The Board’s 1st Opportunity to Mitigate Damages

A critical aspect of plaintiffs offer to settle requires the Board of Trustees, on or before May 15, 2014, to repudiate and reverse two decisions by Ms. English that had not fully culminated in harm. At the time the offer was presented to the Board by the Josephsons there was still time ample time prevent all the mental harm to be caused by prohibiting C1 from participating in senior activities including graduation ceremonies. In addition,  there was 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.

Plaintiff’s offer to settle also informed the Board that there was 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.

The plaintiffs tried to persuade the board that actions were appropriate and desirable even if the Board decided 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.”

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