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    Sunday, May 19, 2024

    New London school district seeks dismissal of employee's lawsuit

    New London — The school district has asked a judge to toss out a lawsuit filed by suspended middle school Director Alison Burdick, calling her claims of defamation and retaliation unfounded.

    Superintendent Cynthia Ritchie placed Burdick on paid administrative leave May 8, based on a “concern about the handling and possible dissemination of confidential information.” Other administrators and teachers were placed on leave for a variety of reasons.

    Burdick’s response was to file suit, claiming in part that she was being retaliated against, unfairly disciplined and inappropriately linked to an unfolding sex scandal in the school. She argues she was trying to aid an ongoing police investigation when she handed over school documents to police.

    As part of the motion to dismiss the case filed in New London Superior Court last week, Ritchie alleges that Burdick, at the onset of the investigation into former middle school climate specialist Corriche Gaskin, made a “unilateral decision to provide unsolicited information" to the New London Police Department.

    Burdick gathered 153 pages of student educational records and data and on April 12 handed them in an envelope to New London police Detective Richard Curcuro, who was a part of the Gaskin investigation, Ritchie said in her affidavit to the court.

    Ritchie called the move a “blatant disregard of directives,” since it came on the same day Burdick and other school administrators, having previously been asked by the school administration to cooperate with police, also were warned not to provide any student information.

    Gaskin was the target of a sexual assault investigation at the time and now faces numerous felony criminal charges that include allegations he sexually assaulted two middle school students in the 2016-17 school year and shared homemade cellphone videos of his sexual encounters with at least two school employees.

    Curcuro had not requested the information he received from Burdick or provided a warrant allowing him to review the information as part of the case. He called Ritchie and returned the documents, recognizing them as student records, court records show.

    Ritchie, in her affidavit as part of the lawsuit, said the documents are subject to the Family Educational Rights and Privacy Act and turning them over to police was a violation of both school board policy and the Connecticut Code of Professional Responsibility for School Administrators.

    On May 5, Ritchie said, Burdick shared information with police again, sending along four emails to Curcuro “in an attempt to show she did not supervise Gaskin.” One of the emails, dated June 29, 2016, was from former Director of Special Services Kristina Jordan and explains that Gaskin and another school employee were to report to middle school administrator Larry Washington.

    “She clearly knew at the time she sent the emails to Detective Curcuro that it was inappropriate for her to do so and a direct violation of prior directives about sharing information with the NLPD,” Ritchie wrote.

    Burdick had been disciplined by Ritchie for inappropriate handling of student information earlier this year. On March 21, Burdick had pulled two seventh-graders from class to help stuff report card envelopes. Ritchie said it was possible for students to view other students' confidential grades and educational records.

    Ritchie had a “counseling session” with Burdick about the incident.

    Who supervised Gaskin?

    Gaskin, who before a transfer to an elementary school for the start of the 2018-19 school year, had worked first as an in-school suspension supervisor and later as a school climate specialist with troubled youth at the middle school. He had access to student records and had students directed to him by several administrators.

    While Burdick was the overall principal at the school in 2016, the school was in transition in the 2016-17 school year as it was split into three magnet pathways. Burdick initially was the director of the leadership magnet pathway. Washington was director of the STEM magnet program and Renzulli Academy. Reports from The Day indicate Kate Fioravanti was serving as acting director of the arts pathway and Maribel Olivero was serving as the principal on special assignment.

    Burdick alleges in her suit that Olivero and Washington were Gaskin’s supervisors once Burdick was shifted from a principal to a director position.

    Ritchie, who joined the district in 2018, argues in court documents that Burdick did have some supervisory authority over Gaskin in the 2016-17 school year, continued to have a shared responsibility over Gaskin with other directors in subsequent years and had recommended Gaskin for several after-school enrichment programs that she oversaw.

    Burdick had leveled a series of other charges against administrators in her lawsuit, all discounted by the defense. The school district employees and school board members are represented by attorney Johanna Zelman, who declined to comment Tuesday night.

    Response to other claims

    Burdick claims that in a May 7 special meeting of the Board of Education, the board invited various administrators and police into an inappropriate executive session. She claims former superintendent and current school board member Manuel Rivera and board member Mirna Martinez “defamed” Burdick at the meeting by making false statements about her personal and professional integrity. The statements harmed her reputation and caused severe emotional distress, Burdick claims in the suit.

    In statements provided to the court, various administrators and board members all deny any mention of Burdick at the closed-door meeting and deny any police were present. They also defended the presence of various personnel at the meeting.

    Burdick also claims Ritchie, during public informational meetings surrounding the Gaskin scandal, allowed parents and members of the public to defame and libel her “and has done nothing to correct these parents and members of the public of their false statements.”

    “At no time did I discuss Dr. Burdick in any of these forums, nor did I encourage anyone to discuss Dr. Burdick. I did not encourage or engage parents or members of the public to talk about Dr. Burdick, defame her or harm her reputation,” Ritchie responded.

    Burdick also claims to have been targeted by Ritchie and retaliated against for reporting Ritchie to the state Department of Children and Families for “failing to protect the students against sexually deviant behavior of the employees and staff."

    Ritchie claims Burdick never actually filed a DCF report against Ritchie and said DCF has no record of any such complaint.

    Burdick alleges that Kate McCoy, executive director of planning, administration and government relations, also engaged in a campaign of defamation, sent disparaging text messages about Burdick and denied Burdick's request to provide the school with sexual assault awareness training.

    McCoy and Ritchie deny any request was ever made.

    Burdick has referred any questions to her attorney, James Sullivan, who could not be reached to comment for this report.

    It is unclear if Burdick remains on paid administrative leave. The Day has a pending request with the school district for information relating to various employees who were placed on leave during the Gaskin investigation.

    Since that time, Ritchie announced a restructuring of administrative positions and named Burdick as the director of adult education and Washington as the athletic director.

    An ongoing police investigation has led to two other arrests. Former Bennie Dover Jackson Middle School teacher Melissa Rodriguez, 35, has pleaded not guilty to charges that she failed to carry out her legal duties as a mandated reporter. Former middle school paraprofessional Jevon Elmore, 25, is charged with second-degree sexual assault. It remains unclear if there is any connection among the cases, since court documents remain sealed.

    g.smith@theday.com