WHISTLEBLOWER PARENT DISCLOSES DRUG AND ALCOHOL PROBLEMS ON MALIBU HIGH SCHOOL’S BASEBALL TEAM

MALIBU HIGH SCHOOL BASEBALL COACH ARI JACOBS

TO RESIGN AT END OF SEASON AND SERVES ONE-GAME SUSPENSION

Whistleblower Parent’s Comments dated May 5, 2015 from: ji980588

  1. “according to multiple parents with sons in the malibu high baseball program during the last two years, here are details about the program’s three other recent drug and alcohol incidents: (i) in april 2013, at the SD lions tournament, approx 20 players gathered in a hotel room, drank alcohol and smoked marijuana. well after midnight, the players left the hotel and wandered the streets, looking for food. when the coaches found out, they told players not to discuss the incident with anyone, including parents. there was no official statement or notification to parents about this incident or any punishment for jacobs or any players. (ii) in january 2014, jacobs hired a man named michael bleu garner to be an assistant coach at malibu. after garner spent several weeks with the players, a parent googled his name and discovered that garner had been arrested for possession and sale of marijuana and owned a mobile marijuana dispensary. jacobs claimed he had no idea about garner’s past. later it was discovered that garner lived just a few blocks from jacobs’s home in van nuys, almost an hour from malibu. there was no official statement or notification to parents about this incident or any punishment for jacobs or any players. (iii) in april 2014, jacobs took the malibu high baseball team to a game at dodger stadium. during the game, three malibu players stole and drank alcohol. the LAPD arrived and arresting one of the players. afterward, one player who drank some of the stolen alcohol was kicked off the team by jacobs (via text messsage) and the other two players were suspended. once again, there was no official statement or notification to parents about this incident or any punishment for jacobs. people need understand what type of program jacobs was running at malibu high”
  1. “also, did you know that it is well known among malibu high students that a player on the malibu high baseball team brought marijuana cookies on the team’s trip to SD, and gave those cookies to teammates. when they got back to school after spring break, some of those baseball players bragged to other students that they knowingly consumed these pot cookies and got high. these facts about the drugs on the trip are well known by the administration, but there has been no disclosure to parents and this incident appears to have been swept under the rug. so during the team’s four days in SD, the coaches were drinking alcohol and driving students, and the players were doing drugs. if you have talked to any malibu high baseball parents from the last two years or know any history about the malibu high baseball program, you would know that the drugs and alcohol in san diego a month ago are just two of FIVE serious team incidents involving drugs and alcohol for the malibu high baseball program over the last 24 months. that is a FACT. THIS is the type of program and culture that jacobs has created over the last six years”
  1. “knowing now about the malibu high baseball program’s sordid drug and alcohol history under jacobs, do you REALLY think that jacobs resigned last week because he had “a beer” in san diego, or perhaps because the malibu high baseball program’s latest drug and alcohol incidents in san diego this year were “the straw that broke the camel’s back?” knowing now the history of the program under jacobs, is this the type of program and head coach to whom you would entrust your son? ………”
  1. “…. Here are the FACTS: (a) ari jacobs claim that he had “one beer” in SD and that it was a one time error in judgment is a red herring & has been proven by multiple eyewitnesses to be completely false. (b) jacobs drank alcohol all three nights he was on the job, chaperoning 20+ students on this school trip. drinking alcohol on the job is a serious violation of district policy. this drinking happened on all three nights of the trip. it was not a “one time error in judgment” or a “mistake.” (c) jacobs had multiple drinks in SD, not “one beer.” (d) jacobs confessed to the principal that he & his assistant coach drank alcohol. (e) the coaches’ drinking was witnessed by multiple parents. (f) players confirmed to the principal that they saw their coaches drinking alcohol. (g) on TWO consecutive nights, after he consumed alcohol, jacobs drove players to dinner in a school van. driving students after drinking alcohol is another serious violation of district policy. this drinking & driving happened on TWO consecutive nights, so this was not a “one time error in judgment” or a “mistake.” (h) a coach on the job can’t drink alcohol & drive students, ESPECIALLY not two nights in a row. it’s a district rule. it’s black and white. it’s irrelevant how much alcohol he drank or how much time passed between drinking & driving. how can any parent say this is okay & sweep it under the rug? this is how drunk driving tragedies happen.”
  2. Additional Parent’s comments dated May 6, 2015 from: 1sparky1 “Drinking at a school function, then driving kids is not a ‘mistake’. It’s a choice. We were there a couple of years ago when Ari, Phil, and the players were chewing tobacco in and around the dugout while the district was paying hundreds of thousands of dollars to find out what was causing the run of cancer amongst teachers at the school. Several of the JV players said the floor of the dugout was slick and disgusting. Another choice, not a mistake. As to Ari and Phil drinking, it seems ironic that a kid was banned from the team for taking a sip of alcohol at Dodger Stadium, a non-sanctioned event, while Ari and Phil got a one-game suspension for drinking on a team road trip, then getting behind the wheel to drive the players. That boy was kicked off the team because Ari didn’t like him. Ari had a ‘code of silence’, and boys were told not to discuss team issues with their parents. Over the years, we saw kids get benched for that, as well as for daring to play another sport or participate in non-baseball school activities that conflicted with Ari’s vision. This isn’t a man with a solid moral code, or a mentor of young men. He degraded and belittled players. I personally heard him berate them as “***.” ‘Infractions’ were dealt with in the most random manner, and ‘teaching opportunities’ were squandered. There was no logic to his managerial decisions…they were not made according to ability or attitude. It was a bizarre reward and punishment system. Remember, the ‘company line’ is that he’s not resigning for comportment issues, it’s because he’s pursuing his masters, so good-bye and good luck. As a parent of a former player/student, you freshmen parents have yet to experience the devastation he can wreak on an impressionable young man.”
  3. Additional Parent’s comments dated May 30, 2015 from: maryann641 ……. As a mother who no longer has a student-athlete in the MHS baseball program, let me tell you what happens when they graduate. The threat of being benched or ostracized by Ari and Phil are long gone. My son told me that while in San Diego, at the Lions Tournament, most of the players drank alcohol and smoked pot all three nights. That was the year they won the entire tournament by the way. When I asked my son if Ari and Phil knew, he said yes. The ‘code of silence’ was mentioned in an earlier post. All players knew if they said anything to their parents or any type of authority, they would no longer play baseball even if they didn’t partake in the illegal activities. I heard the following year pot and alcohol were also present at the Lions Tournament. Shortly after the tournament, one player was caught at school smoking pot and was suspended. I spoke to the parents of the player and according to them, under duress; the player told the Principal what happened at the Lions Tournament. Of course all players knew better than to confess: remember the code of silence. Once the player returned from his suspension, he was shunned by his teammates and ostracized by the coaches. Yet again, this last Lions Tournament, athletes were reported having illegal substances with no repercussions. It sounds like the ‘code of silence’ worked again……….”

Sources: Go To:

http://www.malibusurfsidenews.com/school/mhs-baseball-coaches-suspended-one-game

http://www.latimes.com/sports/highschool/varsity-times/la-sp-vi-baseball-malibu-coach-ari-jacobs-to-resign-at-end-of-season-20150503-story.html

http://www.latimes.com/sports/highschool/varsity-times/la-sp-vi-baseball-malibu-coach-serves-onegame-suspension-20150424-story.html

http://www.latimes.com/sports/highschool/varsity-times/la-sp-vi-baseball-malibu-coach-serves-onegame-suspension-20150424-story.html#panel=comments

http://www.latimes.com/sports/highschool/varsity-times/la-sp-vi-baseball-malibu-coach-ari-jacobs-to-resign-at-end-of-season-20150503-story.html#panel=comments

Crespi’s athletic director said a baseball coach has been fired in connection with an off-the-field incident http://www.latimes.com/sports/highschool/varsity-times/la-sp-vi-baseball-crespi-removes-coach-after-tournament-incident-20150407-story.html

Local medical marijuana busts, federal crackdown attempts to put industry out of business

http://www.vcreporter.com/cms/story/detail/?id=9410

http://webcache.googleusercontent.com/search?q=cache:DGhjpqjemaUJ:www.vcreporter.com/cms/story/detail/%3Fid%3D9410+&cd=1&hl=en&ct=clnk&gl=us

By Shane Cohn 12/15/2011

Mobile dispensaries

On Oct. 6, 2011….. “Bleu Garner, 33, was arrested for sales of marijuana, possession of marijuana and conspiracy. The Ventura County Sheriff’s Department press release said that Garner was “responsible for coordinating the sales of marijuana in Ventura County using a mobile delivery method.”

See also:

https://www.vcreporter.com/2011/12/15/a-pipe-dream/

“The Ventura County Sheriff’s Department press release said that Garner was “responsible for coordinating the sales of marijuana in Ventura County using a mobile delivery method.” Garner’s arrest, along with the arrests of Edward ‘Ned’ Welsh, 52, and Michael Dallape, 20, wrapped up a three-month investigation by county narcotics detectives”

Sadly, there is so much dysfunction at the Santa Monica Malibu Unified School District:

1. SEVERE BULLYING AT MALIBU HIGH SCHOOL & THE SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT’s RATIFICATION OF THE CONDUCT

Los Angeles Superior Court Complaint

Student vs. Santa Monica Malibu Unified School District;

Sebastian Dane Sartorius; Jordan Clarke et al.

About one in every four children in the United States is bullied regularly. It’s stunning to think that a quarter of our young people are having their lives ruined by the negative actions of others. And when you consider the levels of stress, depression and suicides in youngsters that can be tied in with this worrying epidemic, it brings the issue of bullying even sharper into focus. The situation needs addressing. And fast.

https://www.facebook.com/bullymovie/photos/a.137885059591313.24798.107214895991663/987550114624799/?type=3&theater

Parents of bullies can be sued

The financial and emotional consequences are potentially devastating

See Article here:

http://www.metrokids.com/MetroKids/November-2012/Bullies-parents-can-be-sued/

See Santa Monica Dispatch Article Entitled:

“Victim Becomes Villain in Malibu Controversy”

http://www.santamonicadispatch.com/2014/02/victim-becomes-villain-in-malibu-controversy/

A couple of incidents in the bleachers that overlook the swimming pool at Malibu High School two years ago are still reverberating through the school and the community and, ironically, the young victim has become the villain of the piece.

In November and December, 2012, on several occasions, during water polo team practice, a Varsity team player, Sebastian Sartorius committed what have been officially described as “multiple counts of battery” on a younger, smaller Junior Varsity team member who was sitting in the bleachers. On learning of the incident, High School principal Jerry Block removed Sartorius from the team.

Following the incidents, the younger boy left the team and discontinued his 9th grade PE class. He also told officials about two previous instances in which Sartorius had allegedly roughed him up.

Not only did members of both the Junior Varsity and Varsity water polo teams continue to harass the young boy, some parents and students spread stories that the so-called victim had exaggerated, describing what was obviously innocent water polo horseplay as serious assaults. At the same time, an online campaign expressed outrage at Sartorius’ being charged with battery and suspended, and some parents threatened to retaliate by withholding contributions they’d agreed to make to the school.

For more details, go to:

https://lawofficesofbarryfagan.wordpress.com/2014/08/24/severe-bullying-at-malibu-high-school-the-smmusds-ratification-of-the-conduct/

IMAG0391

Student vs. Sebastian Dane Sartorius; Jordan Clarke; Douglas & Marcia Clarke; Brooke & Tina Sartorius et al

LOS ANGELES SUPERIOR COURT COMPLAINT

BC514896

DefendantsDouglas & Marcia Clarkes Motion for Summary Judgment is Denied:

See Court Order here:

ec99627b-c34b-44fd-93ac-146db262a615-1

SPECIAL INTERROGATORY NO. 13:

LIST THE FULL NAME AND JOB TITLE OF THOSE INDIVIDUALS AT SMMUSD (AND/OR MALIBU HIGH SCHOOL) RESPONSIBLE AMENDING/REVERSING CANCELING AND OR OTHERWISE MODIFYING THE DISCIPLINARY SUSPENSION OF DEFENDANT SEBASTIAN SARTORIUS ISSUED IN OR AROUND NOVEMBER 2012.

RESPONSE TO SPECIAL INTERROGATORY NO. 13:

SANDRA LYON, SUPERINTENDENT OF THE SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT.

SIGNED UNDER PENALTY OF PERJURY AT SANTA MONICA, CA ON 12/20/2013.

2. STUDENT vs. WENDY WAX GELLIS & THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

This lawsuit alleges that the SMMUSD and Wendy Wax Gellis are criminally liable for violations of California Penal Code § 11166 and 11172(a) et seq. for filing a knowingly false child abuse report with child services and the police.

Santa Monica Dispatch Article Concerning Santa Monica-Malibu Unified School District’s Retaliatory Acts Against Students and Parents by Filing False Claims of Child Abuse with the Department of Children & Family Services.

See link to News Article here: http://www.santamonicadispatch.com/2009/01/smmusd-vs-student/

The lawsuit alleges that an example of retaliatory action by the SMMUSD and Wendy Wax Gellis taken against this family includes knowingly and maliciously filing a false child rape and domestic violence allegation with the local law enforcement and with the Los Angeles County Department of Children and Family Services (DCFS) in retaliation for parent’s exercise of their federally protected right to bring claims against the SMMUSD before the United States Department of Education’s Office for Civil Rights (OCR).

The family alleges that on December 18, 2013, SMMUSD employee named Wendy Wax Gellis made a knowingly false referral to the Los Angeles Department of Children and Family Services (DCFS), and to local law enforcement that parent raped her own son. The allegations were determined by all investigating agencies to be unfounded.

Click on Link to YouTube Video of:

N.B.F. vs. Santa Monica Malibu Unified School District & Wendy Wax Gellis:

https://m.youtube.com/watch?v=Zhpbam0Wdsg

 

Click on link to Ninth Circuit Court of Appeals Oral Argument dated March 9, 2017:

http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000011168

For details of this pending Federal lawsuit go to:

https://lawofficesofbarryfagan.wordpress.com/2014/08/25/santa-monica-dispatch-article-concerning-smmusds-retaliatory-acts-against-students-and-parents-by-filing-false-claims-of-child-abuse-with-the-department-of-children-family-services/

3. STUDENT vs. MARK KELLY; BRANDON GALLAGHER; TARA BROWN; DINA MENDOZA; AL TRUNDLE & THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

Re: Disability Discrimination

The 9th Circuit recently stated in A.G. v. Paradise Valley Unified School District:
“To determine whether a defendant’s conduct was outrageous and a plaintiff’s emotional distress severe, courts have traditionally considered “defendant’s knowledge that the plaintiff is peculiarly susceptible to emotional distress by reason of some physical or mental condition.” Lucchesi v. Frederic N. Stimmell, M.D., Ltd., 716 P.2d 1013, 1016 (Ariz. 1986) (in banc).
This focus on the plaintiff’s susceptibility to emotional distress is also referred to as the “eggshell plaintiff” rule. See Yanes v. Maricopa County, No. CV-11-0274, 2012 WL5989327, at *5 n.9 (Ariz. Ct. App. Nov. 8, 2012)

Plaintiffs allege that Defendants’ conduct in baiting student was so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency,” Mintz, 905 P.2d at 563. Defendants’ knowledge that the plaintiff is peculiarly susceptible to emotional distress by reason of some physical or mental condition rises to both extreme and outrageous conduct.”  (“eggshell plaintiff” principle)

Some students may have vulnerabilities which necessitate a greater degree of caution on the part of school districts and their employees. In M.W. v. Panama Buena Vista Union School Dist., supra,

Abuse of Power

The extreme and outrageous conduct may take place in the course of a relationship in which the defendant holds authority or other power over the plaintiff or the plaintiff’s interests. If the authority — such as police officers, school authorities, landlords, and collecting creditor — abuse their positions in some extreme manner, they may be liable to the plaintiff for IIED.
PRA requests for employee disciplinary records, investigative reports and/or complaints against public employees
Generally, complaints and/or charges of misconduct against a public employee can/must be disclosed if “the complaint is of a substantial nature and there is reasonable cause to believe the complaint or charge of misconduct is well-founded.” (See Bakersfield City School Dist. v. Superior Court (2004) 118 Cal. App. 4th 1041, 1044; see also BRV, Inc. v. Superior Court (2006) 143 Cal. App. 4th 742.)
See pdf attachment explaining School District’s Public Records Act obligations:

4. PROFESSOR MICHAEL CHWE vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

Verified Petition for Writ of Mandate Directed to Santa Monica Malibu Unified School District Ordering Compliance with the California Public Records Act

http://www.jdsupra.com/legalnews/verified-petition-for-writ-of-mandate-di-72936/

See pdf attachment of Professor Michael Chwe’s Public Records Act lawsuit against the Santa Monica Malibu Unified School District:

MICHAEL CHWE vs. SMMUSD RE WRIT OF MANDATE COMPLAINT

dwt20110223

Even the SMMUSD believed that they were obligated to release the Investigation Report

See pdf attachment of the SMMUSD Appellate Brief:

SMMUSD BRIEF IN SUPPORT OF RELEASING INVESTIGATION REPORT BASED ON WELL FOUNDED COMPLAINT

The Santa Monica Malibu Unified School District Was Ordered to Release their Investigation Report Concerning the Sexual Harrasment of its Students by their Teachers

http://www.jdsupra.com/legalnews/the-santa-monica-malibu-unified-school-d-42102

See pdf attachment to the Court of Appeals of the State of California, Second Appellate District’s landmark ruling in Professor Chwe’s lawsuit against the Santa Monica Malibu Unified School District:

MICHAEL CHWE vs SMMUSD RE APPEALS COURT PUBLISHED OPINION

B231787-1

The Court of Appeal of the State of California, Second Appellate District, ruled  that “Marken occupies a position of trust and responsibility as a classroom teacher, and the public has a legitimate interest in knowing whether and how the District enforces its sexual harassment policy. . . . the public’s interest in disclosure of this information—the public’s right to know—outweighs Marken’s privacy interest in shielding the information from disclosure.”

In Baez v. Superior Court, 2008 WL 5394067 (Cal. Ct. App.) the defense representing the Burbank Unified School District asserted attorney-client privilege and the work-product doctrine as grounds for refusing to turn over the file from a investigation report.
The Second District Court of Appeal ordered production of the Sandhu investigative file, holding that disclosure was essential for fair adjudication of the action. (Baez v. Superior Court, 2008 WL 5394067 (Cal. Ct. App.).)
Case Number B208294Description:Petition granted by opinion
Baez wins over $3.2 million in attorneys fees, and $2 million in punitive damages against the Burbank Unified School District:
See pdf copy of the Appellate Court’s January 2016 Opinion:

5. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT IRRESPONSIBILITY ENDANGERS OUR CHILDREN

The Santa Monica Malibu Unified School District demonstrates a consistent pattern of evading responsibility for child safety. The SMMUSD has refused to answer questions about teachers who have sexually abused and sexually harassed children, failed to inform parents when their children have been victims of potentially criminal harassment, destroyed evidence concerning harassment of children, asked parents to destroy emails and not talk to each other about teacher sexual harassment of children, removed evidence of child abuse from its own records, impugned the testimony of its own employees who report child abuse, ordered teacher’s aides to not talk to parents, tried to intimidate students and parents, tried to mislead parents about their legal rights, publicly misrepresented its own legal obligations, and violated California state law.

https://lawofficesofbarryfagan.wordpress.com/2014/08/24/smmusd-irresponsibility-endangers-our-children

See link: http://chwe.net/safety/failures.html

The Santa Monica-Malibu Unified School District’s Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers from this continuing harm.

For details, go to:

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