September 1, 2013
Archer’s Elizabeth English Demands Unconscionable Arbitration Clause
If you don’t want updates on the Josephsons’ lawsuit, we apologize. Pease just tell us to remove your name. (Only about 5% of recipients did so and the very heavy traffic on the website www.JosephsonvsArcher.com indicates strong interest.)
SHOULD YOU SIGN? Today, Archer parents are expected to have signed the school Handbook that allows the Head of School to oust or refuse to re-enroll any student for any reason whatever. Why are they so adamant and legalistic about this? Because they are deadly serious about their legal rights and they will enforce them. Since anyone hesitating to sign the Handbook is likely to be excluded as a trouble maker, you really don’t have a choice. You just have to hope that neither you nor your daughter does anything to get on Ms. English’s naughty list.
WHY YOU SHOULD CARE? Because everything that happened to the Josephsons and lots of other families can happen to you unless Archer is forced to change their policies. See updated version Josephsons’ Personal Note.
NEW DEVELOPMENTS. Last week, lawyers representing Ms. English and the board (they have 3 of them) obtained a ruling that the Josephsons’ claims must be presented, if at all, in a highly restricted, VERY EXPENSIVE (about $8K a day for an arbitrator alone – parents pay half) arbitration process. It shrouds the entire process in SECRECY so no other Archer parent will know the outcome, and it allows Archers’ lawyers to seek attorney’s fees (said to be in the $200,000 range).
The Josephsons intend to appeal the decision and attempt to reform the law that insulates private schools from any public accountability. See updated summary of developments .
Archer has thrown massive resources (hence, the enormous legal bill) trying bully and intimidate the Josephsons and force them into silence. They continue to do so, in an all-out effort, including threats of injunctions, simply to prevent the Josephsons from talking publicly about their case.
The Josephsons say these efforts strengthened their family’s resolve and, though they did not win the first round, their efforts to reform Archer’s policies and practices are not over.