Case: 1:20-cv-01369 Document #: 1 Filed: 02/25/20 Page 1 of 16 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JOHN THUET AND MICHELLE BRUMFIELD, )

)
Plaintiffs, )
)
v. ) Case No. _________
)
CHICAGO PUBLIC SCHOOLS; JANICE )
JACKSON, in her official capacity as Chief )
Executive Officer and in her individual capacity; )
LAURA LEMONE, in her official capacity as )
Network Chief, District 14, and in her individual )
capacity; MICHAEL PASSMAN, in his official )
capacity as Chief Communications Officer for the )
Chicago Public Schools and in his individual )
capacity; and JANE AND JOHN DOE, employees )
of the Chicago Public Schools, in their official and )
individual capacities, ) Jury Demanded
Defendants. )

COMPLAINT

Plaintiffs JOHN THUET and MICHELLE BRUMFIELD, by and through their attorneys,

COTSIRILOS, TIGHE, STREICKER, POULOS, & CAMPBELL, LTD., and for their

Complaint against Defendants CHICAGO PUBLIC SCHOOLS, JANICE JACKSON, LAURA

LEMONE, MICHAEL PASSMAN, and JANE and JOHN DOE, state as follows.

INTRODUCTION

1. On January 31, 2020, Plaintiffs’ successful tenure as the Interim Principal and

Assistant Principal of Lincoln Park High School abruptly ended when Defendants summoned

Plaintiffs to Chicago Public Schools (“CPS”) headquarters and handed them letters of

termination. The letters indicated that Plaintiffs were placed on CPS’s “Do Not Hire List,”

which prevents individuals from obtaining any position whatsoever within CPS. In connection

with Plaintiffs’ termination, CPS publicly disseminated unfounded, false statements accusing

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Plaintiffs of causing “life-altering harm” to students and “endanger[ing] victims,” falsely

conveying that Plaintiffs had participated in and acted to conceal serious acts of misconduct at

Lincoln Park High School. These statements are false, and Defendants knew they were false

when Defendants made them. Plaintiffs – veteran educators who together had over 30 years’

experience working in CPS without a single disciplinary incident – were provided no notice of

any specific allegations against them, no meaningful hearing, and no opportunity to defend

themselves and their good names against these false, stigmatizing accusations.

2. Plaintiffs seek a declaratory judgment that Defendants violated their constitutional

rights, as well as interim and permanent injunctive relief to preserve their rights to pursue

employment at CPS.

3. Plaintiffs also seek actual damages for the reputational, economic, and other harm

they have suffered as a result of Defendants’ unconstitutional conduct.

PARTIES

4. Plaintiff John Thuet (“Thuet”) is a resident of Chicago, Illinois.

5. Plaintiff Michelle Brumfield (“Brumfield”) is a resident of Chicago, Illinois.

6. Defendant Chicago Public Schools (“CPS”) is a public agency that administers

the Chicago Public Schools. CPS maintains, through its Office of Employee Engagement, the

CPS “Do Not Hire List.” CPS is a person within the meaning of 42 U.S.C. § 1983. CPS

maintains offices at 42 W. Madison Street, Chicago, Illinois.

7. Defendant Janice Jackson (“Jackson”) is the Chief Executive Officer (“CEO”) of

CPS. Defendant Jackson is being sued in her official capacity as a person who, acting under

color of state law, deprived Plaintiffs of their constitutional rights, and in her individual capacity

as a tortfeasor. Defendant Jackson maintains offices at 42 W. Madison Street, Chicago, Illinois.

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8. Defendant Laura LeMone (“LeMone”) is the Network Chief of District 14, which

encompasses Lincoln Park High School. Defendant LeMone is being sued both in her official

capacity as a person who, acting under color of state law, deprived Plaintiffs of their

constitutional rights, and in her individual capacity as a tortfeasor. Defendant LeMone maintains

offices at 110 N. Paulina, Chicago, Illinois.

9. Defendant Michael Passman (“Passman”) is the Chief Communications Officer

for CPS. Defendant Passman is being sued both in his official capacity as a person who, acting

under color of state law, deprived Plaintiffs of their constitutional rights, and in his individual

capacity as a tortfeasor. Defendant Passman maintains offices at 42 W. Madison Street,

Chicago, Illinois.

10. Defendants Jane and John Doe are as-yet-unknown employees of CPS who made

defamatory statements regarding Plaintiffs and/or who participated in Plaintiffs’ wrongful

terminations without due process.

JURISDICTION AND VENUE

11. This action arises under the Constitution and laws of the United States, including

42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331 and

1343.

12. This Court has jurisdiction to issue the declaratory relief requested pursuant to the

Declaratory Relief Act, 28 U.S.C. §§ 2201, 2202.

13. Venue is proper in the Northern District of Illinois pursuant to 28 U.S.C.

§ 1391(b). The Defendants maintain offices within the Northern District of Illinois and all

relevant events occurred and will occur in the Northern District of Illinois.

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FACTS

Thuet and Brumfield’s Employment History with CPS

14. Thuet worked for CPS for more than a decade. He began his career with CPS as a

teacher at William R. Harper High School. At Harper, Thuet specialized in designing curricula

for “turnaround” schools. Following five years of teaching at Harper, Thuet was chosen to

participate in CPS’s New Leaders’ Aspiring Principals Program at Lincoln Park High School for

the 2014-2015 school year. After completing the New Leaders’ Program, Thuet served as

Assistant Principal at Collins Academy High School from 2015 through June 2019.

15. Brumfield worked at CPS since 1995, when she began her career as a Spanish and

English teacher. Brumfield worked as a language teacher at various CPS high schools, including

Kenwood Academy, Jones College Prep, Austin College and Career Academy, and King College

Prep. From 2011 through 2015, Brumfield served as the Assistant Principal at Kozminski

Community Academy. From 2015 through 2018, Brumfield was the Assistant Principal at Percy

L. Julian High School. And from 2018 through August 2019, Brumfield was the Interim

Principal at Simeon High School.

Thuet and Brumfield’s Tenure at Lincoln Park High School

16. In August 2019, Lincoln Park High School’s Local School Council (“LSC”) voted

unanimously to offer Thuet a one-year position as Interim Principal for the 2019-2020 school

year. The LSC chose Thuet to replace its outgoing Principal, who had been promoted to

Network Chief of District 15. The LSC considered Thuet a promising replacement because of

Thuet’s previous experience with Lincoln Park High School and positive endorsements from

teachers and staff.

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17. Thuet began his employment as Lincoln Park’s Interim Principal on August 12,

2019. Thuet hired Brumfield, who had extensive experience working as an Assistant Principal,

for the position of Assistant Principal at Lincoln Park High School. Brumfield began her

employment as Assistant Principal at Lincoln Park High School on August 27, 2019.

18. Thuet and Brumfield were enthusiastically received by the Lincoln Park High

School community. In just five short months, they made great strides in building a sense of

school community and culture.

Thuet and Brumfield’s Termination

19. On January 31, 2020, Thuet and Brumfield received an email meeting invitation

from Defendant Laura LeMone (“LeMone”), the Network Chief of District 14, which includes

Lincoln Park High School. The subject line of the meeting invitation read only, “OSP Meeting.”

The meeting invitation indicated that a meeting with Thuet and Brumfield had been scheduled

for 3 p.m. on that same day, January 31, at CPS headquarters, 42 W. Madison Street, Chicago,

Illinois.

20. When Thuet and Brumfield arrived at CPS headquarters at 3 p.m. on January 31,

each met separately with different groups of CPS Administrators.

21. Thuet was escorted into a conference room. Shortly thereafter, Defendant

LeMone, a CPS administrator, and CPS’s in-house lawyer entered the room. Defendant LeMone

told Thuet CPS was dismissing him and handed him a termination letter.

22. Thuet’s termination letter gave no explanation for Thuet’s termination. The letter

stated as follows:

Dear Mr. Thuet:

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As an interim principal of the Chicago Public Schools, you are an at-will employee
working at the pleasure of the Chief Executive Officer. A decision has been made to
terminate your employment effective immediately.

Your salary will be paid through February 1, 2020. Your health insurance coverage will
continue through February 29, 2020. You will have 60 days from the date of loss of
coverage to apply for retroactive continuation of coverage, for you and your covered
dependents, under the Public Health Services Act (PHSA), also known as COBRA.

Pursuant to the attached letter, you are not eligible for re-employment with the Chicago
Public Schools.

Sincerely,
Matthew Lyons
Chief Talent Officer
Chicago Public Schools

23. Attached to Thuet’s January 31, 2020 termination letter was a letter stating that

CPS had placed Thuet on its “Do Not Hire List,” making him ineligible for employment with

CPS. The letter stated as follows:

Dear Mr. Thuet:

Please be advised that, pursuant to the applicable Chief Executive Officer’s Guidelines
regarding do not hire (“DNH”) status, you are no longer eligible for hire in the Chicago
Public Schools (“CPS”), and a DNH has been placed on your file. Based on your overall
performance and misconduct record, the basis for the DNH includes but is not limited to
the following sections in the Misconduct/Discipline Matrix: H-17, P-2, P-3, P-4, PC1,
PC4. In addition, you may not volunteer, either directly with CPS or through a vendor, at
any CPS school or event. Further, you may not work for a CPS vendor where the
position involves interacting with CPS students.

You may petition the Chief Executive Officer to remove that designation. The request
should be addressed to The Office of Employee Engagement, 42 W. Madison Street, 9 th
Floor, Chicago, Illinois 60602. Please note that while a petition may be made at any time
after placement of the designation, only one petition every two years shall be considered.
The Guidelines and procedures for removal of the DNH designation may be found here:
cps.edu/oee.

Sincerely,
Mary Ernesti
Executive Director
Employee Engagement

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24. Brumfield was treated similarly to Thuet. She was escorted into a room at CPS

headquarters where Matthew Lyons, CPS’s Chief Talent Officer, handed her a termination letter.

25. Brumfield’s termination letter stated:

Dear Ms. Brumfield:

As an assistant principal of the Chicago Public Schools appointed on or after August 27,
2017, you are an at-will employee subject to section 11(A)(g3) under the Principal and
AP Employment Guidelines and working at the pleasure of the Chief Executive Officer.
A decision has been made to terminate your employment with the Chicago Public
Schools effective immediately.

Your salary will be paid through February 1, 2020. Your health insurance coverage will
continue through February 29, 2020. You will have 60 days from the date of loss of
coverage to apply for retroactive continuation of coverage, for you and your covered
dependents, under the Public Health Services Act (PHSA), also known as COBRA.

Pursuant to the attached letter, you are not eligible for re-employment with the Chicago
Public Schools.

Sincerely,
Matthew Lyons
Chief Talent Officer
Chicago Public Schools

26. Attached to Brumfield’s January 31, 2020 termination letter was a letter stating

that CPS had placed Brumfield on its “Do Not Hire List,” making her ineligible for employment

with CPS. The letter stated as follows:

Dear Ms. Brumfield:

Please be advised that, pursuant to the applicable Chief Executive Officer’s Guidelines
regarding do not hire (“DNH”) status, you are no longer eligible for hire in the Chicago
Public Schools (“CPS”), and a DNH has been placed on your file. Based on your overall
performance and misconduct record, the basis for the DNH includes but is not limited to
the following sections in the Misconduct/Discipline Matrix: P-2, P-3, P-4, PC1, PC4. In
addition, you may not volunteer, either directly with CPS or through a vendor, at any
CPS school or event. Further, you may not work for a CPS vendor where the position
involves interacting with CPS students.

You may petition the Chief Executive Officer to remove that designation. The request
should be addressed to The Office of Employee Engagement, 42 W. Madison Street, 9 th

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Floor, Chicago, Illinois 60602. Please note that while a petition may be made at any time
after placement of the designation, only one petition every two years shall be considered.
The Guidelines and procedures for removal of the DNH designation may be found here:
cps.edu/oee.

Sincerely,
Mary Ernesti
Executive Director
Employee Engagement

27. As indicated in Thuet and Brumfield’s January 31, 2020 termination letters,

Defendant Jackson was ultimately responsible for the decision to terminate Thuet and Brumfield

and was ultimately responsible for the decision to put them on the Do Not Hire list.

28. Thuet and Brumfield’s January 31, 2020 termination letters were issued without

notice, without a hearing, and prior to any other opportunity to be heard. Indeed, Thuet and

Brumfield were provided no notice or details of the alleged “performance and misconduct

record” that purportedly justified their Do Not Hire designation by CPS.

29. Prior to January 31, 2020, Thuet and Brumfield were not given any indication that

they would be terminated and placed on the Do Not Hire List. Thuet and Brumfield were not

provided with any advance notice, nor were they given an opportunity to challenge the basis for

their termination and Do Not Hire status prior to its issuance.

30. While the January 31, 2020 letters refer to a “petition … to remove [the DNH]

designation,” without notice of the precise allegations or any explanation of the evidence against

them, Thuet and Brumfield cannot meaningfully prepare or participate in any post-deprivation

petition or appeal process.

Defendants’ False, Defamatory, and Public Statements About Thuet and Brumfield in
Connection with Their Termination and Do Not Hire Designation

31. In connection with Thuet and Brumfield’s abrupt termination without notice or

explanation on January 31, 2020, Defendants made and issued a series of false, stigmatizing

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public statements which accused Thuet and Brumfield of causing “life-altering harm” to students

and “endanger[ing] victims.” Defendants’ statements injured Plaintiffs’ reputation in the

educational and professional communities and in the Northern District of Illinois, generally.

32. In statements to the media sourced to “CPS officials,” Defendants accused Thuet

and Brumfield of serious misconduct. “CPS officials” were cited as the source for the following

defamatory statements regarding Thuet and Brumfield in a February 13, 2020 article in the

Chicago Sun-Times:

 “[S]chool administrators minimized sexual misconduct allegations, didn’t protect

whistleblowers or alleged victims from bullying and retaliation, withheld key
evidence from investigators and lied to families about the status of
investigations”;

 Thuet and Brumfield made a series of “troubling decisions” in connection with an

unapproved basketball team trip to Detroit, including that Brumfield “lied about
not knowing [about the trip]”; Thuet “minimized the allegations and instructed the
dean to organize a meeting between the accused students and the whistleblowers
who first reported it”; Thuet “for six days didn’t share [] evidence of the incident
on the trip with the district’s Office of Student Protections and Title IX”; and
Thuet “told the parents of the impacted students that officials from that
department reviewed the evidence and didn’t find it to be serious”;

 Thuet and Brumfield improperly handled an incident involving alleged

inappropriate communication between the girls’ basketball coach and a student,
including that “Thuet told Brumfield … to look into the allegation on her own”;
“Brumfield wasn’t careful in reaching out to the student” and “tipp[ed] off the
basketball coach that he was under investigation”; and Brumfield “allegedly
suggested to the student that she may have caused or invited the advances by the
staff member.”

(Ex. 1, EXCLUSIVE: Why the Lincoln Park High School Administrators Were Fired, Chicago

Sun-Times, Feb. 13, 2020, available at

https://chicago.suntimes.com/education/2020/2/13/21136664/lincoln-park-high-school-boys-

basketball-john-thuet-michelle-brumfield).

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33. In addition to the anonymous comments from CPS officials, the same February

13, 2020 Sun-Times article quoted the following stigmatizing and false statements issued by a

Defendant Passman:

 “‘Administrators at Lincoln Park High School failed to promote the best interests
of their students and endangered victims who were counting on their support ….
The personnel actions we have taken were necessary to ensure a school
environment that prioritizes the safety of all students, and we are committed to
supporting the Lincoln Park High School community through this challenging
time.’”

 “‘Too many adults in the school community are needlessly creating an

environment that is perpetuating the life-altering harm done to multiple students,
and they are impeding the community’s ability to heal.’”

(Ex. 1).

34. Each and every one of the stigmatizing accusations described in paragraphs 32-33

above is unfounded and false.

35. Thuet and Brumfield never “endangered victims” or caused or “perpetuat[ed]”

“life-altering harm” to students.

36. Thuet and Brumfield never “minimized” any reports they received of misconduct.

37. In terminating Plaintiffs and placing them on the Do Not Hire list, Defendants

deprived Plaintiffs of their constitutional rights to due process and a name-clearing hearing.

Plaintiffs were deprived of their constitutional rights to notice of the allegations and a

meaningful opportunity to contest the false allegations that were purportedly the basis for

Defendants’ adverse actions against them. Indeed, to date, Defendants have not provided

Plaintiffs with notice of any specific allegations that supposedly support the false generalized

defamatory accusations that Defendants have disseminated to the public.

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Defendants’ Statements and Actions Have Stigmatized Plaintiffs in the Community

38. Plaintiffs have been stigmatized by their January 31, 2020 terminations and Do

Not Hire designations, as well as by Defendants’ publicly and widely-disseminated statements,

falsely accusing Plaintiffs of endangering students and causing life-altering harm. As a result,

Plaintiffs’ professional reputations have been harmed, making them virtually unemployable in

the education field.

39. Defendants’ unfounded, false statements regarding Plaintiffs threatens Plaintiffs’

livelihood. It will be extremely difficult, if not impossible, for Plaintiffs to find employment in

the educational field when Defendants’ defamatory statements are publicly available to any

potential employer through a basic Google search. Indeed, Defendants’ defamatory statements

render Plaintiffs virtually unemployable in any capacity, since few employers are interested in

hiring individuals responsible for causing “life-altering harm” to students or “endanger[ing]

victims.” Defendants’ statements have all but destroyed Plaintiffs’ employment prospects.

FIRST CLAIM FOR RELIEF

(42 U.S.C. § 1983; Deprivation of Procedural Due Process)

40. The allegations of the preceding paragraphs are incorporated as though fully set

forth herein.

41. Defendants deprived Plaintiffs of their constitutionally-protected liberty interests

in their occupations without providing the procedural protections required by the Due Process

Clause of the Fourteenth Amendment. Defendants acted without providing notice or a hearing,

and without providing Plaintiffs with any meaningful opportunity to deny, rebut, or contest the

allegations against them, their termination, or their placement on the Do Not Hire List.

42. Because Defendants made false, stigmatizing statements to the public in

connection with terminating Plaintiffs and placing them on the Do Not Hire List, Plaintiffs were

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entitled to a meaningful hearing that would allow them to clear their names in a public forum.

Defendants denied Plaintiffs their right to such a hearing.

43. Plaintiffs have an important liberty interest in being free from false stigmatization

at the hands of the government. Such harm arises in conjunction with Plaintiffs’ present and

future inability to be employed as educators on the same terms as other members of the public.

44. As described above, Defendants disseminated false public statements about

Plaintiffs that are sufficiently stigmatizing and derogatory to injure Plaintiffs’ good names and

reputations in the community.

45. Defendants’ false accusations against Plaintiffs have rendered them virtually

unemployable in the educational field and beyond. Plaintiffs cannot be employed in any position

in CPS as a result of being placed on the Do Not Hire List. Further, Plaintiffs’ placement on the

Do Not Hire List has been disclosed to any prospective employer through Defendants’ public

statements. And Defendants’ allegations connecting Plaintiffs to serious allegations of “life-

altering harm” and “endanger[ing] victims” have made it highly difficult, if not impossible, for

them to be hired for another position in education for which they would otherwise qualify.

46. Defendants made their false, stigmatizing statements in connection with

terminating Plaintiffs and placing them on the Do Not Hire List. Defendants’ combination of

publicly-disseminated stigmatizing statements about Plaintiffs in connection with Defendants’

high-profile, public termination of Plaintiffs gives rise to a claim under the Due Process Clause

of the Fourteenth Amendment.

Violations of Procedural Due Process

47. Plaintiffs were deprived of their right to notice and a meaningful hearing to

contest the unfounded and false accusations that have injured their reputation and professional

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prospects.

48. Defendants terminated Plaintiffs and placed them on the Do Not Hire List without

any of the protections afforded by due process of law. These included, but are not limited to, the

following:

 No exigent or emergency circumstances here merited Defendants’ termination of

Plaintiffs and placement on a Do Not Hire List without a pre-deprivation hearing.

 Before Plaintiffs were terminated and placed on the Do Not Hire List, Plaintiffs were not
given meaningful notice of their conduct or behavior that allegedly prompted
Defendants’ actions.

 Before Plaintiffs were terminated and placed on the Do Not Hire List, Plaintiffs were not
given any forum or opportunity, such as a hearing before a neutral party, to contest or
challenge the allegations against them.

 Before Plaintiffs were terminated and placed on the Do Not Hire List, Plaintiffs were not
provided any opportunity to confront any of the witnesses against them.

 Even after Plaintiffs were terminated and placed on the Do Not Hire List, Plaintiffs were
not given any specific notice of, or details about the behavior that they were alleged to
have engaged in that prompted Defendants’ actions against them.

 Defendants failed to provide Plaintiffs with the basis for Defendants’ adverse
employment actions, thus foreclosing any opportunity for a meaningful appeal or petition
to remove the Do Not Hire designation.

 Because of the numerous false stigmatizing statements Defendants made to the public at-
large in connection with Plaintiffs’ termination, due process required that Plaintiffs be
provided a hearing in a public forum so as to be able to clear their names publicly.

49. Defendants deprived Plaintiffs of their rights to liberty arbitrarily, so as to offend

fundamental notions of fairness and due process, in violation of the Fourteenth Amendment.

50. Reasonable officials in Defendants’ positions would have known that their actions

violated clearly established constitutional rights to procedural due process.

51. Defendants’ alteration of Plaintiffs’ status under state law (by placing them on the

Do Not Hire List), coupled with Defendants’ repeated public false accusations that Plaintiffs

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caused “life-altering harm” and “endangered victims,” have stigmatized Plaintiffs in the eyes of

the educational community and damaged their reputations in the teaching profession as a whole.

52. WHEREFORE, Plaintiffs are entitled to a declaratory judgement that their

terminations and placement on the Do Not Hire List violated their constitutional rights to due

process; interim and permanent injunctive relief forbidding Defendants from enforcing the Do

Not Hire List; an award of actual damages; and such other relief as the Court deems just and

proper.

SECOND CLAIM FOR RELIEF

(Defamation Per Se)

53. The allegations of the preceding paragraphs are incorporated as though fully set

forth herein.

54. On February 11, Defendants met with the Lincoln Park High School LSC in a so-

called “closed-door meeting.” Defendants conditioned provision of any information regarding

Plaintiffs’ termination on the LSC’s agreement to keep the information confidential.

55. Shortly after the meeting, however, Defendants breached their own confidentiality

agreement by communicating with the Chicago Sun-Times, resulting in the February 13, 2020

article cited above and attached hereto as Exhibit 1.

56. Referring to Thuet and Brumfield, Defendant Passman said, “[a]dministrators at

Lincoln Park High School failed to promote the best interests of their students and endangered

victims who were counting on their support.” (Ex. 1). This statement is false.

57. Defendants’ publications of these false statements were not privileged.

58. The accusations and stigmatizing statements made by Defendants and set forth

herein were false. Defendants knew that these statements were false or were grossly negligent in

not knowing it. Defendants acted with actual malice in making these statements.

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59. Defendants’ false statements to the media, which impugned Plaintiffs’

professional integrity and conduct and prejudiced Plaintiffs in their profession, are defamatory

per se.

60. As a result of Defendants’ defamatory conduct, Plaintiffs suffered significant

mental anguish, anxiety, personal humiliation and embarrassment, loss of professional and

personal reputation, loss of career advancement, and loss of standing in their professional

community.

61. WHEREFORE, Plaintiffs are entitled to interim and permanent injunctive relief

prohibiting Defendants from further disseminating defamatory statements about them; an award

of actual damages; an award of punitive damages; and such other relief as the Court deems just

and proper.

THIRD CLAIM FOR RELIEF

(Intentional Infliction of Emotional Distress)

62. The allegations of the preceding paragraphs are incorporated as though fully set

forth herein.

63. The acts and conduct of the Defendants as set forth above were extreme and

outrageous. Defendants intended to cause, or were in reckless disregard of the probability that

their false, defamatory statements would cause, severe emotional distress to Plaintiffs, as more

fully alleged above.

64. Defendants’ actions and conduct did directly and proximately cause severe

emotional distress to Plaintiffs, and thereby constituted intentional infliction of emotional

distress.

65. Defendants’ actions were undertaken with willfulness and reckless indifference to

the rights of others.

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66. As a proximate result of Defendants’ wrongful acts, Plaintiffs suffered damages,

including severe emotional distress and anguish, as more fully alleged above.

67. WHEREFORE, Plaintiffs are entitled to interim and permanent injunctive relief

prohibiting Defendants from further disseminating defamatory statements about them; an award

of actual damages; and such other relief as the Court deems just and proper.

Respectfully submitted,

/s/ Matt Ryan

Attorney for John Thuet and Michelle
Brumfield

Matthew S. Ryan
Emily C.R. Vermylen
Cotsirilos, Tighe, Streicker, Poulos &
Campbell, Ltd.
33 North Dearborn Street
Suite 600
Chicago, IL 60602
(312) 263-0345

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EXHIBIT 1
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EDUCATION NEWS SPORTS

EXCLUSIVE: Why the Lincoln

Park High School
administrators were fired
CPS officials told representatives at a meeting that school officials minimized sex
misconduct allegations, didn’t protect whistleblowers or alleged victims from
bullying, withheld key evidence from investigators and lied to families, sources with
knowledge of the meeting told the Sun-Times.
By Nader Issa and Michael O'Brien Updated Feb 13, 2020, 9:15pm CST

Lincoln Park High School, 2001 N Orchard St. | Santiago Covarrubias/For the Sun-Times
 Case: 1:20-cv-01369 Document #: 1-1 Filed: 02/25/20 Page 3 of 10 PageID #:19

Chicago Public Schools officials told representatives of Lincoln Park High School
at a meeting earlier this week that school administrators minimized sexual
misconduct allegations, didn’t protect whistleblowers or alleged victims from
bullying and retaliation, withheld key evidence from investigators and lied to
families about the status of investigations, sources with knowledge of the
meeting told the Chicago Sun-Times.

The new, more extensive details for the first time shed light on the allegations
that directly led to the firings of former interim Principal John Thuet and former
Assistant Principal Michelle Brumfield, the reassigning of a dean, the removal of
boys basketball coach Pat Gordon and the suspension of the team’s season,
likely for its remainder.

Until now, CPS had only shared a broad list of allegations without tying specific
instances of misconduct to individual staff members, leading to uproar from
students and parents who fiercely defended their beloved principal, assistant
principal and dean, and held protests to decry a lack of communication from the
district.

But at a closed-door meeting Tuesday evening with some members of Lincoln

Park’s Local School Council — the school’s representative group of elected
parents, teachers and community members — CPS officials went into much
greater detail, explaining for the first time what led to the chaos at the school.

Responding to questions about the new details Thursday, CPS officials

confirmed that several allegations were found to be “fully substantiated”
through interviews with students, parents and staff, and that Thuet and
Brumfield were interviewed before they were fired.

“Administrators at Lincoln Park High School failed to promote the best interests
of their students and endangered victims who were counting on their support,”
CPS spokesman Michael Passman said in a statement. “The personnel actions
we have taken were necessary to ensure a school environment that prioritizes
 Case: 1:20-cv-01369 Document #: 1-1 Filed: 02/25/20 Page 4 of 10 PageID #:20

the safety of all students, and we are committed to supporting the Lincoln Park
High School community through this challenging time.”

Thuet and Brumfield did not respond to calls and messages seeking comment,
and an attorney for Thuet, Barry Gomberg, did not comment. Gordon, reached
Thursday, again denied he had done anything wrong.

Lack of trust
Amy Zemnick, a community member of the LSC who was at the meeting earlier
this week where the details were laid out, said Thursday that she doesn’t trust
CPS’ investigation.

”It’s my understanding that there may have been conflicting reports as to how
exactly to handle this situation,” Zemnick said. “I think they were an interim and
an assistant principal that walked into a situation that was a mess, and they were
trying to clean it up.”

Asked if she and the rest of the LSC still support Thuet and Brumfield, Zemnick
said “we’re fully behind finding out exactly what happened. We still don’t feel we
have that information. CPS keeps saying trust us, but they haven’t done anything
to earn our trust.”

Thursday night, other LSC members questioned whether CPS had conducted a
fair and thorough investigation at its regularly scheduled meeting before voting
to retain attorney Bill Quinlan to conduct a separate probe into the series of
allegations. Quinlan is providing his services pro-bono.

Later in the meeting, attorney Matthew Ryan announced that he had been
engaged to represent Thuet and Brumfield “in connection with their wrongful
dismissal.”
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“[Thuet and Brumfield] took each and every allegation of misconduct that came
to their attention seriously and they each acted promptly, in good faith, and in
the best interests of the students and the community,” Ryan said.

Former Lincoln Park High School interim Principal John Thuet and former Assistant Principal Michelle
Brumfield | LinkedIn; CPS

CPS’ Passman said a probe launched by the LSC “would obstruct ongoing
investigations into student harm and greatly risk retraumatization of the
multiple student victims who must be prioritized at this time.”

“Too many adults in the school community are needlessly creating an

environment that is perpetuating the life-altering harm done to multiple
students, and they are impeding the community’s ability to heal,” said Passman.

Passman added that the LSC doesn’t have the authority to hire its own
investigators, who he said wouldn’t legally be allowed to access student records.
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Fallout from Detroit trip

The series of problems at Lincoln Park that resulted in five investigations started
on a boys basketball team trip to Detroit at the end of December.

Gordon, the coach, was suspended in early January as CPS investigated claims
that he knew about some type of sexual misconduct on the trip that involved
social media. It remains unclear what exactly happened in the incident, although
sources said it involved students. Gordon has not been accused of any sexual
impropriety, and he has denied knowledge of any incidents on the trip.

Publicly, the initial reason given for Gordon’s suspension was that he hadn’t
received the proper authorization to take the team on the Detroit trip, and that
he didn’t inform Thuet or Brumfield about the trip.

But CPS’ investigation found a series of troubling decisions thereafter, starting

with the finding that Gordon told Brumfield about the trip, and she lied about
not knowing, the sources alleged.

Then, once Thuet found out about the alleged incident of misconduct, the CPS
investigation found he minimized the allegations and instructed the dean to
organize a meeting between the accused students and the whistleblowers who
first reported it, the sources said.

That led to severe bullying and retaliation against the whistleblowers, whose
parents allegedly showed Thuet hard evidence that their child was being
harassed and bullied.

CPS officials told the LSC that the principal, for six days, didn’t share that
evidence or evidence of the incident on the trip with the district’s Office of
Student Protections and Title IX, the department investigating the claims, the
sources said. At the same time, he told the parents of the impacted students that
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officials from that department reviewed the evidence and didn’t find it to be
serious, the investigation found.

CPS: Allegations downplayed

The problems with the boys basketball team didn’t end there.

CPS officials told the LSC that Gordon, when he found out about the alleged
sexual misconduct on the Detroit trip, tried to downplay the allegations, the
sources said.

When the bullying and retaliation started against the alleged victim and the
whistleblowers, CPS found Gordon either condoned it or didn’t intervene to stop
it, according to the sources.

Lincoln Park’s head basketball coach Pat Gordon has been suspended. | Allen Cunningham / for Sun-Times
 Case: 1:20-cv-01369 Document #: 1-1 Filed: 02/25/20 Page 8 of 10 PageID #:24

In an interview Thursday, Gordon denied he knew the details of the incident in

Detroit.

“Still to this day I don’t have full confirmation of what happened,” he said. “If
something happened to a student I’m not going to downplay it. I understand my
role in youth development and protecting kids is first and foremost.”

He also said he was no longer at the school at the time of the alleged retaliation
by members of the team, and said he doesn’t condone that kind of bullying
behavior.

The CPS investigation also found Thuet’s lack of oversight of the team led to
Gordon bringing on assistant coaches who were not background checked nor
registered with the district, the sources said. Those assistant coaches, who have
since been removed, were allowed to travel with the team.

Gordon, though, said the coaches were backgrounded last year and were actually
being paid by CPS.

“To my knowledge all of our coaches were approved and certified,” he said.

CPS officials told the LSC that some of the students involved will likely never
return to the school because of the trauma they faced from other students and
staff.

Girls basketball coach also faces allegations

Another incident that has been under investigation at Lincoln Park is the
handling of a girls basketball coach’s alleged misconduct with a student.

Thuet announced the coach’s removal from the school after he “engaged
inappropriately with a student” a week before Thuet and Brumfield were fired.

New CPS protocols put in place in recent years as the district has faced searing
scrutiny for its mishandling of thousands of sexual abuse cases call for that type
 Case: 1:20-cv-01369 Document #: 1-1 Filed: 02/25/20 Page 9 of 10 PageID #:25

of allegation — which involved an adult with a student — to be investigated by

CPS’ Office of Inspector General. New CPS policy forbids adult staff members
from texting students.

In this case, school administrators reported the incident to the district properly.
But the CPS investigation found that, at the same time, Thuet told Brumfield,
who was Lincoln Park’s Title IX representative, to look into the allegation on her
own, outside of the inspector general’s investigation, according to the sources.

Thuet also didn’t create a safety plan for the student, as per protocol, until a
week after the Office of Student Protections told him to, the sources said.

CPS officials told the LSC that Brumfield, despite her Title IX training, followed
Thuet’s directions. The district found that Brumfield wasn’t careful in reaching
out to the student, tipping off the basketball coach that he was under
investigation, and she interviewed the student alone in her office without
offering her to have her parents or another adult with her, the sources said.

In the interview, CPS’ investigation found that Brumfield allegedly suggested to

the student that she may have caused or invited the advances by the staff
member, according to the sources.
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Lincoln Park High School students stage a protest walkout and march around the building and neighborhood
over the removal of school administrators and the suspension of the varsity boys basketball season,
Thursday morning, Feb. 6, 2020. | Ashlee Rezin Garcia/Sun-Times

Investigations ongoing

Despite what the district says are substantiated findings, the investigations at
Lincoln Park will continue.

A lawsuit filed Monday on behalf of an anonymous student at the school alleged

CPS didn’t protect her from a Jan. 13 sexual assault inside a Lincoln Park
classroom after school.

That alleged perpetrator in that incident is an athlete at the school and was
named in the lawsuit. But the Sun-Times hasn’t identified him because he hasn’t
been charged with a crime and is not a defendant in the suit.

The incident is one of the ones under investigation by CPS. Chicago police also
confirmed last week that they are investigating the sexual assault report, but no
charges have been filed.

CPS is also still looking into a video that allegedly showed retired principal
Judith Gibbs, one of the administrators put in the school to replace Thuet and
Brumfield, grabbing a student’s face in a school hallway. Gibbs left the school
just a day after she was assigned there.

Contributing: Tom Schuba, Lauren Fitzpatrick