Board Rejects “No Money” Offer

The Josephson’s have consistently tried to induce the Board to settle this resource-draining and reputation-damaging controversy. On August 13, 2014, plaintiffs made a very generous offer which was rejected without comment or counter offer even though they knew that continuation of their attempts to crush the Josephsons would cost great sums of money and subject the school to further embarrassment as disclosure of plaintiff’s allegations about Elizabeth English’s conduct continues to attract public attention.

The board gave no reason for rejecting this offer even though plaintiff’s offered to publish their explanation on this sight. (See the article “Who is Looking Out For Archer’s Best Interests?” )

Here is a pertinent portion of the offer written by Charles harder for all the plaintiffs (the complete offer is posted here):

As you know, this firm represents Anne Josephson and her two minor daughters, C. Josephson and M. Josephson, in the lawsuit referenced above. My clients and Michael Josephson (who, as you know, is representing himself) are concerned that the further pursuit of their action against could significantly increase the publicity of their claims and have the unintended consequence of causing harm to the reputation of The Archer School for Girls. The Josephsons have loved and supported the school for many years; they very much respect the school; and they do not wish to cause it any harm, or take further action that could make it more difficult for Archer to be restored to, in their view, the fine institution that it was in recent years, before Ms. English took the helm as Head of School.

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.

Toward that end, 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

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.

Don’t you think Archer parents and donors are entitled to an explanation as to why they would reject this offer?


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