The Chicago Board of Education is asking a federal judge to dismiss a lawsuit by the former principal of Marine Leadership Academy, who was fired in November, near the end of a two-year investigation into sexual misconduct allegations at the Logan Square military school.
Erin Galfer — whom Chicago Public Schools officials said failed to report “several instances” of prohibited conduct between adults and students at Marine Leadership Academy — filed a suit in February against the Chicago Board of Education, CPS CEO Pedro Martinez, CPS Inspector General Will Fletcher and CPS Title IX Officer Camie Pratt.
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In her suit, Galfer describes herself as a scapegoat for the “board’s widespread failure to protect CPS students from sexual predators” and a victim of a CPS “campaign of lies and deflection about its knowledge and culpability.”
Galfer says she was fired without the opportunity to rebut the allegations against her, and she was portrayed in a false light. Her claims include defamation and intentional infliction of emotional distress.
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In their response to the suit, attorneys for the Board of Education on Friday denied most of Galfer’s allegations and asked a judge to rule in the board’s favor and award it attorneys’ fees.
Galfer’s attorney, Jonathan Karmel, declined to comment Friday beyond what’s in the suit. A CPS spokeswoman said the district does not comment on ongoing litigation.
A longtime CPS employee, Galfer said in her suit she became principal in 2015 of Marine Leadership Academy, which serves grades 7-12. Last summer she was promoted to deputy chief of the CPS Office of College and Career Success, and she became acting chief of that office in August 2021.
Weeks later, on Nov. 2, Galfer was called to a meeting with Maurice Swinney, who was CPS’ interim chief education officer at the time, and Lauren Clair-McClellan, then CPS’ acting chief talent officer, according to the suit. Swinney asked Galfer to resign or “face other issues” based on a forthcoming CPS inspector general report, but did not give “any specific reason for the demand she resign,” the suit stated. Galfer said she refused to resign.
In its Friday response to the suit, the board admitted the Nov. 2 meeting between Swinney, Clair-McClellan and Galfer took place, but disputed Galfer’s characterization of the conversation. The meeting was to “discuss her employment options in light of several investigations involving Marine Leadership Academy,” according to the filing. Swinney has since left CPS, while Clair-McClellan is the chief talent officer.
Galfer said in her suit she was told at a Nov. 5 meeting she was fired, but she was not “provided any facts or a reason for (her) discharge.”
A termination letter she received later that day informed her the CPS inspector general identified “serious concerns about systemic failures by former Marine Leadership Academy (MLA) administrators, including you, to properly report, respond and take further action to prevent sexual misconduct, to remedy a toxic and unsafe school environment, and to properly train MLA employees and military personnel to report such allegations,” according to the suit. A “do not hire” designation was placed on her file.
On Nov. 19, Martinez held a news conference outlining the misconduct allegations against multiple Marine Leadership staff members. In her suit, Galfer calls several of Martinez’s news conference comments false, including one in which he said Galfer was fired because she was one of the employees who failed to report misconduct.
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In her suit, Galfer maintains that she “reported all incidents of sexual misconduct at (Marine Leadership) she was aware of, and in accordance with the policies and protocols in place at the time.” In its Friday response, the board denied that statement is true.
The inspector general’s office released a summary of the Marine Leadership allegations on Nov. 19 and a report on Dec. 23 at the conclusion of its investigation. The OIG said the investigation began in April 2019 when it received complaints that two staff members had allegedly engaged in sexual abuse of students at the school. The OIG said it provided a list on April 4, 2019 to “stakeholder departments within CPS” of employees, including the principal, who were “alleged to have known about the abuse and failed to report.”
The OIG investigation in December said it substantiated allegations against 13 people, including three adults at Marine Leadership Academy found to have engaged in sexual misconduct and seven who were found to have failed to report potential misconduct in a timely manner or at all.
Galfer wasn’t named in either of the OIG reports, but the Marine Leadership principal is referred to as “Subject F.”
The inspector general’s investigation found “Subject F failed to report several instances of prohibited conduct.” The December report continued: “Subject F also contributed to a dysfunctional and divisive environment, which played a role in whether (Marine Leadership) staff members reported violations of CPS policies at all and how the reporting was handled (or mishandled).”
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In one case, Subject F is accused of knowing, but not reporting, that a student changed clothes in a teacher’s classroom while they were alone and the door was closed. Subject F had warned this teacher about spending time alone with students in his classroom as early as 2017, the OIG said.
In another case, Subject F is accused of knowing about prohibited conduct for more than six months but only reporting it 15 minutes after a Department of Children and Family Services investigator made an unannounced visit to the school. In her suit, Galfer said these statements are false.
The inspector general’s office also accused Subject F of violating the CPS volunteer policy by failing to ensure that an adult identified as “Subject K” had completed a fingerprinting and background check before he was allowed to engage with Marine Leadership students.
Subject K had “numerous interactions with students alone and outside of school, including calling and texting students, taking students to meals, and going for walks with students,” but was not found to have groomed any students, according to the OIG.
In her suit, Galfer said CPS previously investigated the background check claim and found she believed Subject K was “properly cleared to be in the building for the 2019-2020 school year.” Galfer said in her suit CPS determined on June 15, 2020 that no disciplinary action would be taken against her in that matter. In its Friday filing, the board confirmed it decided in June 2020 not to take formal disciplinary action against Galfer with regards to that incident.
Galfer said in her suit false statements by the board’s high-ranking employees caused her severe emotional distress and destroyed her ability to secure employment both within and outside of CPS.
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She is seeking her job back, lost wages, “mental and emotional damages,” other damages and attorneys’ fees. She is requesting a jury trial. A case status report is due to the court on May 13.
tswartz@tribpub.com