A critical aspect of our offer to settle requires the Board of trustees (BOT), on or before May 15, 2014, to repudiate and reverse two decisions by Ms. English that have not fully culminated in harm. There is still time to offer C1 the opportunity to graduate with her class and receive an Archer diploma, and there is still time to alleviate the enormous pressure put on C2’s parents to find a new school for the 2014-2015 academic year and remove the stigma placed on C2 by the decision of Ms. English to forbid her from completing her education at Archer.
There is also time to mitigate the damage done to C2’s relationship to Mr. Josephson by instructing Ms. English to retract her groundless, defamatory allegations about Mr. Josephson’s conduct. Such actions are appropriate and desirable even if the BOT decides not to accept our offer to settle and compromise our claims against Archer.
These actions can and should be taken even if the board elects not to accept all the terms of our offer to settle, as they will substantially mitigate the damages already caused by Ms. English and demonstrate the BOT’s accountability. A failure to do so, however, will effectively condone and make the BOT complicit in those actions and liable for the resulting injuries. Such a failure will also bulwark our claim for punitive damages.
 We acknowledge that our allegations that four members of the board (Co-chairs Barbara Bruser and Barbara Natterson Horowitz and members Cathy Helm and Scott Lord) have additional personal liability because they directly participated in advising Ms. English and/or approved of some of the actions may complicate matters and make consideration of all aspects of our offer by May 15 difficult. The BOT’s legal counsel may conclude that it would be inappropriate for the specially named board members and Ms. English to participate in the deliberations, and some or all the parties may obtain personal representation. To facilitate implementation of this critical aspect of our offer, we will cooperate with counsel to tailor modified settlement agreements, if necessary.