Federal judge orders CBSD, Abram Lucabaugh not to delete documents in teacher lawsuit

Jo Ciavaglia, Bucks County Courier Times
Updated ·3 min read
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Fallout over a controversial $700,000 superintendent buyout in the Central Bucks School District has found its way into a federal lawsuit involving a district middle school teacher alleging retaliation.

In separate orders Thursday, U.S. District Judge Timothy Savage ordered the district and its former superintendent Abram Lucabaugh not to destroy any documents that could be relevant to a lawsuit filed earlier this year by Andrew Burgess.

One of the orders is directly related to the severance package the district approved for Lucabaugh Nov. 14, his last day as superintendent.

From left, students, Julien Jones, Rowan Hopwood, Cameron Davis, and Oscar Morpurgo, march with a dozen others students outside Lenape Middle School in Doylestown Borough, on Tuesday, May 10, 2022, protesting the recent suspension of Lenape Middle School teacher, Andrew Burgess. The rally drew a small group of students from Lenape and other area schools, chanting phrases like, "Protect trans youth" and "Bring back Burgess."

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Savage ordered Lucabaugh not to delete any information, “confidential or otherwise,” from his district-issued laptop. Both Lucabaugh and the school district are named as defendant’s in Burgess' lawsuit, which was filed in April. Lucabaugh is being sued in his official and individual capacity.

The ACLU of Pennsylvania, which represent Burgess, filed a motion seeking to preserve the laptop contents following the approval of Lucabaugh’s buyout package which included language allowing him to keep his district-issued laptop.

Witold Walczak, legal director for the ACLU of Pennsylvania said he filed the motion after the attorney representing the district did not respond to his email raising concerns about preserving documents on the laptop.

The agreement let Lucabaugh keep the computer on the condition that “all confidential district information is deleted prior to Nov. 30.” The outgoing school board approved an agreement to keep Lucabaugh as a consultant through the end of this month.

The laptop language is troublesome because it appears the school district is directing Lucabaugh to destroy potential critical evidence in a lawsuit, Walczak said.

Abram Lucabaugh, left, Central Bucks School District superintendent, and Dana Hunter, school board president, listen as parents, students and community members speak during the public comment period of a school board meeting in Doylestown Township on Tuesday, July 26, 2022.
Abram Lucabaugh, left, Central Bucks School District superintendent, and Dana Hunter, school board president, listen as parents, students and community members speak during the public comment period of a school board meeting in Doylestown Township on Tuesday, July 26, 2022.

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What does the second order against CBSD and Lucabaugh say

Savage also issued a separate order against the district and Lucabaugh directing them not to delete any emails or other communications including text messages.

The judge cited concerns about a recently revised email retention policy which he described as “inconsistent with the duty of the parties to preserve all documents and electronically stored information.”

Under that policy, emails are automatically purged from the archives after 18 months. Policy exceptions include if there is a “specific court order” or the district has received a litigation hold notice.

The board approved the policy update in August, the same month the Burgess’ attorneys made their request for discovery materials related to the case.

As of Thursday, the district had not submitted any written or electronic communications involving Lucabaugh or the GOP-majority board members despite repeated requests, Walczak said.

The only documents the district has produced are the publicly available “incomplete” Duane Morris discrimination investigation and Burgess’ personnel file, he added.

“It raises serious concerns,” Walczak added.

Savage has set a deadline of Monday for the district to produce discovery materials.

What Andrew Burgess alleges Central Bucks teacher alleges suspension, retaliation for standing up for LGBTQ students

What is the Andrew Burgess lawsuit about

Burgess is alleging the district and Lucabaugh violated his civil rights and retaliated against him for filing a federal discrimination complaint on behalf of a transgender student who endured unresolved harassment and bullying at school last year.

The district maintains that Burgess was suspended for violating a board policy requiring employees report student bullying and harassment complaints to building principals.

Burgess alleges the policy was not put in place until a month after he was first suspended last year.

Central Bucks School District suspended Burgess with pay in 2022 and a second time on April 21, one day after a special board meeting where the findings of the district-led investigation into anti-LGBTQ discrimination allegations were presented.

The report, which cost more than $1 million, accused Burgess and other “democrat activists” of conspiring against the GOP-majority school board to create a public perception the district routinely ignored LGBTQ student complaints of harassment and bullying.

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This article originally appeared on Bucks County Courier Times: Why CBSD, Abram Lucabaugh ordered not to delete documents on laptop