Retaliation Lawsuit Settled By Central Bucks School Board, Teacher

DOYLESTOWN, PA ? The Central Bucks School Board on Tuesday voted 5 to 1 to settle a lawsuit with suspended middle school teacher Andrew Burgess who sued the district in federal court alleging retaliation by the district for his advocacy for the LGBTQ community.

"The board, after consideration of all factors, has determined that it is in the best interests of the school district to approve the settlement agreement," reads the agreement approved by the board on Tuesday. The school board provided no additional details.

Burgess was suspended in May 2022 for violating district policy after he allegedly failed to report the bullying of a student to administrators and instead filed a complaint with the U.S. Department of Education Office for Civil Rights. In the complaint, Burgess alleged that administrators repeatedly failed to address targeted harassment of a trans student by the student?s classmates.

?This particular student's experiences had been reported to the administration repeatedly," said Burgess in his lawsuit. "But instead of properly addressing the situation, the district's administration disciplined me and then accused me of the very thing that they themselves had done. They failed to act at a time when this student needed their help and support."

In April 2023, the ACLU of PA filed the federal civil rights lawsuit on behalf of Burgess against the Central Bucks School District over his suspension alleging he was retaliated against by the administration and the former school board for advocating for LGBTQ students. The lawsuit stated that the district had violated both the First Amendment and Title IX, a federal anti-discrimination statute, by retaliating against Burgess for his speech and for reporting discrimination on the basis of sex.

"We are happy to have this dispute behind us and welcome Andrew back to the classroom," said Board President Karen Smith reading from a prepared statement. "Mr. Burgess, we are all feeling that while the resolution of your lawsuit may legally end the conflict, it does not take away the pain you had to endure as a result of questionable findings about you in the report and public presentation by the Duane Morris law firm. We have removed the video of that presentation and any evidence of that report from our district website. Please know that you are a respected and valued member of our staff and we look forward to seeing you back in class."

Board member James Pepper voted against the settlement. "I can understand the pressures a defendant is under in matters such as this because you can make the argument that litigating it may be more costly than settling it. But there have been no depositions taken in this case - not one. That, to me, is very problematic. But much more important was the way this ligation was handled. We had our insurance canceled at one point. We had an attorney enter his presence where there was a crystal clear conflict of interest. For me, the resolution of this matter causes me great concern. I don't understand how we can settle a case when we have yet to take a single deposition."

Board member Susan Gibson agreed with some of Pepper's concerns, but she added, "I believe it's in the fiduciary interest for this district to approve this settlement."

In a press release posted on its website, the ACLU of Pennsylvania announced the settlement of the lawsuit and said "now a beloved teacher will be able to resume his career and reclaim his reputation.?

?This settlement is a win for Andrew Burgess and for teachers everywhere who fearlessly defend their students? right to be their full, authentic selves,? said Witold Walczak, legal director of the ACLU of Pennsylvania. ?We are pleased that the district?s new leadership has recognized that Andrew Burgess?s work to create a welcoming and nurturing environment for all students, regardless of who they are or their personal circumstances, is one of the school community?s greatest assets.?

As part of the settlement, the district has agreed to correct false allegations in Mr. Burgess? personnel file, remove a report from the law firm Duane Morris from all district-maintained websites, and immediately reinstate Burgess to his teaching position. The district also agreed to pay Burgess $100,000 in damages, plus his attorneys' fees.

?The support I have received from union members, former students, and members of the community has been instrumental and often overwhelming,? said Burgess. ?I am hopeful that this can be an opportunity for Central Bucks to develop greater institutional courage, to treat all staff members with respect, and to create safe school environments for all students. I stand in solidarity with everyone fighting back against this national campaign to harm trans children and intimidate educators."