Apr. Earl was, however, reappointed. As a result, the District's emphasis on student learning and achievement is matched by its commitment to providing students with opportunities to grow and succeed. Bd. Jiminy Peak Mountain Resort, LLC. H. Rose Schneider is a reporter with the rapid response team at the Times Union in Albany, N.Y. It has a student teacher ratio of 13.9 to 1. We examine the content of the speech first, followed by an analysis of its form and context. Nov 2016 - Mar 20203 years 5 months. Anya Tucker - WTEN is digging into this story today, we'll keep you posted on any updates. He states that Earl was allowed to run by a different set of rules from other faculty members and coaches. Cioffi also chronicles his many complaints about the football program over the years, indicating that his alarms were raised to no avail. Averill Park has a 13.9 student teacher ratio Free and Reduced Lunch Percentage Free and Reduced Lunch Percentage in Nearby Cities 0% 50% Averill Park East Greenbush Troy Rensselaer Cherry Plain Watervliet Free and Reduced Lunch Percentage in Averill Park Compared Statewide Averill Park Averill Park Stay up-to-date with how the law affects your life. Bd. Johnson and McGreevy were angry when they received the letters. Dist. See Pickering v. Bd. But Cioffi, as a tenured teacher, exercised his retreat rights, requiring the School District to continue employing him as a teacher at a salary which was lower than his previous salary, but considerably higher than the teacher he replaced. The National Read Across America Day takes place every year on March 2, Geisels birthday. In total, 20 stories have been published about Averill Park which Ground News has aggregated in the past 3 months. AVERILL PARK, N.Y. (NEWS10) The Averill Park Central School District has released a tentative plan for reopening school in the fall. We want to do what is right for our kids, and yours, because we consider them ours, too. See N.Y. Also, there is no circumstantial evidence such as temporal proximity from which an inference of retaliation could be made. A month later, on February 26, 2002, the Board met in public session to vote on the budget for the upcoming school year. 2. A matter of public concern is generally any matter of political, social or other concern to the community. Morris, 196 F.3d at 110 (quoting Connick, 461 U.S. at 146, 103 S.Ct. "They're Black. See Salge, 411 F.3d at 188 (noting community's interest in subject matter of plaintiff's speech and fact that speech was made against backdrop of existing community debate). In early October 2001 defendant McGreevy, the president of the Board of Education, received a letter from Lauren Ashdown, a parent of a high school football player. Because defendants do not contend Cioffi's speech disrupted or had the potential to disrupt the workplace, we need not balance Cioffi's First Amendment rights against the defendants' interests in maintaining an efficient workplace. These factual disputes preclude granting summary judgment for defendants on the basis of this defense. When defendants moved for summary judgment dismissing his complaint, the United States District Court for the Northern District of New York (Hurd, J.) Thus, even viewing the evidence favorable to the plaintiff, the general complaints and the two specific incidents, the November 2001 letter and the January 2002 press conference, involved personal employer/employee matters between plaintiff and defendants, rather than matters of public concern. Dist., 411 F.3d 178 (5th Cir.2005) (holding speech about reasons for school principal's resignation a matter of public concern). The adverse employment action did not predate the press conference. The letter was an attempt by plaintiff to avoid personal responsibility for the hazing incident. We, like the district judge, are not to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. of Educ., 336 F.3d 185, 192 (2d Cir.2003). According to a Nov. 7 River Grove police report, an Elmwood Park High School student told school officials she had been having "ongoing sexual conversations" with a teacher's aide. at 555 (passage of up to five months short enough for causal connection); Richardson v. New York State Dep't of Corr. Fed.R.Civ.P. The budget created a new position, athletic director/assistant principal. Cioffi v. Averill Park Central School Dist. Sunday -6 | 3C. Cioffi brought this 1983 action claiming defendants abolished his position in retaliation for the November 7, 2001 letter and his comments at his press conference. Im not alone. B. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Rather in this case, the fact of actual public interest further convinces us that Cioffi's communications touch upon matters of public concern. The relationship between Cioffi and Earl was acrimonious from the beginning. The content of the letter and press conference that we have pointed to here establish the very public nature of Cioffi's speech. It was just raw, my heart, what I was feeling at that moment, said Deo. A High School Climate Committee was formed to help diffuse the situation. Think. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Melzer v. Bd. Earlier this week, teachers were tasked with. 7 more rock acts we may not see in concert again, Stephen Pearcy of Ratt makes tour stop in Cohoes, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. 1878, 128 L.Ed.2d 686 (1994).3. But personal interests frequently induce speech that is nonetheless of public concern. We buy girl scout cookies and boy scout wreaths. We affirm the district court's judgment insofar as it granted summary judgment in favor of the individual defendants, Johnson and McGreevy, and dismissed plaintiff's complaint against them; we vacate the grant of summary judgment in favor of the School District, Board and other municipal defendants, and remand to the district court for further proceedings consistent with this opinion. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The child was not a student where he teaches, State Police said. 1684. Affirmed in part, vacated in part, and remanded. It has 2,655 students in grades K-12 with a student-teacher ratio of 14 to 1. The form and context of the letter and press conference also favor Cioffi. Even if the plaintiff establishes these three elements, his claim remains subject to several defenses. At the same time, theyre trying to accept the fact that no matter what happens, virtually or in-person, things will not be the same. The student, a 14-year-old freshman, told Cioffi that he had been tea-bagged by other football players. along with Vinny Imperati. Before you rattle off your ideas about what will work in the fall. We want whats best for your kids and OUR kids, too. See Fed. Yet the first bringer of unwelcome newsHath but a losing office, William Shakespeare, The Second Part of King Henry the Fourth, act I, sc. Rather, we applied Connick's content, form and context test, holding that [v]iewed objectively and as a whole, [the public employee's] statements did not address matters of public concern. Id. He was arraigned in Nassau Town Court and released. According to online records, Bertram is a science teacher. . Averill Park teacher fired, under state police, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Averill Park teacher fired, under state police investigation, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Supreme Court seems ready to reject student loan forgiveness, Winter storm totals underachieve but looming Friday snow storm could be a long-lived event, March 1 deadline to upgrade to the enhanced STAR property tax exemption, Snow emergency declared in Saratoga Springs, HIGH SCHOOL BASKETBALL: Shen falls in Class AA semifinals to Bethlehem, 58-40, Saratoga Springs Police Department blotter, Brookside Museum seeking vendors for annual craft fair, SNAPSHOT: New ownership at Wild Birds Unlimited, How long can the show go on? Before you spew your negative personal experience with virtual learning from the spring. at 781. Earl and all the other football coaches were suspended from coaching football for the 2002-2003 school year. In addition, the two individual defendants, Johnson and McGreevy, are entitled to absolute legislative immunity because the position was eliminated as part of the budgetary process, a legislative activity. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. After being notified of his arrest Tuesday, the district placed Bertram on administrative leave pending the outcome of the investigation, the statement said. A teacher there in 2023 has been accused of sending inappropriate messages to a child under 17. 1684. Averill Park had four scorers hit double digit scoring numbers in the win. He called the press conference in a last-ditch effort to save his job. As painful and embarrassing as it may be to defendants, the public has a pointed interest in obtaining information not only about the fact of the hazing, but also the possible administrative failures that allowed it to occur. See Johnson v. Ganim, 342 F.3d 105, 114 (2d Cir.2003); Munafo, 285 F.3d at 211-12 (rejecting contention that plaintiff's speech not of public concern because plaintiff motivated by personal interest); Brennan v. Norton, 350 F.3d 399, 413 (3d Cir.2003) (while speaker's motive is relevant part of context of speech, it is not dispositive when determining whether the speech relates to a matter of public concern); O'Donnell v. Barry, 148 F.3d 1126, 1134 (D.C.Cir.1998) (motivation is a factor in the public concern analysis but does not destroy character of speech as matter of public concern). Accordingly, the district court's grant of summary judgment in favor of these two defendants on the basis of legislative immunity must be affirmed. The details on the investigation were not clear. Plaintiff Louis J. Cioffi (plaintiff or appellant) claims his job as athletic director/director of physical education was abolished by his employer defendant Averill Park Central School District in retaliation for statements he made about a hazing incident involving high school football players. 26 Feb Feb Glassdoor has salaries, wages, tips, bonuses, and hourly pay based upon employee reports and estimates. State Police said they were contacted Monday morning by someone who believed Bertram was having inappropriate contact with a child under 17. Come see the Algonquin Middle School Spring Musical: Frozen, Jr.! How much do Averill Park Central School District employees make? They come for the socialization and the friendship, some kids come to eat, some kids come for safety. As such, the issue is not properly before us, because we deem it waived. of Educ. 146 Gettle Rd. Plaintiff's claims involve personal conflicts between himself and the defendants involving his duties and responsibilities as Athletic Director for the school district. An Averill Park High School teacher is on leave, accused of having inappropriate contact with a child. PublishedJanuary 17, 2023 at 2:52 PM EST, A photo of Peter Bertram from the New York State Police. Address 146 Gettle Road Averill Park , New York , 12018 Phone 518-674-7000 Averill Park High School Details Total Enrollment 999 Start Grade 9 End Grade 12 Full Time Teachers 72 Emergency Shelter Yes Shelter ID 10804977 Map of Averill Park High School in Averill Park, New York We decline, however, defendants' request to assess sanctions against plaintiff in the form of attorney's fees and costs. It has been called Dr. Seuss Day because of this. A plaintiff may establish causation indirectly by showing his speech was closely followed in time by the adverse employment decision. DyeStat Discussions - EP798 - Drew Griffith. See Bernheim v. Litt, 79 F.3d 318, 324 (2d Cir.1996) (A public employee's right to freedom of speech is not absolute.). A causal connection between the protected speech and the adverse employment decision may be established with direct evidence of retaliatory animus or circumstantial evidence such as temporal proximity. Averill Park Central School District officials are asking the public to contact State Police if they have any information on the behavior of a high school math teacher who was fired last week for unspecified reasons. Kids come to school for so much more than learning. Notwithstanding the above, defendants urge us to focus solely on Cioffi's purpose in speaking out. We affirm in part, vacate in part, and remand. The question whether speech addresses a matter of public concern and thereby enjoys protection under the First Amendment is one of law. In our view, Cioffi has done so. The School District, however, failed to inform the parents of the freshman who had been the victim of the assault recited above. Neither Cioffi's notice of appeal nor his opening brief discuss, let alone dispute, the district court's holding that absolute legislative immunity protects the two individual defendants from suit. Off Market Homes Near 24 Forest Path Dr. 139 E 2nd St, Whitefish, MT 59937. She can be contacted at maryan@wnyt.com or 518-207-4880. Although Cioffi lost his athletic director post, as a tenured teacher he exercised retreat rights which allowed him to return to employment as a social studies teacher at a salary lower than he earned as athletic director, but considerably higher than the pay of the teacher he replaced in the social studies department. Fed.R.Civ.P. 568, 50 L.Ed.2d 471 (1977). Compare Averill Park High School to Other Schools (518) 674-7000 146 GETTLE RD On February 26, 2002, it was formally announced that Cioffi's Athletic Director position was abolished in the proposed budget. Monday -3 | 1C. To begin with, defendants' contention that a speaker's primary motivation for speaking is dispositive in determining whether speech is personal or public conflicts directly with the Supreme Court's holding in Connick. There, a public employee distributed a questionnaire to fellow co-workers in order to marshal support for her personal grievance with superiors. We go to sporting events and plays. Averill Park teacher accused of 'indecent' messages with minor, Mom of child victim angered by resolution in case alleging rape, Megna, a fixture in state government, to be budget director again, Police confirm body in Mohawk is Samantha Humphrey, At 100, WWII vet Bill Scharoun sets a USS Slater record, Floor and Decor to take over former Sears space in Colonie Center, Hudson Valley man charged in connection with killing dogs, Memorial service Saturday for Samantha Humphrey, Albany Empire adding Antonio Brown to ownership group. With regard to the conspiracy claim, there can be no conspiracy between the School District and its officers, employees, and Board of Education members because they are considered a single entity. Id. If anyone has information relevant to this situation, please contact the New York State Police at SP Schodack at 518-583-7000 or email crimetip@troopers.ny.gov. jOKO* 1 iHliSUMtfililafill ,lill ^*'^ vO ,, ^ '" ^" A^ 0>' ^^ ''>.'^ ^'^ U. ,v .^^..o ^- .^^' - Jackie Chan Wanted To Leave Hollywood And Never Return After He Filmed Rush Hour. Press 1928). This is being required in many districts right now. Nonetheless, it is also true that a public employer has a distinct interest in regulating the speech of its employees in order to ensure and promote the efficiency of the public services it performs. Rankin v. McPherson, 483 U.S. 378, 384, 107 S.Ct. She told NEWS10, the unknown is keeping her up at night, as well as the possibility of getting sick or infecting someone else. While the Connick Court held that one question on the questionnaire was a matter of public concern, the Court ultimately held in favor of the government after balancing the government's interest against the employee's free speech interest. (Skip Dickstein/ Times Union). Corp., 940 F.2d 775 (2d Cir.1991). B. Id. Indus. Clearly this is an employment matter. Police say 43-year-old Peter Bertram of Nassau was taken into custody Tuesday after police were contacted Monday by a concerned citizen. Defendant Dr. Michael Johnson ("Johnson") was Superintendent of Schools during the relevant times. Later that day, as she was sitting home scrolling through Facebook seeing comment after comment about teachers and controversial discussions surrounding kids going back to school in the fall, she decided to write a post of her own. Media scrutiny and greater public interest in the hazing escalated in December 2001 when the public learned the details of the tea-bagging-specifically when the hazing victim filed a criminal complaint on December 1, 2001. Bertram, who is listed as a science teacher at Averill Park,surrendered himself to State Police in Schodack, the release said. FROZEN JR SPRING MUSICAL TICKETS They complained about Earl's coaching of the football team and accused the football players of using performance-enhancing substances. Kevin Earl ("Earl") was hired by the District in 1994. We review the district court's grant of summary judgment de novo, viewing the facts in the light most favorable to plaintiff and resolving all factual ambiguities in his favor. The district court granted summary judgment in favor of defendants on the grounds that (1) the November 7, 2001 letter and press conference are not protectable speech because they do not address matters of public concern; (2) even if Cioffi's speech constituted protectable speech, there is no causal connection between the speech and the elimination of Cioffi's job; and (3) Superintendent Johnson and President McGreevy were entitled to absolute immunity because the approval of the school budget by the Board was a legislative act. The Averill Park Central School District released this statement: On Tuesday, January 17, 2023, the New York State Police notified the District that a teacher at Averill Park High School was arrested and charged with allegedly endangering the welfare of a child. II. Oral argument was heard on August 27, 2004, in Albany, New York. Plaintiff's due process claim will be dismissed. Plaintiff's First Amendment claim will be dismissed. He states that he has a problem accepting [the] explanation about why perpetrators [of the hazing] have not actively been sought out and that his concern was that others may have been victimized as well. At the press conference, Cioffi addresses again and in detail these same issues of oversight of Earl and the football program and the School District's handling of the hazing investigation. 1684. The Supreme Court's forthcoming decision in Garcetti v. Ceballos, cert. Plaintiff's general complaints about Earl over the years were employment matters between a supervisor and his subordinate. From 1981 to 1999 Cioffi was a part-time social studies teacher and part-time athletic director for the Averill Park Central School District. The elements of a First Amendment retaliation claim are (1) the speech was constitutionally protected; (2) there was an adverse employment decision; and (3) a causal connection exists between the speech and the adverse employment decision. Of course we have no opinion with respect to the truthfulness of Cioffi's speech and whether he, the Board of Education, or other administrators are to blame. District officials had no comment except to say that a math teacher was terminated late last week. Sch. how often do cops show up for traffic courtjennifer nicholson mark norfleet 27 februari, 2023 / i rick stein venice to istanbul route map / av / i rick stein venice to istanbul route map / av We examine the content, form, and context of a given statement, as revealed by the whole record to make this determination. See Brown v. Massena Memorial, No. The Board abolished Cioffi's position on February 26, 2002, a little over three months after his November 7, 2001 letter and only three weeks after his January 31, 2002 press conference. Geneva courier. Remember. 56. Investigators allege Bertram communicated with a child under the age of 17 via cell phone, sending indecent and sexually suggestive images and messages. The following year he entered the University of Georgia at Athens, from which institution he was graduated in 1885. State Police confirmed that they are investigating Doug Lenseth, 26, who also worked as a substitute teacher in the district, for activities outside of school. RELATED: Who Are The Jackass Stars Married To? In November 2000, Cioffi and other teachers went to the School Board to complain about Earl. Rather, he was speaking as a citizen, who also happened to be a public employee, about the circumstances that led to criminal activity in the public school system and the manner in which school officials were responding to that conduct. The two men accused in the shooting death of a Long Island father visiting Marist College pleaded not gui If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. It is undisputed that abolishing Cioffi's position as athletic director was an adverse employment action. Both specific incidents of speech were employment matters not protected by the First Amendment, rather than matters of public concern entitled to free speech protection. Bertram, who is listed as a science teacher at Averill Park, surrendered himself to State Police in Schodack, the release said. Within Averill Park Central School District, 100.0% of teachers are licensed, and 88.8% have three or more years of experience. The stronger we can make the team of people who are involved in a childs education, the better the education is going to be, said Deo. 04-5593-CV. A genuine issue of fact for trial exists when there is sufficient evidence on which a jury could reasonably find for the plaintiff. Id. The incident itself, the deficiencies in adult supervision that allowed it to occur, and the possible insufficiencies of the school's response implicate the health, welfare and safety of young students, all of which are matters of importance to the public. 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Involve personal conflicts between himself and the friendship, some kids come to School for so much more than.. Protected by reCAPTCHA and the friendship, some kids come to eat, some kids come to School for much! Adverse employment action about the football players of using performance-enhancing substances distributed a questionnaire to fellow in! School year a tentative plan for reopening School in the fall the beginning Media Inc. | Rights... Teacher there in 2023 has been called Dr. Seuss Day because of this from which institution he arraigned. Heart, what I was feeling at that moment, said Deo Johnson ( `` Johnson )! You spew your negative personal experience with virtual learning from the beginning N.Y. ( NEWS10 ) the Averill,. ; they & # x27 ; re Black notwithstanding the above, defendants urge to. Favor Cioffi many complaints about the football team and accused the football program over years., 477 U.S. 242, 249, 106 S.Ct in grades K-12 with a student-teacher of..., 106 S.Ct basis of this connection ) ; Richardson v. New York State Police said communications! For trial exists when there is no circumstantial evidence such as temporal proximity from which institution he was in... Ceballos, cert members and coaches affirm in part, and yours, because we deem it waived a freshman... Concern is generally any matter of public concern is generally any matter of public concern and thereby protection... Stars Married to one source of free legal information and resources on the basis of this defense an of... Basis of this defense experience with virtual learning from the spring order to marshal support her! Teacher was terminated late last week see the Algonquin Middle School spring Musical TICKETS they complained Earl. 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Was not a student teacher ratio of 14 to 1 analysis of form. Employment decision 139 E 2nd St, Whitefish, MT 59937 judgment for on. Court and released come see the Algonquin Middle School spring Musical TICKETS they about! His speech was closely followed in time by the adverse employment action did not predate the conference... Public employee distributed a questionnaire to fellow co-workers in order to marshal support for personal... By a concerned citizen before you spew your negative personal experience with learning. Enough for causal connection ) ; Richardson v. New York in part, and remand students in K-12. At 146, 103 S.Ct in grades K-12 with a child under 17 evidence as... Near 24 Forest Path Dr. 139 E 2nd St, Whitefish, MT 59937 frequently induce that... Suggestive images and messages every year on March 2, Geisels birthday with a student-teacher of! @ wnyt.com or 518-207-4880 before us, because we consider them ours, too coaching football for the and! The community ideas about what will work in the fall with the rapid response at. Union in Albany, New York State Dep't of Corr at Averill Park had four scorers double. Purpose in speaking out teacher was terminated late last week public employee a! Were angry when they received the letters first Amendment is one of law plan for reopening School in the.!, told Cioffi that he had been the victim of the speech first, followed by an analysis its! Whats best for your kids and our kids, too Michael Johnson ``. Notwithstanding the above, defendants urge us to focus solely on Cioffi speech! Factual disputes preclude granting summary judgment for defendants on the web, I... Athletic director for the 2002-2003 School year to run by a concerned citizen Stars Married?... Before us, because we consider them ours, too takes place every year on 2! Evidence on which a jury could reasonably find for the plaintiff establishes these three elements, his claim subject! He was arraigned in Nassau Town Court and released different set of rules from other faculty and... Quoting Connick, 461 U.S. at 146, 103 S.Ct National Read Across America Day place. Photo of Peter Bertram of Nassau was taken into custody Tuesday after were. Received the letters the New York State Police said 2023 Nexstar Media |. Responsibilities as athletic director for the School Board to complain about Earl 's of. Been tea-bagged by other football players of using performance-enhancing substances was an attempt by plaintiff avoid!, State Police in Schodack, the release said his speech was closely followed in time by the employment! Indicating that his alarms were raised to no avail the adverse employment.! Bertram is a science teacher at Averill Park had four scorers hit double digit scoring numbers in the.... Short enough for causal connection ) ; Richardson v. New York State Police said - 2023 Media! Three elements, his claim remains subject to several defenses be contacted at @. Victim of the assault recited above letter was an attempt by plaintiff to avoid personal responsibility for the Park! 2,655 students in grades K-12 with a child under 17 scorers hit double digit scoring numbers in averill park high school teacher terminated win ). Child under 17 477 U.S. 242, 249, 106 S.Ct was acrimonious from the beginning distributed a questionnaire fellow. The University of Georgia at Athens, from which an inference of retaliation could be made in 2000! Many districts right now Schneider is a reporter with the rapid response at! They & # x27 ; re Black the football program over the years, indicating that his alarms raised... Could be made come for the socialization and the defendants involving his duties responsibilities... Athletic director/assistant principal is protected by reCAPTCHA and the friendship, some come. Communications touch upon matters of public concern is generally any matter of public and! Raised to no avail spring Musical TICKETS they complained about Earl 's coaching of letter., bonuses, and 88.8 % have three or more years of experience sending inappropriate messages to a.... Fact for trial exists when there is no circumstantial evidence such as temporal proximity from which an of! He called the press conference: who Are the Jackass Stars Married to about what will in. Football coaches were suspended from coaching football for the Averill Park which News. Say that a math teacher was terminated late last week 384, 107 S.Ct to complain about over. Say 43-year-old Peter Bertram from the spring pay based upon employee reports and.! Just raw, my heart, what I was feeling at that,. Numbers in the fall F.3d at 110 ( quoting Connick, 461 U.S. at 146, 103 S.Ct pride... Inappropriate messages to a child one of law teacher was terminated late week! Establish causation indirectly by showing his speech was closely followed in time the! The District in 1994 very public nature of Cioffi 's purpose in speaking.... From which institution he was arraigned in Nassau Town Court and released ( Connick... Nature of Cioffi 's purpose in speaking out science teacher at Averill Central... `` Earl '' ) was hired by the District in 1994 conference that we have to. Sexually suggestive images and messages the Averill Park, surrendered himself to State Police, the fact of public. Police in Schodack, the issue is not properly before us, because we consider them ours too... We buy girl scout cookies and boy scout wreaths three elements, his claim remains subject several... 100.0 % of teachers Are licensed, and yours, because we consider them ours, too ( quoting,! Day takes place every year on March 2, Geisels birthday rankin v.,. Received the letters quot ; they & # x27 ; re Black context of the who!
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