Notice of Intent to Arbitrate – Dean v. O’Farrell Charter Schools
To:
JAMS San Diego Office – 401 B Street Unit 2100, San Diego, CA 92101
Claimant:
Dr. Jonathan Dean, Former Superintendent of O’Farrell Charter Schools
Respondent: O’Farrell Charter Schools, San Diego

Claimant Dr. Jonathan Dean hereby submits this request for arbitration pursuant to the JAMS
Streamlined Arbitration Rules and the Superintendent Employment Agreement entered into
between Claimant and O’Farrell Charter Schools.
Nature of Dispute
O’Farrell Charter Schools (OCS) Superintendent Jonathan Dean requests arbitration of a dispute
entailing labor code, contract, and tort claims.
Dr. Dean was accused of misconduct relating to
whom he mentored. Dr. Dean denies any wrongdoing. OCS placed Dr. Dean
out on a paid leave of absence effective late-January 2020 pending investigation(s), blocking his
access to OCS email and forbidding communications with any OCS agents. OCS terminated Dr.
Dean’s employment in June 2020 and has yet to fulfill all the terms of his employment contract.
Claimant’s Claims
(1) Compelled self-publication of defamatory statements
Dr. Dean has been forced to convey the circumstances surrounding his separation from OCS and
the underlying accusations by
, resulting in reputational harm and damaging future
employment prospects.
(2) Misrepresentations intended to prevent re-employment (Cal. Lab. C. §§1050 and 1054)
Upon information and belief, OCS board members have perpetuated untrue and salacious
allegations against Dr. Dean as “facts,” intending to damage his future employment prospects.
(3) Failure to provide conflict of interest (Cumis) counsel (Cal. Civ. C. §2860, SD Navy Fed.
Credit Union v. Cumis Ins.Society, Inc. (1984) 162 Cal.App.3d 358)
OCS did not provide conflict of interest counsel in the investigation leading to Dr. Dean’s
separation.
(4) Violation of personal and personnel privacy
OCS violated Dr. Dean’s right to privacy and disclosed confidential personnel matters when
certain OCS board members discussed the investigation and allegations against him outside closed
session. Without Dr. Dean’s knowledge or permission, OCS agents reviewed personal phone
records and counted the number of calls between Dr. Dean’s accuser as compared to other OCS
personnel before sharing this information with Board members.
1 of 2   P a g e s
OCS, pg. 16

 (5) Age discrimination
Dr. Dean is over the age of 40 and alleges that a substantial motivating factor in his termination is
his age.
(6) Wrongful termination in violation of public policy (whistle-blower retaliation)
After bringing concerns of his reasonable belief the OCS board was violating conflict of interest
and other school policies, rules, or regulations, OCS terminated him in retaliation.
(7) Conversion
After dismissing Dr. Dean’s employment without cause, OCS kept certain property, including
personal credit and phone records, which belong to Dr. Dean.
(8) Breach of contract
The Employment Agreement provides for benefits until age 65 upon termination, and 12 months’
pay upon termination without cause, neither of which have been fulfilled to date.
Statement of Arbitrability
The enclosed Superintendent Employment Agreement, including signed amendments, provide for
arbitration of any disputes arising out of the employment relationship at the JAMS San Diego
offices. Dr. Dean has engaged in settlement attempts and now desires to initiate arbitration to
establish the facts and evidence confirming the above claims before a JAMS arbitrator.

___________________________
Jon Vanderpool
Counsel for Claimant, Jonathan Dean

Enclosures:
1) Superintendent Employment Agreement, and signed amendments

2 of 2   P a g e s
OCS, pg. 17