Eliazar Velasquez, 17, says school officials are punishing him because he caught the principal breaking the law.

11:20 AM EST on Wednesday, March 23, 2005

BY LINDA BORG
Journal Staff Writer

PROVIDENCE -- Eliazar Velasquez set out to embarrass his principal by photographing her having a smoke outside of Central High School. It worked. He was suspended.

Eliazar Velasquez says he hid behind a wall to get photos like this one showing Central High School principal Elaine Almagno having a smoke outside a school door. Smoking wihtin 25 feet of a school violates state law.

What began as a prank has since blossomed into a nasty flap that has both sides feeling wounded. Velasquez, a sophomore at Central High School, says his punishment was personal.

Principal Elaine Almagno says that Velasquez, by posting the photographs on the Internet and passing fliers around school, has been "extremely disruptive of teaching and learning," and deserved what he got.

Even the Rhode Island Affiliate of the American Civil Liberties Union is involved. Executive Director Steven Brown says that Velasquez's complaint about his suspension "raises fundamental First Amendment and due-process issues."

It all began when Velasquez, who is 17, set out to photograph Almagno taking a smoke on school property.

State law says no one can smoke within 25 feet of a school building.

A friend tipped him off about her favorite spot -- in the parking lot. Armed with a digital camera, Velasquez caught her smoking beside an open door on March 7, around 4 p.m.

"I hid behind a wall and took as many pictures as I could," he wrote on the Internet. "(I even got one where she was looking straight at the camera!) and took off with the goodies."

A few days later, he posted the pictures on his Web site, centralscoop.tripod.com. He included an editorial comment:

"This is a principal we're talking about. She is a leader. And here we caught her smoking on school grounds; breaking the law. . . . We feel that Ms. Almagno is not suited to be principal of Central High School. Don't take my word for it. I have pictures!"

Last Friday, Velasquez was called to the principal's office. He says Almagno began grilling him: "Tell me, who helped you design the Web site?"

Velasquez said Almagno called in the school police officer, then searched his book bag.

There, she found the fliers, which said, "Wanna see Mrs. Almagno take part in some illegal activities? Wanna see her breaking the law on school property? Go to centralscoop.tripod.com."

Almagno, he says, told him to take down the Web site immediately. He deleted the pictures but said he didn't know how to remove the site.

The photographs went back online the same day.

"It's completely unfair," he says. "They threatened to file slander charges."

That same day, Harold Metts, the assistant principal and also a Democratic state representative, told Velasquez he was suspended. A disciplinary hearing was set for tomorrow at 1 p.m.

Journal photo / John Freidah

Eliazar Velasquez says he hid behind a wall to get photos showing Central High School principal Elaine Almagno having a smoke outside a school door.

In a letter to Velasquez's parents, Metts wrote that the teenager was being punished for harassing and slandering the principal and the dean of students, John Hunt. Velasquez had taken a memo written by Hunt, circled a couple of grammatical errors, then posted copies of the memo around the school.

"Ha! Ha! Ha!" Velasquez wrote. "He doesn't know the difference between there, their and they're."

Yesterday, Almagno denied that she had retaliated against Velasquez. She says she suspended the student because his behavior was upsetting class.

"It's not just about Mrs. Almagno," she said. "It's about how this affects 1,500 students. When something like this happens, it's an extreme disruption of teaching and learning."

Almagno says she did smoke outside the building, but says it was late in the afternoon, long after students had gone home for the day.

Meanwhile, Velasquez contacted The Journal. He met with Brown of the ACLU.

Yesterday, Metts asked to speak with Velasquez. When they met, Anthony Pope, the director of high school reform, told Velasquez that he could return to school today, provided he take down the Web site.

"There was a discussion about respect and communication," school spokeswoman Maria Tocco said last night. "The student admitted that this wasn't the way to go. They agreed that further disciplinary action wasn't necessary."

According to Velasquez, the school also told him that he could transfer to Classical High School, where he has applied for admission: "They said they could get me in. They wanted me out of [Central]."

(Tocco denies that anyone offered Velasquez a deal).

Almagno has received a warning about smoking from Providence Schools Supt. Melody Johnson. And, Tocco said, Almagno has agreed not to smoke on campus again.

Meanwhile, Velasquez says he has changed his mind. He doesn't want to shut down his Web site.

"I want to do the right thing," he says. "I want to stand up for what I believe in."

This morning, Velasquez went to school, where he was last seen going through its door. And his Web site was still up and running.