CVCHS settles legal challenges
As Clayton Valley Charter High School looks ahead to its first graduation ceremony for seniors who have gone through all four years as a charter later this year, the school settled several key legal issues last month.
At the school’s January Governing Board meeting it was announced that the suit between former administrator and charter drive leader Pat Middendorf had been settled in favor of the school. She agreed to drop the lawsuit and ask the court to rule in favor of CVCHS, withdraw a separate Department of Fair Employment and Housing complaint, pay the charter $50,000 for attorney fees and court costs, and drop the opportunity to bring forward any other lawsuit.
CVCHS agreed not to sue Middendorf and her attorney for malicious prosecution.
The same evening as the CVCHS governing board meeting, the Contra Costa County Board of Education heard from county administrators as they had closed their investigation of complaints made by stakeholders about CVCHS.
Middendorf, a long-time teacher at the school, was co-petitioner when a group of teachers and civic leaders led a drive to convert Clayton Valley High to a charter. Ironically the charter was approved by the county four years and one day before the January board meeting. Middendorf led the search that resulted in hiring David Linzey as executive director, she was appointed to a key administrative position and in August 2012 the first CVCHS classes began.
The relationship between Middendorf and Linzey fractured in early 2014 and Middendorf was terminated that May, sparking a 20-month saga involving Middendorf, Linzey and his administration, teachers, community members and the board with heated charges and counter charges traded at board meetings and on the Internet.
A year ago Middendorf sued the school for defamation of character after she earlier filed a harassment compliant with the California Department of Fair Employment and Housing.
The charter filed an Anti-SLAPP motion against Middendorf, claiming she was a “public person” and thus the bar for her to prove defamation or malice is very high. Judge George Spanos requested each side to present their opinion of that claim.
The Clayton woman says her attorney submitted a 50-page report that was dwarfed by tens of thousands of pages of documents from the charter’s attorneys. Judge Spanos ruled against Middendorf on every issue. “Although my lawyer wanted to proceed and prove the judge’s ruling wrong at trial I realized any final resolution was at least two years away,” she said.
She decided settling the suit was the best course of action. “It was apparent that whether I won or lost in court it would cost hundreds of thousands of dollars.” Now retired, Middendorf says she wants to “move on” with her life and community efforts such as Relay for Life. She is also dealing with family health issues including caring for her elderly parents in Minnesota.
In announcing the settlement agreement at the board meeting, chairperson Ted Meriam thanked his fellow board members “for their commitment during this arduous period in our school’s history. It’s our job to remain independent and listen to all voices of our school community.”
Linzey says he is looking ahead to the annual Feb. 1 lottery where 900 applicants for fall admittance are whittled down to the 550 or so who can be accepted and to the first state testing in three years this April. He also is anticipating contract negotiations with the teachers union and concluding this school year for the charter’s founding graduating class.
County claims closed
The school was quick to point out that the CCCOE didn’t find a single issue raised in complaints to the county that was proven. After receiving a slew of complaints about CVCHS a year ago the County hired law firm Dannis Woliver Kelley to investigate. Their August advisory report — at a cost of $200,000 to the county — listed 39 critical issues, and although the report didn’t verify any claims, they found many they termed “not false.”
The school disputed all the claims and met with county superintendent Karen Sakata and associate administrator Bill Clark to review each matter. Long-time county board member Pamela Mirabella also visited the campus and met with CVCHS board members.
Linzey says the school directly responded to six issues by revising or clarifying issues in the student handbook and board policies. The report by CCCOE staff to the county board in January “concludes the review” and expressed its appreciation for “CVCHS’s willingness to collaboratively address these issues for the benefit of its students and stakeholders.”
The only major remaining matter for the charter is its ongoing dispute with Mt. Diablo Unified School District over the pro rata share of facility costs (“rent”) to utilize the buildings, grounds and furnishings on the CVCHS site in Concord.
The two sides entered into mediation last fall and came out with a settlement that the district board subsequently did not accept. The suit filed last April by the district is thus continuing.
Arbour claim settled
This month it was also announced that former CVCHS speech pathology instructor Laurie Arbour’s unfair labor practices claim to the Public Employment Relations Board was dismissed and the school paid Arbour $5,000. Last year a similar claim made by former teacher Tori Campbell was settled without any financial payment. The school says both matters concluded as “no fault” with no findings by PERB.
Arbour, another leader of the charter movement who is now at Northgate High, says, “I feel that the agreement reached on Jan. 8 is a win for free speech and the rights of teachers. It was never about money and this money will be given to charity.”