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Sunday, April 28, 2024

CPS must give ex-Urban Prep CEO full records CPS used to justify his ouster

Lawsuits
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Timothy King | Urban Prep, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0>, via Wikimedia Commons

Timothy King, the founder and former CEO of Chicago South Side charter school Urban Prep Academies, has won the right to review the full administrative record cited by Chicago Public School officials to justify his removal, when King claims he was railroaded out of his post by "wild accusations."

On Dec. 6, Cook County Judge Eve Reilly granted the request by King to force CPS to turn over the "entire administrative record of proceedings" related to CPS' investigation and subsequent ouster of King.

In her ruling, Reilly rebuffed efforts by CPS to keep those records from King and his lawyers, saying it was clear that CPS officials "necessarily resulted from information contained in and gathered from" the documents CPS fought to withhold.

King and CPS have squared off in court since September 2022, when the former Urban Prep chief executive filed suit in Cook County Circuit Court against CPS, the Chicago Board of Education and CPS' Inspector General Office.

King has been represented in the action by attorney Andrew R. DeVooght and others with the firm of Loeb & Loeb, of Chicago.

In his lawsuit, King says he was all but forced to resign from his longtime post at the top of Urban Prep Academies amid accusations of sexual misconduct and an inappropriate relationship with a former student, identified in the complaint only as I.D.

King resigned as head of Urban Prep in August 2021 after CPS' Inspector General issued a report purportedly corroborating accusations against King by the former Urban Prep student and employee.

According to a report published in August 2021 by WBEZ, sources allegedly told WBEZ reporters that the report indicated King “groomed” the student, beginning at the age of 16, leading to “years of alleged inappropriate sexual activity.” The report also allegedly indicated King provided money and support to the student after graduation.

King has consistently denied all of the accusations, and vowed he would take to the courts to resume his role within the Urban Prep organization. At the time of his resignation, King’s attorney described the CPS investigation as a “kangaroo” investigation, according to the WBEZ report.

Those claims were amplified in his lawsuit. King claims he was railroaded as a scapegoat amid a slew of embarrassing revelations related to CPS' handling of sexual abuse allegations under Title IX. 

Those revelations, headlined by a 2018 report from the Chicago Tribune, triggered an investigation and enforcement action from the U.S. Department of Education.

King claims CPS' investigation of the allegations against him were conducted unfairly and in violation of CPS' own procedures. Particularly, he has claimed CPS refused to allow him to defend himself or participate in the disciplinary process.

In his lawsuit, King is asking the court to reverse all of CPS' findings against him and the associated disciplinary actions.

King founded Urban Prep in 2003, growing the network from one public charter school in Chicago's Englewood neighborhood to three currently. Urban Prep has been lauded for years for its success in helping young males, primarily from the predominantly Black communities on Chicago's South Side, to succeed academically. Urban Prep has consistently been recognized for sending 100% of their students to college, according to published reports.

However, the fate of the school remains uncertain. In the fall of 2022, CPS attempted to shut down Urban Prep entirely, when the Chicago Board of Education voted not to renew Urban Prep's charter. In justifying that decision, the CPS Board accused Urban Prep's leadership of mismanagement and of failing to properly respond to the alleged accusations of misconduct against King.

Urban Prep challenged that non-renewal in court, and in July, a Cook County judge agreed that CPS' attempt to take over Urban Prep was likely illegal, violating a state law forbidding any Chicago schools under the control of Chicago Board of Education from being closed until at least January 2025.

That judge also acknowledged the closure of Urban Prep would harm the school's students and families.

CPS appealed, but Urban Prep remains in operation this school year.

As of 2022, Urban Prep had about 1,500 students.

Meanwhile, King has continued his lawsuit, accusing CPS of forcing him out.

As part of that action, King and CPS have spent much of 2023 fighting over whether King should gain access to the documents and reports CPS allegedly relied upon when ousting him, and then using that removal to justify CPS' attempted takeover at Urban Prep.

King claimed he needed the full administrative records to make his case in court.

In response, CPS argued its Title IX officer Camille Pratt did not rely on the contested documents when urging King's removal.

Judge Reilly, however, said that is too simple.

The judge said Pratt may not have reviewed the full administrative record, including all so-called "Case Activity Reports" that were used by the CPS Inspector General's office when preparing its report. But she said Pratt's decision still emanated from the OIG's report, which relied on those CARs.

"Pratt's communications, and final decision show she analyzed the reasonableness and comprehensiveness of the OIG's investigation," Reilly wrote in her order. "Because Pratt was presented with OIG's comprehensive investigation, her determination to terminate King necessarily resulted from information contained in and gathered from the CARs and attachments.

"... The results of OIG's comprehensive investigation into the allegations against King were fundamental to his termination, designation on his personnel file, and his exclusion from CPS property, which gives rise to the underlying administrative review claim of King's termination."

CPS was given 28 days from Dec. 6 to turn over the information.

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