yee" <[email protected]>

Thank you.[Quoted text hidden]


tel:702-799-4340%20ext.%204203

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. 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.

II. 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. 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.

III. 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.

IV. In the event of any conflict between the provisions of this regulation and

Regulation 5132.4, Regulation 5132.4 will control. Review Responsibility: Instructional Division Adopted: [5131.1:7/12/63] Revised: (8/13/81; 9/13/94) Pol Gov Rev: 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 6-12, 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. 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. II. 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. III. 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 well- being of students and staff, and to assure that the attendance of students at any meetings held under this regulation is voluntary.

Legal Reference: Equal Access Act, 20 USC ss4071-4074 Review Responsibility: Instructional Division Adopted: [5132.4:5/14/91] Revised: (5/11/93; 7/12/94) Pol Gov Rev: 6/28/01


Documents

1 LAW OFFICES OF MARK R. SMITH, P.C. Mark R. …...WCTA, Angelique attempted to schedule another meeting with Mr. Yee at the end of March. Exh. 4, Email chain from Angelique Clark