Kings Park student's family files civil rights lawsuit

The family of a Kings Park High School student filed a federal civil rights lawsuit against the district Thursday claiming the administration unfairly barred her from all extracurricular activities, including suspending her from the varsity soccer and basketball teams, after she admitted giving a bottle of alcohol to another student.

The family says in the suit the punishment "has destroyed her prospects at being accepted to colleges on an athletic scholarship or recruited by various top colleges to play said sports in college."

The lawsuit, filed in Eastern District Court in Central Islip, seeks unspecified damages.

John Ottaviano filed the lawsuit as guardian of his daughter, Nina Ottaviano.

The lawsuit, filed by attorney Jeffrey Brown of Carle Place, contends the 17-year-old senior's "excessive" punishment is "far more severe" than punishment levied on other school athletes, particularly male athletes, who have been caught drinking.

"In fact, no student has ever been subjected to this type of discipline, despite the fact that many other students . . . have engaged in similar conduct," the suit states. "Such disparate treatment of Nina, is irrational, in bad faith, and has the effect of singling out one child, with no prior history of disciplinary issues, in a sea of transgressors."

The district would not comment on the lawsuit or any of the family's allegations, but issued a statement that read: "We cannot comment on whether or not there is litigation pending or threatened. The district's Code of Conduct and Eligibility Policy are posted on the district's website."

The district website lists "possession or use of alcohol - attending school or school sponsored event under the influence of alcohol or drugs" as a Level V infraction. Punishment can include "Removal of student for calendar year from extra curricular, co-curricular and athletic activities," according to the website.

John Ottaviano said that Nina's suspension will adversely affect her chance of getting into schools where her soccer ability would give her an edge.

Nina Ottaviano said she had also been editor of the school newspaper and a member of National Honor Society, Spanish Honor Society, Students Against Drunk Driving, Peer Support program.

The lawsuit states that on Sept. 16, another student gave Nina alcohol hidden in a bottle of hair spray to give to a friend, who is not named in the lawsuit. That friend was later caught with the bottle and was removed from the bus taking them to the Brentwood Country Club, where the party was held. At the end of the night, said the lawsuit, Nina told an official that she gave the liquor to her friend, and she was suspended the next day for two days, and later told she would be ineligible for sports for the rest of the school year.

Nina said in an interview she is devastated and feels ostracized by students and teachers since news of the lawsuit leaked.

The suit cites at least three unnamed male athletes involved in drinking episodes who it claims received less severe or no punishment.

Most Long Island school districts have written policies regarding "zero tolerance" toward alcohol and drug use. John and Nina Ottaviano said they were never given written policies or asked to sign pledges in the three years she played varsity sports.