In March 2023 Frank intervened in a female student's attempt to begin an altercation with other students. As a Principal with 15 years experience, Frank intervened to de-escalate before an altercation could begin, believing this was safer than involving armed police on school grounds or allowing the student to continue towards an altercation. As a matter of standard protocol, the day it happened Frank registered the incident to the NJ Division of Child Protection & Permanency (DCP&P), which found no substantive cause to investigate.
James Davis of the so-called Black Parents Workshop (BPW) learned of this incident (possibly through staff and/or a police liaison who has disagreed with Frank’s efforts toward restorative justice and keeping police out of our schools); he guided the family in filing an Affirmative Action complaint against Frank, accusing him of bias against Black female students. BPW has openly searched for new cases like this in order to substantiate its Feb. 27, 2018 suit on behalf of four plaintiffs, alleging violations of federal and state anti-discrimination laws. BPW settled that suit and through the process, erroneously and problematically became considered the portal through which the District measures its compliance with anti-discrimination. One of the four plaintiffs was Elissa Malespina, who later, as a BOE member, knowingly gave a recalled report to the Maplewood Police Department, leading to Frank’s arrest (see #6 below).
Normally, an Affirmative Action complaint would cause an investigation by the district’s Affirmative Action Officer, in our case Dr. Gilbert. However, after the BOE (under then-BOE President Kaitlin Wittleder) fired Superintendent Ronald Taylor, Dr. Gilbert became the Interim Superintendent, and as Frank’s direct supervisor, could not conduct the investigation. As a result, the BOE chose from among a slate of state-vetted vendors and engaged Cooper Levenson, an influential Atlantic City law practice specializing in education related issues.
In December 2023, Carl A. Taylor, now formerly of Cooper Levenson, sent a draft report to the district. Immediately after this draft report was provided to the BOE, the district was surprised to hear from Taylor’s supervisor, William S. Donio. Donio said that the report was incomplete, had not been vetted, and should not have been sent. He instructed the district attorney and BOE to disregard the report as inactionable and to await a full and vetted report.
In an excess of caution and in order to correct the process, the Board agreed on 12/21/23 to initiate a new, fully vetted investigation. As a matter of standard required compliance, they directed Dr. Gilbert to call the matter into DCP&P and to notify Maplewood Police Department. Notifying MPD serves as a courtesy FYI, and MPD did not pursue the matter at that time. Also in an excess of caution, Dr. Gilbert placed Frank on paid leave.
Approximately one week later (end of December 2023), then-BOE member Elissa Malespina took the inactionable and recalled report to Maplewood PD – escalating it to a criminal referral. Knowingly leaking a privileged and invalidated report about an employee is possibly a violation of Board ethics. Sadly, the MPD never requested evidence from either Frank or the school district. MPD created their charging document, which sounds almost verbatim like the inactionable report, and took that to the Essex County Prosecutor’s Office.
In March, Cooper Levenson delivered a vetted report about the Affirmative Action complaint to the school district. The investigator, Mr. William S. Donio (Chairperson of the Education Law Department), concluded that there was no record of bias on Frank’s part that could possibly lead to an Affirmative Action violation, and that Frank’s behavior was not in any way unbecoming a Public Official. On March 11, Frank’s Union lawyer told him that this report cleared him with a recommendation he be immediately reinstated and returned to his job as CHS principal. As a result, Frank was mentally preparing to return to work.
Three short hours later, ECPO issued an arrest warrant, alleging second degree felony assault and child endangerment. Stunned, Frank presented himself on the warrant and was held overnight in a jail cell. Some people believe ECPO was tipped off that Frank was going to be cleared, resulting in criminal charges that would stop his reinstatement.
Friends of Frank formed as an ad hoc, multi-racial committee of mothers led by Black women. We are mobilizing our community to get the charges against Frank dropped and to show care for both the child involved in this incident (who we believe is being exploited by bad actors) and the other children who were spared from an altercation. Our kids need us to do better.
We organized a rally for Frank attended by over one hundred people, spoke at BOE meetings, and raised needed funds for Frank to retain an excellent attorney. We know our community still has a long way to go to undo patterns and practices that have discriminated against African-American students. We work in many year-long efforts to make this a reality and hope you will lend your labor to get involved in the real work of community transformation. The work is hard and there is much to do.
In the short term, we need justice for Frank NOW. We know our kids also need access to real school support, and we need District-wide restorative justice. Our community can bring about justice AND get these trumped up charges dropped so Frank can return to CHS where he belongs. Your help can make ALL the difference! Please join us and make your voice heard.