Brighton Collegiate High School make motion for Temporary Restraining Order Against School District 27J

Complaint filed by Brighton Collegiate High School:

On or about October 30, 2009 the Charter School's principal was informed that one of the Charter School's teachers might have engaged in inappropriate conduct of a non-sexual nature with a student. The Charter School has a "zero tolerance" policy regarding inappropriate conduct with students, and the principal immediately called Brighton law enforcement, performed his own investigation, and terminated the teacher's employment on November 3, 2009.

While the teacher's conduct toward the student was inappropriate, the Charter School's administration had no reason to believe that the student in question or any other student at the Charter School was ever in danger.

The Charter School has had difficulties in the past with sexual contact between staff and students. The last such incident of sexual contact between a student and teacher at the Charter School occurred nearly two years ago in December 2007. In the two years since that time there have been zero instances of sexual contact between staff and students at the school.

The incident that was reported in late October 2009 involved inappropriate communication between a staff member and a student, but it did not involved sexual contact. Again, the Charter School's administration has no reason to believe that this or any other student was ever in danger.

The District knows that the Charter School is represented by counsel. On or about November 6, 2009 the District's attorney contacted the Charter School's principal and requested a meeting to discuss this incident. The Charter School's attorney instructed the principal not to meet with the District's lawyer unless he was present, and the Charter School's attorney called the District's attorney that same day and left a voice mail indicating his willingness to discuss the matter with her.

For reasons that are unknown, the District has interpreted the Charter School's request to have its attorney present at meetings with the District's attorney as "obstructionist" behavior, and on November 10, 2009 the board of education of the District met and voted to instruct the Superintendent of the District to "seize control" of the Charter School.

Pursuant to the Contract and the Charter Schools Act, management of the high school is vested exclusively with the Charter School. The District has absolutely no authority to seize control of the school.

The Superintendent of the District has summoned the Charter School's principal to meet him at his office on November 11, 2009 at 7:00 AM. On information and belief the purpose of this meeting is to implement the District's plan unlawfully to seize control of the school.

Thus, Brighton Collegiate High School makes a motion for a Temporary Restraining Order Against School District 27 and Order to Post Security.