Los Angeles Unified School District RAMON C. CORTINES Superintendent of Schools OFFICE OF THE GENERAL COUNSEL 333 S. Beaudry Avenue, 20th Floor, Los Angeles, CA 90017 TELEPHONE: (213) 241-7600; FACSIMILE (213) 241-8444 DAVID HOLMQUIST General Counsel June 23, 2015 Michael Janofsky LA School Report SENT VIA ELECTRONIC MAIL michael218@gmail.com Re: Public Records Act Request Dear Mr. Janofsky: This letter is in response to your California Public Records Act request seeking a copy of the tort claim filed by Rafe Esquith. Your request has been reviewed and pursuant to California Government Code Section 6253(b), the District is producing copies of responsive records. See attached. Should you have any questions, please contact the Office of General Counsel at (213) 241-7600 and reference the following OGC Control number: # 0028555. Sincerely, Onelia Vazquez Onelia Vazquez, Senior Paralegal /ov Doc# 406511 GERAGOS c? GERAGOS A PROFESSIONAL CORPORATION .3. LAWYERS HISTORIC ENGINE CO. NO. 28 644 SOUTH FIGUEROA STREET Los ANGELES, CALIFORNIA 90017-341 1 TELEPHONE. {21 3} 625-3909 FEMILE {213] SEE-159D 05 m: June 22, 2015 CLAIM AGAINST LOS ANGELES UNIFIED SCHOOL DISTRICT AND RAMON C. CORTINES (Government Code Section 910) TO: Liability Claim Department Los Angeles Unified School District 333 S. Beaudry Ave, 24th Los Angeles, California 90017 Name and Address of Claimant: Rafe Esquith c/o Mark Geragos, Esq. and Ben Meiselas, Esq. GERAGOS GERAGOS, APC i? 644 South Figueroa Street Los Angeles, California 90017 Address to Which Notices Should he Sent: Mark Geragos geragos@geragos.com Ben Meiselas ben@ geragoscom GERAGOS GERAGOS, APC 644 South Figueroa Street Los Angeles, California 90017 Phone: 213.625.3900 Fax: 213.232.3255 Enlil: District Em In ees Involved: Los Angeles Unified School District Superintendent Ramon C. Cortines DOES 1?50 Page 2 .Claim for Damages GERAGOS 8 GERAGOS June 22, 15 A Haw the Daliiages nr iniuries {Incurred A. Introduction to Action It is with a deep sadness and a heavy heart that Rafe Esquith?dedicated and lifelong public servant to Room 56 of Hobart has been compelled to bring this claim against the Los Angeles Unified School District and directly against Superintendent Ramon C. Cortines. Pursuant to California Government Code Section 910, Mr. Esquith herby initiates his formal claims for (1) reinstatement, (2) violations of Federal and State Due Process, and (3) irreparable damages caused to his career and reputation. By this notice, Mr. Esquith further initiates a claim for a formal class action complaint on behalf of thousands of well?respected teachers deprived of their rights by the Los Angeles Unified SchOol District. These teachers, who have been living in the shadows serving undefined sentences in despised teacher?jail have had their careers, lives, families, and reputations destroyed by McCarthyism?like ?investigations? by LAUSD ?investigators? and subsequent designed to force out older teachers. These actions are being brought against the Los Angeles Unified School District and directly against Superintendent Ramon C. Cortines who has sadly proven himself to place personal interests, the interests of disconnected bureaucrats, and the protection of a clearly flawed administrative system, over teachers who are actually in the classroom and the students of this District. Teachers are afraid to teach. Parents have lost confidence in a District so quick to unlawfully purge itself of its best and brightest teachers. This legal action is therefore compelled by conduct and recklessness toward its true constituents. B. The Rafe Esquith Action i. About Mr. Esquith Mr. Esquith taught at Hobart Elementary School since 1984. Mr. Esquith received national recognition for his teaching abilities. Room 56, the classroom where Mr. Esquith taught, became legendary as an incubator for the best and brightest students in California, who went on to the best colleges and graduate programs, and made powerful Changes in socmty. Page 3 GERAGOS 8 GERAGOS Claim for Damages A June 22, 2015 ROFEssijf?nuoskromnon The students whe attend Hebert Elementary are t-ypicall first generatien Americans and/or come from underprivileged backgrounds. Through an unconventional teaching style, including the cf classics. Shakespeare tn Twain, and thrnugh intreducing music and arts into Room 56, Mr. Esquith?s students have excelled. Room 56 students have the highest graduation rates. Room 5 6 students routinely go on to top universities and graduate programs. - - - While Mr. Esquith?s teaching style is not in?uenced by the pressures of standardized testing, the result cf his teaching style is that his students scnre the highest an all testing- metrics. Most recently, Mr. Esquith has been critical of the LAUSD iPad program, arguing instead for an investment in the arts and music in the classroom. lvlr. Esquith was awarded the Disney Natl-anal Dutstanding Teacher cf the Year Award. a Sigma Beta Delta Fellewship Juhn Hepkins University, Oprah Winfrey?s ?Use Thur Life Award.? Parents Magazine?s ?As Yeu Award.? and the Natinnal Medal at Arts. Mr. Esquith was alsn made an hencrary member hi the Drder cf the British Empire fer his teaching achievements. Mr. Esquith is alse a perennial New Yuri: Times Best Selling numer cf hunks relating to his teaching philnsephy and en cducatinn. Mr. Esquith?s classes are regularly attended by schcel administratnrs. superintendents. and educaters amend the seeking insight intn his successful teaching strategies. l?lis classes are alse regularly attended by t'nrmer students whese lives have been changed by his teachings. Attached herein as Exhibit is a sample cf testimenials abnut l?vir. Esquith and his teaching abilities ire-m nctahle leaders and nrgattizatiens. Notably. while superintendents and educatnrs from acress the United States and die werld have visited Mr. Esquith?s classrnem, Superintendent Cnrtines has never nnce made a visit to 56. Superintendent Curtines has never ence attended a by Mr. Esquith?s Hnbart Shakespeareans. Superintendent Cnrtines has never ence even said helle cr himself tn Mr. Esquith since he has been with the District. it it? h? Page 4 Claim for Damages GERAGOS GERAGOS June 22, 1 5 A Paoresstl??gikpomnon ii. The Mark Twain ?Incident? Since 1989 Mr. Esquith has a run a private nonprofit organization known as the Hobart Shakespearetms. lvlr. Esquith has never made money from this organisation and has personally contributed thousands of dollars of his own financial contributions to this or ganiaation. Mr. Esquith donates the money he gets from speaking engagements directly to the Shakespeareans. The reason l'vlr. Esquitb started the Shakespeareans was because LAUSD was not contributing money to music and the arts and Mr. Esquith believed that such an investment was critical. Mr. Esquith?s instinct was obviously correct, given the unquestionable success of his students. {in or around March 19. 2015 Mr. Esquith was called to a meeting by Hobart Elementary School Principal Jonathon Pack. When Mr. Esquidi entered the meeting. Hobart?s ?technology coordinator? Barbara Hayden was present. Ms. Hayden was crying and stated don?t want this to ruin our friendship.? l?vlr. Esquith did not understand what she was talking about or why she was crying. Principal Pack then stated. ?You have nothing to worry about. This is a bump in the road. i need to counsel you that you need to be careful what you say in front of students." Mr. Esquith did not understand what Principal Pack was talking about. The meeting ended without any other substantive communications about what Principal Pack or Ms. Hayden were talking about. Mr. Es quith left the meeting confused but did not ?unk much of it. As further indication that Mr. Esquith had every reason not think much of this meeting with Principal Pack and Ms. Hayden was the fact that Mr. Esquith went right back to his classroom. . In fact, Mr. Esquith?s classroom was selected by Principal Pack and Ms. Hayden to take the three?day computerized ?Common Core Test? before other classes beginning March 23, 2015. Hobart was nervous about the rollout of the Common Core Test and wanted to use Mr. Esquith?s class, as their testing?ground for the program?s rollout. given the success and discipline of Mr. Esquith?s students. Mr. Esquith, along with Ms. Hayden, supervised students during the Common Core Test. Spring Recess took place the week of March 3t]. EDI 5 April 3. Zill?. ISin or around April Etll?. following Spring Break. Principal Paek came into Nb". Esquidfs classroom and discussed diet the District forwarded a ?complaint? to the California Teacher Credentialing Committee. Mr. Esquith remained in his classroom with the students. Principal Pack did not give more details. but again stated. ?you have nothing to worry about. I will help you. This is about nothing." Pa 5 aim for Damages GERAGOS 6a GERAGOS A PROFESSIONAL CORPORATION June 22, 2015 LAWYERS On or around April 8, 2015, Principal Paek called Mr. Esquith into his office. Principal Paek explained that it was Barbara Hayden, the technology coordinator, who made a complaint that Mr. Esquith made a joke about ?nudity? in front. of students and that this could be deemed offensive to students and their parents, Mr. Esquith told Principal Paek that he had no idea what hewas talking about, that no parent or student or teacher has ever complained to. him or about himfor his jokes, and that while he does make jokes in front of his classroom, all jokes need to be understood within their literary context in which they are made. Mr. Es quith explained that the joke that Ms. Hayden was evidently complaining about related to a Mark Twain passage. The use of this particular joke that Ms. Hayden found offensive was in the context that LAUSD was not funding the arts and sciences, and if not enough funds were raised for the annual Shakespearean play, which Mr. ESquith was funding entirely from his own pocket and from private donations that, ?we will all have to play the role of the king in Huckleberry Finn.? Mr. Esquith went on to quote directly from Mark Twain: At last, when he?d built up everyone? expectations high enough, he rolled up the curtain. The next minute the king came prancing out on all fours, naked. He was painted in rings and stripes all over in all sorts of colors and looked as splendid as a rainbow. well, never mind the rest of his outfit-wit was just as wild, but it was really funny. The people nearly died laughing. And when the king finished prancing around and capered off stage, they roared and clapped and raged and guffawed until he came back and did it all over again. Principal Paek explained that he was receiving ?pressure? from the District who demanded Mr. Esquith issue a formal apology. Principal Paek reiterated that he was assured by the District that ?nothing bad was going to happen,? but that the ?District? wanted Mr. Esquith to sign a written apology acknowledging that his statements might be viewed as ?serious? and may have made ?others uncomfortable.? Mr. Esquith, who was not represented by a lawyer at the time, nor instructed that he should have a lawyer, did what any teacher in his position would do and followed the request of his Principal and wrote: I am deeply and sincerely sorry that any comment someone heard, or thought they heard, has anyone uncomfortable. I am a teacher who prides himself on professionalism I dress immaculately for the job. Over a thousand teachers a year come to my class to seek my guidance about the profession of teaching. As a proud teacher, I am deeply saddened by this situation. Page 6 GERAGOS {a GERAGOS Claim for Damages A OFESSIONAL ORP June 22, 1 5 ORATION Mr. Esquith returned to the classroom. He spent Thursday April 9, 2015 in the classroom. On Friday April 10, 2015, at the end of the day, Mr. Esquith received a notice from the District informing him he was to report to teacher?jail, until further notice. Everything that was represented to Mr. Esquith by Principal Paek (or, which was likely represented to Principal Pack by the District) was false. In a moment, Mr. Esquith?s extraordinary career had come to an abrupt halt. LAUSD issued a formal gag order against Mr. Esquith prohibiting him from communicating with students and parents. Mr. Esquith received hundreds of emails and calls each day from parents and students to which he was not permitted to respond. Mr. Esquith, who directs and produces all aspects of the annual Hobart Shakespearean play was forced to cancel the performance. LAUSD claimed they were taking these actions to protect the ?safety of its students.? Obviously, invocation of ?student safety? was complete pretext given that if safety was the real concern, Mr. Esquith?s students would not have been selected for the common core testing, after Mr. Esquith met with Principal Pack, and Mr. Esquith would not have been permitted to be in the classroom for weeks after the statement was made. It became apparent that LAUSD had a different agenda. The Accusing Teacher Concedes There Was No Merit to Her Complaint Although LAUSD prevented Mr. Esquith from contacting teachers, students, or parents, they did not prevent teachers from contacting Mr. Esquith. On April 22, 2015, at 2:00 PM, Ms. Hayden wrote to Mr. Esquith: I just want you to know that I am here for you and if there? anything you need, please let me know! My thoughts are with you constantly, and I wish you the best resolution possible! Barbara. Attached as Exhibit is a true and correct copy of this email On April 29, 2015 Ms. Hayden wrote to Mr. Esquith: Everybody misses you a lot, especially the kids of course, and you?d be proud! (See also, Exhibit Pr '3 for Damages GERAGOS 60? GERAGOS A PROFESSIONAL CORPORATION June 22, Late-yams On June Io, Bill 5 after the television network first reported about Mr. Esquith?s removal from the classroom, Ms. Hayden wrote: Hi Rafe, I hope you are doing well! I was so pleased to read the article and statement that your law yer, Mark Garages. put out! You are known for always getting quality. and it shows with your choice of Iawyeri {I'm sure you would?ye gotten Lee Bailey if he was stiIl available}. I Wish you Ihe best! Warm regards, Barbara. Attached hereto as Exhibit is a true and correct copy of Ms. Hayden?s June 16, 2015 email commending Mr. Esquith?s selection of attorneys and wishing him ?the best.? a As evidenced by the cover letter of Exhibit and as admitted by the LAUSD investigators assigned to this ?matter,? the LAUSD investigators never once. asked Ms. Hayden as part of their ?investigation,? if she had been writing to Mr. Esquith. Ms. Hayden was never asked about her views toward Mr. Esquith? removal from the classroom. Additionally, the LAUSD investigators have also ignored the letter they received from the California Teacher Credentialing Committee rejecting the claim against Mr. Esquith and closing their file at the State?level. On May 27, 2015, the California Commission on Teacher Credentialing rejected claim against Mr. Esquith. Attached hereto as Exhibit is a true and correct copy of the letter sent by the State of California to LAUSD rejecting the claim and closing their file. Nonetheless, despite emails from Ms. Hayden and the letter from the State of California, on Friday, June 19, 2015 Superintendent Cortines sent a defamatory press release to all media stating that the ?investigation? would take until August and he would not be ?rushed? in the investigation. Accordingly, an investigation which should have lasted less than 6 minutes will apparently take 6 months to complete, while LAUSD investigators engage in a fishing expedition trying to find negative facts unrelated to the initial investigation aboutMr. Esquith to further harm his reputation. LAUSD has hired and assigned two full-time investigators, at tax-payers? expense for this purpose. 68 (firm for Damages GERAGOS 65? GERAGOS A PROFESSIONAL 22, Uwv??q is. The Conditions of Teacher Jail LAUSD maintains a nondescript, fenced?in, warehouse facility located at 2151 North Soto Street, Los Angeles, California 90032. This facility is referred to by LAUSD as ?Educational Service Center-East,? but to those unfortunate teachers who have spent time behind its walls,.it is known more commonly as ?teacher jail.? At its core, teacher jail is a form of torture where, teachers Spend 6 hours in a cubicle staring at a wall. Mr. Esquith was ferced in teacher jail beginning the week ul? April 20 5. There. Mr. Esquith was assigned a cubicle. l?le checked in each day to a receptionist seated behind a glass wall at 8:00 am. He sat at the cubicle from 8:00 AM through 2:30 AM. Mr. Esquith was not allowed to communicate with other teachers. Mr. Esquith was not allowed to use the computer. Mr. Esquith was given one 30 minute lunch break and another. 20 minute ?stretch break? during the day. On May 4, 2015 while in teacher jail, Mr. Esquith received a letter from LAUSD informing him that ?there is an ongoing investigation about allegations concerning events or conduct in which you may have been involved. While this investigation is taking place, and unless otherwise directed or reassigned, you are to remain at home in paid status during your reassignment to the Attached hereto as Exhibit is a true and correct copy of this May 4, 2014 letter. 1t. The Investigation and Interview of Rafe Esquith a. The Investi?atinn assigned at least two inyestigatcrs wirese full-time job became net te investigate the allegatiens made by Ms. Hayden. but te apparently inyestigate Mr. Esquith and his al?iiliatinns. A despicable and investigatiun Leek place. Parents cf students in Ream fit?i ccni?irrn that there students were pulled fretn class, witlteut parental consent, and grilled by adult?male iny'estigaters whu made dercgatcry about Mr. Esquith. Page 9 GERAGOS 8 GERAGOS Claim for Damages APROFESSIONAL ORPORATION June 22, 2015 Unlike Mr. Esquith? quoting of Mark Twain, which no student or parent found offensive or complained about, students actually felt threatened by the LAUSD investigators. Parents of students inRoom 5 6 collectively complained to LAUSD about the harassing conduct their students-experienced at the hands of LAUSD investigators. Parents complained of their children being removed from class without parental consent. Parents feared for the health and safety of their children based on the LAUSD investigator tactics. At least one student?s mental health was seriously, and medically compromised, by the conduct of the LAUSD investigators. The LAUSD investigators asked students, who had never complained of Mr. Esquith, loaded questions such as whether Mr. Esquith ever did anything ?bad? or that they ?did not like.? Parents were never informed of the reason why Mr. Esquith was removed from class for quoting Mark Twain. As parents contacted Mr. Esquith, following the interviews with their children, Mr. Esquith remained under a LAUSD imposed gag order and could not respond to their calls or emails. . The LAUSD investigation than turned its focus to Mr. Esquith? nonprofit group called the Hobart Shakespeareans. The Hobart Shakespeareans is a completely nonprofit organization with an independent board of directors. Mr. Esquith does not draw any salary from the Hobart Shakespeareans. Mr. Esquith himself donates thousands of dollars to the organization. The Hobart Shakespeareans sponsor an annual performance of a Shakespeare play each year. This year?s play was going to be ?The Winter?s Tale.? There were going to be 12 separate days of performances this year. All shows were completely booked, as they are every year. Donors from across the world show up and watch the incredible student performances. The Shakespeareans also sponsor free SAT and college prep for students and lead a trip every year: in July to Oregon for the annual Shakespearean festival. The Shakespeareans have been sponsoring trips since the 19803. The group was the focus of both a PBS documentary as well as a widely viewed TED talk given by Mr. Esquith. Page 10 Claim for Damages GERAGOS Ed GERAGOS June 22, 2015 77%aeeabeut the week of May lrl??i?, the LAUSD investigiatmfacted the Board of Directors (other than Rafe) and informed them that Mr. Esquith was fully apprised of the allegations against him. This was false. At that time, Mr. Esquith had not even sat down with investigators. The investigators questioned the Board about ?permission slips,? about the organizations affiliations with LA USD and how the organisation holds itself out, whether parents were aware that me Shakespeareans were separate and not ?officially af?liated" with LA USD. and the zunount of ehaperones used by the Shakespeareans during their trips. Clo May IR. 2015, Geragos t'ir. ISeragos, on behalf of Mr. Esquith, sent a letter to LAUSD informing them of the misrepresentations being made by the investigators to the board of directors and requesting the reasons why Mr. Esquith was still not permitted to go haek into his elassroom and why the focus was now on the Shakespeareans. httaehed hereto as Exhibit is a true and of the letter sent by Geragos 3t Geragos on May 13, EDIE. The May 18, 2015 Geragos letter also questioned why Mr. Esquith was being directly contacted by LAUSD on substantive matters when Mr. Esquith was known to be represented by attorneys. Indeed, directly contacting a represented party on any legal matter, especially significant matters such as this, is highly improper, unethical, and anathema to the law. LAUSD was intentionally avoiding proper legal processes. Attached hereto as Exhibit is a true and correct copy of the response from LAUSD dated May 20, 2015. The LAUSD letter states: We are actively investigating this matter. This includes fact ?nding and research in connection with the Hobart Shakespeareans program. I am not aware of the statements made by the investigator. We also understand and acknowledge you are representing Mr. Esquith. However, as part of fact ?nding, we believe we are well within our rights to contact Mr. Esquith directly because he is our employee. 1 for Damages GERAGOS 8 GERAGOS June 22, 2015 A letter directly??lV/lf Esqui? demanding that the July trip sponsored by the Shakespeareans be cancelled because the ?trip is not authorized or sponsored by the District.? Attached hereto as Exhibit is a true and correct copy of the July 1, 2015 letter. Based on the conduct of the LAUSD investigators, the Hobart Shakespearean board of directors felt compelled to retain independent legal counsel. The Shakespeareans retained the independent legal services of the well~ respected Los Angeles firm of Scheper Kim Harris LLP. Attached hereto as Exhibit is a true and correct c0py of a June 11, 2015 letter sent by the ScheperKim firm to LAUSD confirming that LAUSD investigators ?refused to identify any facts or other information that would warrant the Hobart ShakeSpeareans cancelling the July 2015 trip.? The ScheperKim firm demanded that the LAUSD investigators put any request in writing and provide the policy, procedure, or other authority that justifies requests. LAUSD did not, and has not responded. To the extent LAUSD was actually conducting a credible investigation, what it would have realized was the following: First, not a single parent has ever complained about the Hobart Shakespeareans. Second, the Hobart Shakespeareans have been responsible for enriching thousands of lives by providing funding into the music and arts in education where LAUSD refuses to do so. Third, when instructed in the past that the Shakespeareans needed to use permission slips with specified disclaimers (no parent has ever made this an issue) Mr. Esquith has always complied. Attached hereto as Exhibit is a copy of the permission slip used. - Finally, newly feigned concern that the Shakespeareans might be viewed as affiliated or ?officially sponsored? by LAUSD was not a problem Mr. Esquith created. To the extent any confusion exists, it is because LAUSD administrators, and not Mr. Esquith, promoted Mr. Esquith on the Hobart Elementary School website. The website is overseen by Principal Pack and ?technology coordinator? Barbara Hayden. Mr. Esquith has no control over its content. The LAUSD sponsored website refers to, the elementary school as, ?the Proud Home of Rafe Esquith and the Hobart Shakespearns[sic] (misspelling on website). Page 12 Claim for Damage, GERAGOS Er GERAGOS June 22, 2015 Attached hereto as Exhibit is a true and correct copy of a screenshot of the Hobart Elementary School website taken June 18-, 2015. On June 11, 2015, the same day the attorneys for the Hobart Shakespearean Board of Directors informed LAUSD that the July 2015 Oregon trip was cancelled, Principal Paek announced to parents he was stepping down and transferring to another school after spending ?twenty?four years in this wonderful place called Hobart.? Attached hereto as Exhibit is a true and correct copy of the Principal Paek?s transfer letter to parents. b. The Interview Three months after meeting with Principal Paek in March 2015, Mr. Esquith was finally summoned by LAUSD investigators for a meeting to take place on May 27,- 2014. Indeed, from March 2015 through May 2015, Mr. Esquith?s counsel continuously demanded explanations regarding what the allegations were as well as the scope of the investigation. To this date, LAUSD has not articulated any explanation but, as Superintendent Cortines has done recently, cites an open ended ?fact?finding investigation? underway. The May 27, 2015 interview took place at the teacher jail location at North Soto street. Attached hereto as Exhibit is the notice-Mr. Esquith received requiring his appearance on May 27, 2015. Mr. Esquith attended with counsel. The questions asked during the interview followed no conventional interviewing protocol or any appropriate or logical line of questioning. Counsel for Mr. Esquith took diligent notes of the questions being asked which included: I ?Do you know any teachers that might not like you? If so, who are they?? I ?List the women you dated when you were in college.? I ?Were you ever counseled for pushing someone when you were a camp counselor at the JCC Jewish Center Summer Camp you worked at when you were a teenager 40 years ago?? I ?Why might teacher or teacher not like your teaching style or your personality?? Eilgiemlgor Damages A PROFESSIONAL CORPORATION June 22, 2015 mm, II ?Did you ever buy a student a hamburger off school grounds without first getting the?permission of that student?s parent?- Do you know buying students food is against policy?? I ?Why don?t you have backup plan for someone else to put on the annual Shakespearean performance, in case, for example, you have a heart attack, so it does not have be cancelled again like it was this ?5 year. These questions, all of which would be objectionable and completely out- of?line in any legitimate legal process, made obvious that there was no clear or defined scope or legitimate purpose behind the LAUSD investigation. Nor did the investigators reveal the "scope or proffer any foundation for their questioning. It was patently obvious that LAUSD had used the initial allegations which were proven meritless as a pretext to conduct an open?ended investigation and engage in a scurrilous character assassination of Mr. Esquith and appointed two full-time investigators for this purpose. This experience is shared by hundreds and thousands of other teachers who LAUSD wanted to (and have) force out under Superintendent Cortines? regime. During the May 27, 2015 hearing, LAUSD investigators conceded that the ?initial investigation? was based on Ms. Haden?s report. However, the investigators did not say what their current purpose was. When Mr. Esquith responded to questioning about teachers who ?might not like him,? by stating he is ?generally supported by tens of millions of teachers throughout the world,? the investigators responded, ?the purpose of what we do is to find people who do not like you, not talk to your supporters.? vi. Superintendent Ramon C. Cortines? June 19, 2015 Press Release On July 19, 2015, LAUSD Superintendent Ramon C. Cortines issued the following press release: ?This is a very complex issue. While I respect that this teacher is extremely popular and has been for some time in the briefings that have been given to me, there are serious issues that go beyond the initial investigation. The Los Angeles Unified School District will not be rushed to make a decision and will complete our investigation with the highest level of integrity. The safety and security of every District student will remain our number one priority.? Page 14 Claim for Damages GERAGOS Ed GERAGOS June 22, 20 1 5 A PROMISE giwoamon Additmnally, irTcOnj unetion with the press release, LAUSD announced the ?investigation? would take until August 2015 to complete and that ?it will not be rushed.? To date, LAUSD has provided no reason why an investigation based on a disproven report?found meritless by the State of Californiauand made by a teacher who supports Mr. Esquith, would take until August 2015 to complete. The ?complex issues? referred to in Superintendent Cortines? press release are manufactured allegations that LAUSD is attempting to create since the ?initial allegations? were disproven and since LAUSD realized it would likely face catastrophic liability based on the manner and methods its used to remove the world?s most well-known teacher from his classroom based on a Mark Twain quote. Superintendent Cortines? statement to the press is not covered by any investigative privilege or claim to immunity. The comments constitute defamation and defamation per se, made in reckless disregard for Mr. Esquith?s reputation and Mr. Esquith?s unprecedented career. Further Superintendent Cortines? press release confirms the investigation is a fishing expedition of the worst kind, disconnected from any ?initial investigation.? Despite being on notice that the ?initial investigation? conducted by LAUSD was reckless, completely bogus, and wrongfully deprived students of having Mr. Esquith in their class during a pivotal time in their lives in addition to destroying Mr. Esquith?s career Superintendent Cortines refers vaguely to other ?complex issues? further defaming Mr. Esquith. Superintendent Cortines? statements to the press re?ect a complete disconnect between himself and the teachers within LAUSD. This complete and utter disconnect, in turn, has led to a climate in LAUSD where teacher jails thrive and due process is denied. vii. Damages Mr. Esquith has suffered. severe. damage to his unprecedented and illustrious teaching career and reputation caused directly by LAUSD and Superintendent Cortines. Mr. Esquith had previously turned down lucrative six to seven figure salaries by private schools and firms wanting to brand ?Rafe Esquith private schools? throughout the world, to remain a public school teacher, for which, his reward has been to be defamed by the District and its Superintendent. ?rst. Damage, GERAGOS GERAGOS A PROFESSIONAL CORPORATION JUDC 22, 1 5 LAWYERS Additinnally, Mr. Esquith has suffered substantial general and consequential damages of an amount to be proven at the time of trial. C. Class Action Claims In addition to bringing a complaint on hisown behalf, Mr. Esquith hereby gives notice of his intent to bring a Class Action Complaint on, behalf of all teachers, during the applicable statute of limitations period, who have been denied procedural and substantive due process by LAUSD. It is anticipated the composition of the relevant class will be comprised .of at least several thousand current and former LAUSD teachers who have. similarly been deprived of due process, and have endured arbitrary process, undefined investigations, indefinite stays in teacher jail, and capricious classroom removals. Damages Incurred to, Date: Reinstatement; Violation of constitutional rights and liberties, violation of due process, defamation of character, intentional in?iction of emotional distress, unfair business practices, intentional interference with economic relations; Injunction re denial of due process and arbitrary and capricious investigation. Where Damages or Injuries Occurred: Los Angeles Unified School District When Damages or Iniuries Occurred: March 2015 through the present; Applicable. statute. of limitations for anticipated class action Claims. Names of Persons Causing Injuries: Los Angeles Unified School District; Superintendent Cortines; DOES 1-50. Acts or Omission Causing Injuries: Violation of civil rights, violation of constitutional rights, wrongful removal from classroom, defamation of character. Amount of Money Claimed at this Time: Page 16 GERAGOS c? GERAGOS Claim for Damages June 22, J. To be ascertained, but within the "unlimited jurisdiction" of the Superior Court. Names and Addresses of Witnesses: Los Angeles Unified School District Employees referenced inthis letter, or in any way connected with, or related to, the wrongful conduct taken against Mr. Esquith. DATED: June 22, 2015 GERAGOS: 65? GERAGOS, APC Attorney or Rafe Esquith EXHIBIT Testimonials From the Media Rafe Esquith is my only hero. -?Sir Ian McKellen Rafe Esquith?s work at Hobart is a wonderful example of all that I argue for. It demonstrates that all students have deep talents and potential and that with the right inspiration and leadership, they can achieve miracles. --Sir Ken Robinson The Hobart Shakespeareans are the ultimate example of how and why Shakespeare should be performed. --The Royal Shakespeare Company Rafe Esquith is the most interesting and in?uential classroom teacher in the country. ??The Washington Post Rafe Esquith is a genius and a saint. ?The New York Times You can?t watch the little actors without wanting to cry. Why do you cry? I suppose it's happiness, really, and a regret that not all the children in the world could have a Rafe Esquith for a teacher. ??Sir Ian McKellen What thi?roup of students and their remarkable teacher are proving is that kids with no secure homes and no secure futures can learn to hope, and do, and become first class citizens. If there?s anything more important than that, please tell me. -?Hal Holbrook Egg! '5 tgldents Every graduation from middle school to college, I?ve thought back on my days as a Hobart Shakespearean. Room 56 gave me the guidance and audacity to undertake any challenges the world would present. RedaCt class of 1995 It?s my last year of college and I still can?t believe it. It?s been thirteen years since I ?rst entered your classroom. At the time, I thought I did all of the activities because they were enjoyable. College had been very stressful, but I have been able to keep calm. I realize I might already have had a breakdown if I had not learned the life lessons I learned in your class. From playing the guitar to the trips we took to the Shakespeare we studied, I see the bigger picture. Thank you for being with me always. Redacl, class of 1997 ml Your students made me cry tears of admiration, disbelief, and joy this evening. This entire year I haven?t seen something so beautiful and so heartfelt and so amazing! They must all understand their collective achievement and talent. Thank you so much to the Hobart Shakespeareans for making the world a better place. 539 Class of 1998 Without a doubt, your name pops up nearly daily in my conversations. Thank you so much, and I still hold onto so many of the things you have taught me. It truly helped me get to where I am today. I'm always amazed by what you did for our class, and the things you still do now. Fifef?f?, Class of 1999 I remember sitting in Room 56 hearing letters from former students thanking you for the immense impact you have had on their lives. I found it hard to fathom how this could possibly be so. It is not until now that I can understand the great in?uence you have had on the lives of those around you, including mine. Every opportunity that I face I fear might not have been there if it weren't for your presence in my life. 3599?, Class of 2001 I understand that your help and support as my teacher and mentor greatly shaped my American adventure. I won't be where I am without you. Thank you, Rafe. Looking back at: your work at Hobart with a older and, hopefully more mature perspective, I see the extraordinary in what you do. I want to share with you that you are a very special person to many and I hope you know the gratitude that I and many others feel towards you. Red Class of2005 nn?rn' I will truly miss being with you, Barbara, and my friends. It was a great experience that allowed me to grow as a person and learn who I really am. I thank you for everything you have done for my family, for your exceptional teachings, and for all the lessons you have taught me throughout these years of my life. Reda (?th Class of 2007 Mark, Superintendent, Arizona Your ideas have helped me shape my own classroom vision, and some of the obstacles I will confront on the journey. That is an immense aid to someone so eager to begin teaching but so short on experience. Thank you! - Tyson, teacher, Iowa I wanted to tell you that your philosophy on education has greatly shaped who I am and what I do as a teacher. Thank you so much. Ifmy students had a teacher like you when they were in elementary school, then my job would be much easier; Nevertheless, I try my best to instill in my own students the same values that you instill in yours. Colby, High School Teacher, Georgia No hype can approach what I saw on that April night. The mutual love and respect seen that nightrepresented a whole year plus a teacher?s reputation over the years. Although it was warm and kind, and the students were polished and sophisticated, methinks this teacher tolerates no nonsense! This training has a lifetime of value. Elaine, teacher, California I thank you for your wit and dedication. These have helped me to endure the rat race that DC is. THANKS SO ll Jason, Federal Government Employee and School AdministratOr The courageous footprints that you and your students have left, and continue to leave, will no doubt help us all ?nd our own path to excellence. Thank you for leading the way and making our steps just a little lighter. Boe, teacher, Oregon Real People From Around the You make me so happy, Mr. Esquith; I feel amazed by your deeds. I always repeat your words and think about what you would do in certain situations when I teach my students. Indira, teacher in Kosovo Many Chinese teachers and parents know you and take in your good ideas about children?s education. The suggestions mentioned in your books have made many teachers and parents rethink how to educate the children. I should say you have done a very great thing, not only for American children, but also for Chinese students. Jack, education writer, Chinese Press, People?s Republic of China Children here are pronouncing your name who normally only know TV stars. You are a star among my students! They want to come to school for more hours because of you. These days in Greece we are in the middle of massive strikes in education and days can be very difficult. I have to tell you that reading your books really help me at night, and make the work tomorrow less dif?cult. Voula, teacher, Athens It?s really hard to describe my happiness when I saw you.l Although we had never met before, you have been my model and mentor in my teaching! I apply the moral teaching in my class, and it works well. Because of you, my students know what a good person Should he Rebecca, teacher, Taiwan Teaching is not easy and in the past I felt a bit unmotivated. Your words gave strength. I have completely changed my idea of working with kids and my lessons started to be more effective, immediately. So I want to thank you; Thank-you for sharing your. personal expen?ence so that people who want to improve can get true inSpiration from you. I am so excited that I would like the school to start again tomorrow! Giulia, teacher, Italy What an achievement! It was great to see the kids sinking their teeth into the text?myou all clearly worked very hard but everyone was also having a fantastic time (audience included). Congratulations! Tracy, Director of Education, Royal Shakespeare Company EXHIBIT GERAGOS Ea GERAGOS A PEEIFEEHEINAL LAWYERS ENGINE Co. No.28 644 SOUTH FIGUEROA STREET LOS ANGELES. CALIFORNIA 90017841 1 TELEPHONE (213) 6253900 FACSIMILE (213) 625-1600 May 30,2015 Facsimile and Email Virgil A. County Investigator Of?ce of General Counsel Los Angeles Unified School District 333 South Beaudry Avenue, 14th 1. Los Angeles, California 90017 Re: In Re Rafe Esquith Dear Mr. County: It was a pleasure meeting you and Mr. Johnson last Tuesday, May 27, 2015. From our discussion, I understand the above-referenced LAUSD investigation was started following a report by Barbara Hayden Hobart Elementary School Technology Coordinator and Arts Supervisor where Ms. Hayden apparently did not realize the reference being made by Mr. Esquith to a classic book the students were reading in class. Ms. Hayden?s misunderstanding, and support of Mr. Esquith, is further evidenced by the recent unprovoked emails she has sent Mr. Esquith during the pendency of your investigation. Mr. Esquith has not, and will not, respond. I informed you during last week?s interview I would send you the emails which I don?t believe you knew existed. As promised, I have enclosed the emails. Again, it was a pleasure meeting with you. We look forward to a prompt resolution of this matter. Very truly yours, f5.? Ben Meiselas GERAGOS GERAGOS Enclosure cc: Ray Johnson; Mark Geragos From: Gmail In Re Rafe Esquith Voigt, Michael Wed, May 20, 2015 at 1:33 PM To: Ben Meiselas Cc: Mark Geragos Dear Mr. Meiselas, I apologize for sending a second email. My first email was sent prior to completion. LAUSD is actively investigating this matter. This includes fact finding and research in connection with the Hobart Shakespeareans program. lam not aware of the statements made by the investigator. We also understand and acknowledge that you are representing Mr. Esquith. However, as a part of fact finding, we believe we are well within our rights to contact Ms. Esquith directiy because he is in our employee. Sincerely, Wd?c MIKE VOIGT, JD COORDINATOR ?HI-Cb?Iudl ll.?an ll?I-l DIVISION or HUMAN Resounczs EMPLOYEE RELATIONS Los ANGELES UNFFIED SCHOOL DIsrRIcr 333 S. BEAUDRY Ave. Los ANGELES, CA 90017 (233) 241?8404 (FAX) EXHIBIT nnunuua Uiurlnu JLHUUL me I rm. 1 SERVICE CENTER EAST 2151 N. SOTO STREET, CALIFORNIA 90032 TELEPHONE: (323] 224-3100 Fax: (323)222-5702 ROBERTO A. MARTINEZ RAMON C. Co RTINES Or Scarian MICHELLE KING AREA Cams DEPUTY DP SCHOOLS UGENE HERNANDEZ RUTH PEREZ. Pal). ADMINISTRATOR or: OPERATIONS DEPUTY INSTRUCTION MIGUEL Dusr?tns ADMINISTRATOR or PARENT 8: COM Muutrv ENGAGEMENT IANET MONTOYA ADMINISTRATOR OF SPECIAL EDUCATION r"Supinerating 21? Century learners through leadership and service? June 1, 20 15 Dear Mr. Esquith, I am sending this letter to reiterate our previous discussions regarding contact with Students or Staff at Hobart Elementary School. It was brought to my attention that there is an out of state hip scheduled for July, 2015 to Oregon for the Shakespearean Theatrical Festival. At this time, I must remind you that this violates the current district directive given upon yoLIr being assigned to Home Status. The District has not authorized and will not this trip as evidenced by the lack of authorization via the proper channels for ?eld trip authorization. AS this trip shoold be cancelled. In addition, please immediately provide a complete list of the students including their contact inlormation. We plan to contact the students? parents to inform them that the trip is not authorized or sponsored by the District. Should you have any questions, please feel free to contact my of?ce. Sincerely, Wm? 1 I fa Mane. Davie Devereaux Operations Coordinatov Educational Service Center East EXHIBIT SCHEPER KIM HARRIS LLP Amos A. Lowder (213) 613-4689 alowder@scheperkim.com June 11, 2015 VIA. US. NIAIL Davie Devereaux Virgil A. County Operations Coordinator Senior Investigator Los Angeles Uni?ed School District Los Angeles Uni?ed School District 2151 N. Soto Street 333 South Beaudry Avenue Los Angeles, CA 90032 14th Floor Los Angeles, CA 900 1' Re: Hobart Shakespeareans: July 2015 Trip to Oregon Dear Messrs. Devereaux and County: On May 26, 2015, I contacted Mr. COunty to advise him of the Hobart Shakespeareans July 2015 trip to Oregon. I asked Mr. County if there was any reason that the trip should not go forward. I also asked Mr. County to identify any policies or procedures the District believes that the Hobart ShakeSpeareans have not complied with. Furthermore, I asked Mr. County to put any requests for information in writing and to reference the policy, procedure, or other authority that justi?es the request(s). During the call, Mr. County refused to identify any facts or other information that would warrant the Hobart Shakespeareans cancelling the July 2015 trip to Oregon, Instead, Mr. County merely referred to the pending investigation and the District's preference that the trip not go forward. I advised Mr. County that I would inform the Board of the District?s preference so that the Board could make an informed decision about the July 2015 Oregon trip. 60] West Fifth Street 0 12th Floor Los Angeles, CA 90071-2025 Telephone (213) 613?4655 Facsimile (213) 613-4656 SCHEPER KIM HARRIS LLP Davie Devereaux 1 it"irgil 9.. County June 11, 2015 Page 2 Though the District failed to respond to our requests, in the abundance of caution, on Tuesday, June 2nd, the Hobart Shakespeareans Board of Directors decided to cancel the July 2015 trip to Oregon. To date, the District has yet to respond to any of our requests for information regarding the investigation or the policies and procedures the District believes are at issue. Regards, Amos A. SCI-IEPBR KIM HARRIS LLP cc: Ben Meiselas EXHIBIT Date Dear Parent: Your child has been invited to participate in a privately sponsored trip for the dates of Please be advised that this tour has not been approved by the Los Angeles Uni?ed School District and is not a school-sponsored activity. Your child?s participation in such a tour is a private matter between you and Rafe Esquith. Students who are absent from school during the time regular school is in session will have their attendance cards marked with an ?unexcused absence? for the days missed. Any chaperon who provide supervision for minors on this tour do so as private citizens, and are in no way authorized to perform such supervision as school district employees. Neither Hobart School nor LAUSD is responsible for the education, supervision, or welfare of your son/daughter during this trip and therefore, neither will compensate, insure or indemnify you or your child for any incident, loss of property, illness or injury that may occur during the tour. Sincerely, Rafe Esquith I have read the letter and understand that this tour has not been authorized by the Los Angeles Uni?ed School District. signature of parent/ guardian EXHIBIT - HOBART BOULEVARD ELEMENTARY SCHOOL - - . .IIL. {1131 .. I . . '75: 51511301 Infurmatinu Our Faml?lty For Parents - Contact Us i 201 .20 LA I: ?egkly NewsIetter Find out what is going on this week. I I Banked Time - Testinu - Con?rm?cg Data; BULLETIN I English h1- EEani?h i HOBART PRIDE Every 1 I I I Important Dates fur April I Proud Home of Rgfe Esguith and The Hobart II - SHOW YOUR SUPPORT for i T-SHIRTS $10 POLOS $18' Click to enlama photo I- I CITIZENS OF THE MONTH and RISING I I i ?"Agril 2m I Pics of Visitinq DO. and Lavina a Wreath on the Tomb 0f the Sutdiere i Click Links to View Photos of Hobart Events I r. Pul er's 3rd ade Code Gr Test 8 I i 51h Greg yigijg ?1g gm EXHIBIT lune 11, El] 15 Dear Hobart Family, I am writing this letter, regretfully, to let you know that have been offered and have accepted a principal position at Charles Kim Elementary School for the next school year. I am so lucky to have spent the last twenty-four years in this wonderful place called Hobart. Hobart has been a second home and family to me. I ?nd myself struggling with a gamut of emotions as I leave. I would like to express my gratitude to every member of the Hobart staff and community for the kindness, encouragement, and generous displays of friendship you have afforded me throughout my twenty-four years. I?ve heard it said many times that "Hobart is a special place.? I can now say with heartfelt sincerity that Hobart is a special place. I will always carry a piece of it with me. I am looking forward to new and different challenges in my next assignment. I will miss you, but please know that I am only a phone call away. I will be at school next week from Wednesday to Good luck to all of you in your personal lives as well as in your careers. I wish you the best that life has to offer. I look forward to seeing you in the future God bless you! Jonathan Paek EXHIBIT INTEROFFICE CORRESPONDENCE Los Angeles Uni?ed School District Educational Service Center-East DATE: May 13, 2015 Redacted TO: Rafe Equith, FROM: Davie DevereaUJi?,? Operations Coordinator SUBJECT: Investigation of Alleged Misconduct am directing you to meet with Virgil A. County, Senior Investigator for the Los Angeles Uni?ed School District (LAUSD) regarding allegations of inappropriate conduct. The appointment has been scheduled for you as follows: DATE: Wednesday, May 27, 2014 TIME: 11:00 am. LOCATION: Educational Service Center-East 2151 North Soto Street Los Angeles, CA 90032 Of?ce: (323) 224-3100 Failure to follow an administrative directive may lead to disciplinary action, such as but not limited to a Notice of Unsatisfactory Acts(s), Notice of Unsatisfactory Service, and/or Suspension and/or Dismissal. You may have a representative present at this meeting. If you desire representation, please make your own arrangements prior to your scheduled interview. The LAUSD shall not be responsible for coordinating the attendance or scheduling of your representative. Sent via US Mail and Certified Mail No. 7014 0510 0002 1519 9784