August 13 Offer to Settle

On August 13, 2014 in still another effort to end this resource-draining, reputation-damaging conflict, attorney Charles Harder, joined by Michael Josephson who is representing himself, pro per, sent to the defendants an offer to settle that would require no money nor the termination of any employee. See the full offer here but the essence is this summary:

The Josephsons sole desire in this lawsuit is to improve the school, support its parents, students, teachers, and responsible administrators, and help the school to adopt policies and procedures that will protect the children of other Archer families from further abuses of discretion by Ms. English and others, and help to restore the school’s credibility in the community. 

I have been authorized to make one last effort before the lawsuit escalates to another level, and to settle all claims between the plaintiffs and defendants, without the need for any cash payment to any of the Josephsons.

The offer, presented in detail below, in essence simply asks the Board of Trustees (“Board”) to:

1. Employ an independent neutral investigator to investigate and report on the truth of plaintiffs’ allegations and defendants’ responses. (An obligation inherent in the Board’s duty of oversight).

2. Modify the current mandatory arbitration clause in a manner that will not deter parents from submitting contract-based disputes to arbitration, nor prevent them from pursuing tort claims in court.

3. Adopt internal controls and policies for all Archer administrators, teachers and employees to guide their interactions with students and parents, including the use of appropriate discretion when imposing discipline, including the exclusion of students based on the performance of a parent or guardian.


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