Professional Documents
Culture Documents
Cousins Lawsuit That Triggered Firing
Cousins Lawsuit That Triggered Firing
The information collected on this form is used solely for court administration purposes. This form does not supplement
or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action
S ✔ Complaint Writ of Summons Petition
E Transfer from Another Jurisdiction Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
T SCOTT D. COUSINS UNIONVILLE-CHADDS FORD SCHOOL
DISTRICT
I Are money damages requested? Yes ✔ No Dollar Amount Requested: Within arbitration limits
O (check one) outside arbitration limits
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
Intentional Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection: Credit Card Board of Assessment
Motor Vehicle Debt Collection: Other Board of Elections
Nuisance Employment Dispute: Dept. of Transportation
S
Premises Liability Discrimination Statutory Appeal: Other
E Zoning Board
Product Liability(does not include mass Employment Dispute: Other
C tort) Other Other:
T Slander/Libel/Defomation
I Other:
2020-05102-IR
Other Professional
2020-05102-IR
Chester County
Court of Common Pleas Docket No:
Defendant(s): (Name, Address) Are there any related cases? Please provide case nos.
UNIONVILLE-CHADDS FORD SCHOOL DISTRICT
740 UNIONVILLE ROAD KENNETT SQUARE KENNETT
SQUARE, PA 19348
Defendants who are proceeding without counsel are strongly urged to file with the Prothonotary a written statement of an
address AND a telephone number at which they can be reached
Commencement of Action (if applicable): Agreement for an Amicable Action Motion to Confirm Arbitration Award
Notice of Appeal
If this is an appeal from a Magisterial District Judgement, was appellant __ Plaintiff or __ Defendant in the original action?
Jury Trial Demanded Yes ✔ No
Nature of case if not on previous cover sheet - Please choose the most applicable
Annulment Writ of Certiorari
Foreign Divorce
Paternity
Standby Guardianship
2020-05102-IR
Submit enough copies for service.
2020-05102-IR
Filed and Attested by
COURT OF COMMON PLEAS OF PENNSYLVANIA PROTHONOTARY
05 Aug 2020 04:21 PM
CHESTER COUNTY A. Harris
SCOTT D. COUSINS )
)
Plaintiff, )
)
v. ) No.: _____________________________
)
UNIONVILLE-CHADDS FORD )
SCHOOL DISTRICT )
)
Defendant.
)
)
VERIFIED COMPLAINT
Plaintiff Scott D. Cousins (“Plaintiff”) hereby brings this action against defendant the
Sunshine Act, 65 Pa. C.S. §§ 701-716 (the “Sunshine Act”), the Declaratory Judgments Act, 42
Pa. Cons. Stat. §§ 7531-7541 (the “Declaratory Judgments Act”) and Rules 1091-1099 (Actions
in Mandamus) of the Pennsylvania Rules of Civil Procedure, Pa. R.C.P. No. 1091-1099 (the “Writ
of Mandamus”). In support of this action (the “Complaint”), Plaintiff alleges, upon knowledge
as to his own conduct and upon information and belief as to other matters, 1 as follows:
1. In order to prevent the District from further violating his rights secured by the
Pennsylvania Constitution, the Sunshine Act and the District’s policies and procedures, Plaintiff,
an interested community resident living in the District, seeks the following relief in his favor
1
In support of this Complaint, Plaintiff contemporaneously submits the Declaration of Scott
D. Cousins in Support of Plaintiff’s Expedited Petition for (A) Preliminary Injunction; and (B)
Writ of Mandamus (the “Cousins Declaration”).
2020-05102-IR
a. with respect to Count I, Count II and Count III of this Complaint, a
declaratory judgment that the District violated the Sunshine Act by:
-2-
2020-05102-IR
PARTIES
3. Defendant is a “School district” organized and operated under the Public School
Code of 1949, as amended, with a principal business address of 740 Unionville Road Kennett
Square, PA 19348. By state law, the District is controlled by the Board of School Directors for
4. This Court has jurisdiction pursuant to 42 Pa. C.S. § 931(a) and 42 Pa. C.S. § 7532.
5. Section 7532 of the Declaratory Judgments Act provides that “Courts of record,
within their respective jurisdictions, shall have power to declare rights, statutes, and other legal
relations,” and the declaration “may be either affirmative or negative [and] shall have the force
6. The District is an “agency,” as that term is defined by the Sunshine Act and,
accordingly, is subject to the Sunshine Act. The District is subject to Actions in Mandamus under
Rules 1091-1099 of the Pennsylvania Rules of Civil Procedure. Pa. R.C.P. No. 1091-1099.
7. Venue is proper in Chester County pursuant to Pa. R.C.P. 2103(b) because the
District is a political subdivision of the Commonwealth and is located in Chester County. The
definition of “Political subdivision,” as set forth by Pa. R.C.P. 76, includes school districts.
-3-
2020-05102-IR
BACKGROUND
8. On December 14, 2017, a student-led group called the UHS Identity Council met
inside Unionville High School (the “UHS Identity Council Meeting”). According to the meeting
minutes, the UHS Identity Council Meeting was attended by District Superintendent Dr. John
Sanville, Unionville High School Principal James Conley and Unionville High School Athletic
Director Patrick Crater, among other students and administrators. A copy of the Minutes from
UHS Identity Council Meeting is attached to the Cousins Declaration as Exhibit 1. According to
the minutes, Dr. Sanville spoke about “his role in making these decisions as the Superintendent.”
Id.
9. While the minutes of the UHS Identity Council Meeting reflect the desire to
“engage all the unique perspectives on this issue and to engage as many individuals in the
conversation as possible,” id. at p. 2, the individuals identified by the UHS Identity Council to be
engaged in this discussion were limited to “Representatives from various clubs and sports teams,”
“Alumni,” “Students,” and “Teachers.” The individuals identified by the UHS Identity Council
excluded any residents, taxpayers, parents, alumni, or any other “interested community residents”
10. On March 14, 2018, Plaintiff and dozens of other interested community residents
made their first request (the “First Request”) that the Board appoint a Citizen Advisory
Committee pursuant to District Board Policy #905, Citizen Advisory Committees, “to investigate
the merits of changing the Unionville High School mascot and name, which we understand the
Board is currently considering.” A copy of the First Request is attached to the Cousins Declaration
-4-
2020-05102-IR
as Exhibit 2. As set forth therein, Plaintiff proposed that the purpose of the Citizen Advisory
Committee would be “to investigate the merits of changing the Unionville High School mascot
11. District Board Policy #905 provides, in part: “Citizen advisory committees can be
useful in keeping the Board and administration informed with regard to community opinion and
in representing the community in the study of specific school issues.” A copy of District Board
C. Request for Waivers of District Board Policy #903 at March 19th Board Meeting
12. In connection with the First Request, Plaintiff sent an email to the Board requesting
a waiver of the “three minute rule” for public comment under District Board Policy #903, Public
Participation in Board Meetings (the “Request for Waiver”). A copy of the Request for Waiver
13. District Board Policy #903, Public Participation in Board Meetings, provides that
“Each statement made by a [public] participant shall be limited to three (3) minutes duration.” A
copy of District Board Policy #903 is attached to the Cousins Declaration as Exhibit 5.
15. In the concluding paragraph of the Request for Waiver, Plaintiff wrote:
Finally, I know that the dialog regarding the merits of changing the
Unionville High School mascot and name has been heated at times,
particularly on various social media platforms. By our very nature,
Americans are typically polite, decent and respectful of opposing
-5-
2020-05102-IR
viewpoints. Social media, however, has changed the way that we debate
each other. What we have today is one big tribal conflict (pun intended)
with each side wrestling and preening for the moral high ground. Diverse
viewpoints might be uncomfortable for one or both parties to a debate, but
that’s how to prompt further reflection, perhaps leading to the changing of
minds. Please know that, at least from my perspective, I appreciate the
Board’s consideration of all diverse viewpoints.
Exhibit 4 at p. 2.
16. Also in connection with the First Request, Plaintiff provided the Board with his
Presentation to Board of School Directors of Unionville-Chadds Ford School District dated March
19, 2018 (the “March 19 Presentation”). A copy of the March 19 Presentation is attached to the
17. The March 19 Presentation detailed the concerns of Plaintiff, particularly with
respect to the importance of protecting viewpoint discrimination and free speech where the
“government has singled out a subset of messages for disfavor based on the views expressed,” and
the risks to a free and open society of the “heckler’s veto,” designed to shut down free speech or
18. Several hours before the March 19, 2018 Board Meeting, the Vice-President and
presiding officer of the Board at the March 19, 2018 Board Meeting responded to Plaintiff’s
I am writing to inform you that I cannot honor your request for a 15-minute
presentation at tonight’s meeting. We are not engaging in a discussion
regarding the School Mascot tonight. I am further writing to inform you
that since the mascot is not currently a Board agenda item or topic of Board
discussion - there is no need for a committee. To be clear – the Board is not
forming any Citizen’s Advisory Committees in regards to this topic of the
school mascot.
-6-
2020-05102-IR
(the “Response to Request for Waiver”). A copy of Response to Request for Waiver is attached
19. Consistent with the Board’s Response to Request for Waiver, at the meeting of the
Board on March 19, 2018 (the “March 19, 2018 Board Meeting”), the Vice-President and
I know that some of you are here tonight because you intend to speak
regarding the topic of our school mascot. I want to begin tonight with a
clear and concise statement with regards to this topic as a few vocal
antagonists on this issue have flooded our community with false and
derogatory statements regarding our district, our administration, our faculty
and staff and most importantly our students in misleading social media and
news articles. There is no recommendation by the administration or faculty
and staff that could potentially remove the Indian mascot. There is no vote,
no debate, no discussion, no committee formation, no agenda items current
scheduled by this school board now nor currently any time in the future that
could potentially remove the Indian mascot. Anything to the contrary of
this statement is fake news.
Unionville-Chadds Ford Schol [sic] District Board Meeting – March 19th 2018, 7:30 p.m.,
YouTube (March 19, 2018), https://youtu.be/O9ZAr7CiY28 at 0:51 to 4:27. See also id. at 1:34:41
to 1:35:48 (“There is nothing. This board has no intentions to do anything with this particular
subject.”).
20. At the March 19th Board Meeting, Plaintiff made his Second Request for the Board
appoint a Citizen Advisory Committee pursuant to District Board Policy #905 and made a portion
of the 37-page March 19 Presentation, but was stopped after approximately five minutes. See
Plaintiff’s second request for the Board appoint a Citizen Advisory Committee pursuant to District
-7-
2020-05102-IR
21. The Vice-President and presiding officer of the March 19th 2018 Board Meeting,
The Identity Council is simply a student group. It’s not a legislative body.
It’s not a decision-making body. It’s not an authoritarian body that is going
to have any say in anything related to our school. They can certainly make
recommendations. But that responsibility lies with the school board based
on the recommendations of the administration and we don’t have any
actions intended with regards to this issue—just as we don’t have any
actions with regards to what the Fellowship of Christian Athletes or the
Math Club or anybody else is going to be doing their program. So, again
I’m puzzled as to why it’s perceived that there is some suspicious activity
planned here. There is nothing. This board has no intentions to do anything
with this particular subject.
F. Request that Coalition Discussion be Placed on the Agenda for April 16, 2018 Board
Meeting
22. Following the March 19, 2018 Board Meeting, on March 30, 2010, Plaintiff made
his third request for the Board appoint a Citizen Advisory Committee pursuant to District Board
Policy #905 (the “Third Request”). A copy of the Third Request dated March 30, 2010 is attached
to the Cousins Declaration as Exhibit 8. The Third Request also asked that Plaintiff have the
opportunity to make a 15-minute presentation to the Board related to Plaintiff’s request for the
Because Section 710.1 of the Sunshine Act addresses matters that “may be”
before the Board, the community’s right to be heard at the April 16, 2018
Board Meeting goes well beyond what the Board decides it wants to hear,
regardless of whether the school mascot is on the agenda. Further, refusing
to place the school mascot on the Board agenda and offering me three
minutes to speak on the appointment of a Citizen Advisory Committee is
inconsistent with the Sunshine Act. Moreover, the Board’s time restrictions
are designed to unconstitutionally limit opposing viewpoints, in violation of
District Board Policy #000 (“That neither the Board nor the administration
intends to violate federal or state Constitutions or any other applicable
law.”).
Exhibit 8 at p. 5.
-8-
2020-05102-IR
23. As Plaintiff wrote in his Third Request:
Id. A copy of District Board Policy #910, Community Engagement, is attached to the Cousins
Declaration as Exhibit 9.
24. In response to Plaintiff’s Third Request, on April 12, 2018, the Board responded
through the solicitor for the Unionville-Chadds Ford School District, John R. Merrick (the “April
12 Response”). A copy of the April 12 Response is attached to the Cousins Declaration as Exhibit
10. In the April 12 Response, Mr. Merrick assured Plaintiff that “the Mascot issue is not a current
item of consideration by the Board. However, Dr. Sanville assures me that, should the Board ever
take up the matter, there will be ample opportunity for involvement and input by the District
25. To add to the confusion leading up to the April 16, 2018 Board Meeting, Board
President Hellrung wrote in a community publication that it is the Board’s responsibility (not the
administration’s responsibility) to address changes to the Unionville High School Mascot. See
Exhibit 11 (“If the Administration finds merit in making any changes, they will put the matter
before the school board.”). Mr. Hellrung also claimed that “the Indian is not threatened.” See also
id. at p. 8 (“So, we are trying to calm our community and encourage the adults who have so rudely
inserted themselves into this student issue to back off and allow our students to pursue their project
and to learn without interference. Unfortunately, it’s been our students who have modeled civil
-9-
2020-05102-IR
discourse in this instance and not our adults.”). Finally, Mr. Hellrung responded to Plaintiff and
dozens of other interested community residents who signed the First Request with insults, insisting
that opponents of changes to the Unionville High School Mascot had “engaged our students in a
sometimes intimidating and disrespectful manner in their zeal to ‘Save the Indian.’” Id.
26. Finally, on April 16, 2018, Mr. Merrick further responded (the “April 16
Constitutional violation by the Board.” See the April 16 Response, attached to the Cousins
Declaration as Exhibit 12. In the Board’s April 16 Response, Mr. Merrick also assured Plaintiff
that “The First Amendment is alive and well in the Unionville-Chadds Ford School District.”
Id.
27. At the meeting of the Board on April 16, 2018 (the “April 16, 2018 Board
Meeting”), Plaintiff again made a presentation (the “April 16 Presentation”) to the Board, but
was stopped after approximately six minutes. See Regular Board Meeting – Monday, April 16,
2018, 7:30 p.m., YouTube (April 16, 2018), https://youtu.be/450-8cW6Oqk at 1:32:25 to 1:38:15.
See also id. at 1:37:26 to 1:37:30 (statement of Mr. Hellrung, “Mr. Cousins, that’s five minutes if
you could please wrap up.”). This was Plaintiff’s fourth request for the Board appoint a Citizen
Advisory Committee pursuant to District Board Policy #905 (the “Fourth Request”).
28. On or about May 14, 2018, Plaintiff, Plaintiff’s wife, Board President Jeff Hellrung,
Board member Gregg Lindner and District Superintendent, Dr. John Sanville met to discuss the
- 10 -
2020-05102-IR
29. Following a regularly-scheduled Board meeting of May 21, 2018, on May 22, 2018,
Mr. Hellrung sent Plaintiff a statement (the “May 22, 2018 Statement”) that he read at the May
The coalition is concerned about gradual changes that have been made over
the years in our Indian iconography. They know that a student group at UHS
has taken an interest in the Indian and is questioning whether or not it is an
appropriate and respectful symbol. They know that our Administration is
supporting this inquiry to teach our students how to research their topic in a
thorough and balanced manner and how to conduct a civil, collegial, and
respectful dialogue. They are concerned, however, that UHS may be on a
path to eliminate the Indian and they do not want that to happen without full
community engagement and preferably through the school board initiating
a Citizen Advisory Committee on the topic of the Indian mascot.
We were able to explain the history of our rebranding activities that have
taken place over the past several years, which have involved all six of our
schools starting with PMS and ending with UHS. The School Board has
been kept informed on this work that has sharpened and modernized our
symbols and iconography. In my view, all of the changes have resulted in
more focused, modern, colorful, and appealing symbolism than the more
dated images from our past. None of this activity was or is meant to put us
on a path to eliminate the UHS Indian.
- 11 -
2020-05102-IR
For now, I implore individuals on all sides of this issue to dial down the
rhetoric and to let our students finish their project without adult interference.
Let’s all relax and allow the issue to play out as we would with any other
similar student issue.
(Emphasis added). A copy of Board President Hellrung’s May 22, 2018 Statement is attached to
30. Over two years following the May 22, 2018 Statement, on June 19, 2020, the
District sent an email captioned “Discrimination and the UHS Mascot” (the “Discrimination and
UHS Mascot Email”). A copy of the Discrimination and UHS Mascot Email is attached to the
Cousins Declaration as Exhibit 14. The Discrimination and UHS Mascot Email stated, part:
Since at least 2011 the mascot has been a topic of discussion internally and
in the community. We have had conversations with tribal elders of the Lenni
Lenape Tribe – who reside in Oklahoma. These talks resulted in UCF
eliminating the offensive stereotypical iconography and the tomahawk chop
cheer. The UHS logo was changed to a U with a single feather. Symbols
that carry negative connotations about a particular group are unwelcome in
UCF.
Id. The Discrimination and UHS Mascot Email was signed by District Superintendent Dr. John
Sanville.
31. In the Discrimination and UHS Mascot Email, Dr. Sanville stated, in part: “Just
yesterday we were made aware of an online petition created by UHS alumni requesting that UCF
take steps to address racial and ethnic issues in our school community. The Indian mascot is at
the center of the situation.” Upon information and belief, attached to the Cousins Declaration as
Exhibit 15 is a true and correct copy of the “Change Unionville High School’s mascot” petition
referenced in Dr. Sanville’s Discrimination and UHS Mascot Email (the “Online Petition”).
- 12 -
2020-05102-IR
32. The Online Petition reads as follows:
For years, Unionville High School has been using the Indian as a mascot
with little to no outrage from community members. In a mostly white and
affluent district, the mascot is irrefutably offensive, and tradition alone is
not a valid reason to keep a celebration of the stolen land and culture that
Unionville rests on. During pep rallies, students are encouraged to “let out
an animalistic, guttural scream like an Indian on a warpath” and are
admonished for resisting. Students unaware of Indigenous culture or
significance wear headdresses and warpaint to signify school spirit.
Historically, they have been known to paint the representative red and/or
white. Each of these examples relays the deep racism against the Indigenous
population of the United States and in our area. While the idea of changing
the mascot was explored in the past, there have been minimal changes to
the representation of Indigenous peoples in the school. This is the time to
change the mascot and rectify the 90+ years of inherent, obvious racism at
the heart of Unionville High School.
33. In response to the Online Petition, which proclaims the Unionville High School
Mascot to be “irrefutably offensive,” based on a “celebration of the stolen land and culture that
Unionville rests on,” with the goal of those signing the Online Petition to “rectify the 90+ years of
inherent, obvious racism at the heart of Unionville High School,” District Superintendent Dr. John
Sanville expressed his thanks to “the alumni for their passion and energy around this topic” and
ascribed to the group altruistic motives. Exhibit 14 (“It is worth noting that the UCFSD graduates
initiating this process have done so to change the path forward not for themselves, but for those
still in school.”).
K. Plaintiff’s Fifth Request for the Board Appoint a Citizen Advisory Committee
34. In reply to the Discrimination and UHS Mascot Email, on June 25, 2020, Plaintiff
I would ask that before the Administration and Board takes any action with respect
to the UHS Indian, that you consider [Board President Hellrung’s] guidance that
the Board “thoroughly engage all of our stakeholders, including students, alumni,
staff, parents, and community residents.” As you also know, I think that is best
- 13 -
2020-05102-IR
accomplished the formation Citizen Advisory Committee (see my March 14, 2018
in this regard). I’m happy to chat with you if you think that’s helpful.
This was Plaintiff’s fifth request for the Board appoint a Citizen Advisory Committee pursuant to
District Board Policy #905 (the “Fifth Request”). A copy of the Fifth Request is attached to the
35. During the meeting of the Board on July 13, 2020 (the “July 13, 2020 Board
Meeting”), Unionville High School Athletic Director Patrick Cater made a presentation on the
future of the Unionville High School Mascot (the “July 13, 2020 Board Presentation”). A copy
of the July 13, 2020 Board Presentation is attached to the Cousins Declaration as Exhibit 17.
36. The July 13, 2020 Board Presentation claimed that the Unionville High School
Mascot “has served as Unionville High School’s mascot since 1954.” Exhibit 17 at p. 6. Mr.
Crater noted that many in the community “feel strongly about changing the mascot” viewing it as
“Offensive imagery.” Mr. Crater also noted complaints about “Symbols that carry negative
37. An illustration of the current iconography of the Unionville High School Mascot—
as described in the July 13, 2020 Board Presentation as a “U” logo with a feather—is attached to
38. The UHS iconography does not include a likeness a person, however. Rather, as
explained in the Discrimination and the UHS Mascot Email, it is a “U” with a feather. See Exhibit
14 (“The UHS logo was changed to a U with a single feather.”); Exhibit 17 at p. 4 (the watermark
39. During his presentation, Mr. Crater stated: “At this point, no decisions have been
made and ultimately we will work together, lean on our values and standards, and our District’s
- 14 -
2020-05102-IR
mission to make a decision.” See UCFSD Board Meeting - 7/13/2020 - 7PM – Virtual, YouTube
40. The July 13, 2020 Board Presentation, however, demonstrates otherwise. Rather,
it is clear that the Board intends to “retire” the Unionville High School Mascot at its August 24,
2020 Board meeting, followed by a “subsequent committee” that would be “charged with selecting
a new mascot” and with the District taking steps to “Collaborate and implement new ways of
41. Before voting on the proposal for the administration to conduct a formal review of
the Unionville High School Mascot, Board President Hellrung, made the following statement:
I am going to use my executive authority here to cancel the Item 7.1 “Comments
from Residents” in light of the late hour and in light of the need of our
administrators in particular to be able to end their day and get to work tomorrow
including on new items that we have assigned them tonight. I do want to ask
residents who want to talk to us, please email us. We’ll still read your comments
and include those in the minutes of the meeting. And we’re always interested in
your emails, phone calls and personal conversations and advice to your school
board members.
Id. at 5:57:39-5:58:23.
43. At the end of an almost six-hour Board meeting, the July 13, 2020 Board meeting
44. On July 16, 2020, the District sent an email captioned “Unionville HS Mascot
the UHS Mascot Community Conversations Email is attached to the Cousins Declaration as
Exhibit 19.
- 15 -
2020-05102-IR
45. In its effort to “gain valuable feedback and maintain an open and transparent
process,” the District announced that it would be hosting community conversations on July 30,
2020, to discuss the future of the Unionville High School Mascot. Initially, there was a period one
46. Upon information and belief, at the August 24, 2020 Regular Board meeting the
administration intends to recommend to the Board that the Unionville High School Mascot be
immediately “retired” and that a committee be formed to develop a new mascot and name. If the
Board takes official action at the August 24, 2020 Board meeting by cancelling the Unionville
High School Mascot without first according substantial weight to any meaningful input received
from the members of a Citizen Advisory Committee, the Board’s actions will cause irreparable
and immeasurable harm which cannot be compensated through money damages as the Unionville
High School Mascot, a unique asset that has been a part of the District for over 65 years, will be
lost forever.
Courts of record, within their respective jurisdictions, shall have power to declare
rights, status, and other legal relations whether or not further relief is or could be
claimed. No action or proceeding shall be open to objection on the ground that a
2
Approximately one hour prior to this “community conversation,” the District extended this
session to “90 minutes.” See Exhibit 20 (Mascot Community Conversation for Community
Members - 2:30pm).
- 16 -
2020-05102-IR
declaratory judgment or decree is prayed for. The declaration may be either
affirmative or negative in form and effect, and such declarations shall have the force
and effect of a final judgment or decree.
48. The Sunshine Act is a good-governance law. It requires that governmental entities
conduct their business in the open. The Sunshine Act aims to prevent corrupt backroom dealings
49. Section 710.1 of the Sunshine Act required the Board to provide Plaintiff (an
interested community resident living in the District) a “reasonable opportunity at each advertised
regular meeting . . . to comment on matters of concern, official action or deliberation which are or
reasonable opportunity for residents to comment on an issue before the Board, noting: “The OOR
encourages agencies to take care when imposing time limits on public comment. Three minutes
is a common limit, and may be more than enough at most public meetings. However, it may not
be adequate at certain meetings, such as when a complex draft budget is being discussed. It can
be good practice to allow for flexibility in any policy imposing time limits on public comment,
taking care to ensure that the agency does not show partiality to some commenters over others.”
(Emphasis added). A copy the Pennsylvania Office of Open Records guidance is attached to the
51. With respect to Actions in Mandamus, the Pennsylvania Rules of Civil Procedure,
Pa. R.C.P. No. 1091-1099, Pennsylvania courts must enter a writ of mandamus when necessary to
compel a public, tax-payer funded school district to perform a ministerial act or mandatory duty
- 17 -
2020-05102-IR
where there is clear legal right in the plaintiff, a corresponding duty in the defendant, and a want
provides in part: “Board policies and procedures and administrative guidelines shall not preempt,
create, supplant, expand or restrict the rights or liabilities of students, employees, residents or
others within the school community beyond those established in law.” A copy of District Board
53. District Board Policy #903, Public Participation in Board Meetings, provides, in
part: “The Board recognizes the value to school governance of public comment on educational
issues and the importance of involving members of the public in Board meetings.” See Exhibit 3.
See Exhibit 9.
COUNT I
55. The Plaintiff repeats and realleges the allegations contained in the preceding
- 18 -
2020-05102-IR
56. Section 710.1(a) of the Sunshine Act required the Board to provide Plaintiff (an
interested community resident living in the District) a “reasonable opportunity at each advertised
regular meeting . . . to comment on matters of concern, official action or deliberation which are or
57. The Board violated Section 710.1(a) of the Sunshine Act when it limited Plaintiff’s
March 19 Presentation at the March 19, 2018 Board Meeting to approximately five minutes and
Plaintiff’s April 16 Presentation at the April 16, 2018 Board Meeting to approximately six minutes.
58. The Board further violated Section 710.1(a) when the Board President Hellrung
used his “executive authority” at the July 13, 2020 Board Meeting to “cancel the Item 7.1
59. Any and all official action the Board has taken in violation of the Sunshine Act is
invalid.
60. The Board’s Sunshine Act violations will continue unless enjoined by the Court.
61. If the Board accepts the proposal from the administration to “retire” the Unionville
High School Mascot at the August 24, 2020 Regular Board meeting, the Board’s actions in
cancelling the Unionville High School Mascot will cause irreparable and immeasurable harm
which cannot be compensated through money damages as the Unionville High School Mascot is
a unique asset that has been a part of the District for over 65 years.
62. Section 713 of the Sunshine Act empowers the Court “to enjoin any challenged
action until a judicial determination of the legality of the meeting at which the action was adopted
is reached.” If the Court determines that the meeting violated the Sunshine Act, the Court is also
- 19 -
2020-05102-IR
63. Section 715 of the Sunshine Act specifically empowers this Court to enforce the
Sunshine Act “by injunction or other remedy deemed appropriate by the court.”
COUNT II
65. The Plaintiff repeats and realleges the allegations contained in the preceding
66. District Board Policy #000 ensures that the Board’s policies, procedures and
administrative guidelines do not “preempt, create, supplant, expand or restrict the rights or
liabilities of students, employees, residents or others within the school community beyond those
established in law.”
67. The Board violated District Board Policy #000 when it limited Plaintiff’s
presentations to (a) approximately five minutes with respect to Plaintiff’s March 19 Presentation;
and (b) approximately six minutes with respect to Plaintiff’s April 16 Presentation.
68. The Board violated District Board Policy #000 when cancelled any opportunity for
69. The Board’s actions were designed to unconstitutionally limit opposing viewpoints,
in violation of District Board Policy #000, federal or state Constitutions or any other applicable
law.
70. Any and all official action the Board has taken in violation of District Board Policy
#000 is invalid.
- 20 -
2020-05102-IR
71. The Board’s violations of District Board Policy #000 will continue unless enjoined
by the Court.
72. If the Board accepts the proposal from the administration to “retire” the Unionville
High School Mascot at the August 24, 2020 Regular Board meeting, the Board’s actions in
cancelling the Unionville High School Mascot will cause irreparable and immeasurable harm
which cannot be compensated through money damages as the Unionville High School Mascot is
a unique asset that has served as Unionville High School’s mascot since 1954.
COUNT III
74. The Plaintiff repeats and realleges the allegations contained in the preceding
75. District Board Policy #910 offers the Board the opportunity to create a collaborative
organizations are encouraged and invited to be involved stakeholders in the school community.
76. District Board Policy #910 requires the Board and administration to give substantial
77. District Board Policy #910 offers members of the community the opportunity for
the community to participate in dialogue and decision-making related to district-wide and school-
based issues.
78. The Board violated District Board Policy #910 when it refused Plaintiff’s repeated
- 21 -
2020-05102-IR
related to district-wide and school-based issues through the appointment of a Citizen Advisory
Committee with the assignment of investigating the merits of changing the Unionville High School
79. Any and all official action the Board has taken in violation of District Board Policy
#000 is invalid.
80. The Board’s violations of District Board Policy #910 will continue unless enjoined
by the Court.
81. If the Board accepts the proposal from the administration to “retire” the Unionville
High School Mascot at the August 24, 2020 Regular Board meeting, the Board’s actions in
cancelling the Unionville High School Mascot will cause irreparable and immeasurable harm
which cannot be compensated through money damages as the Unionville High School Mascot is
a unique asset that has served as Unionville High School’s mascot since 1954.
COUNT IV
Writ of Mandamus
(Citizen Advisory Committee)
83. The Plaintiff repeats and realleges the allegations contained in the preceding
84. The District has a clear duty to enforce the District Board policies, including
District Board Policy #000, District Board Policy #903, District Board Policy #905 and District
85. The District’s clear duty to enforce its the District Board policies is mandatory, not
discretionary.
- 22 -
2020-05102-IR
86. District Board Policy #905, Citizen Advisory Committees, offers the Board the
opportunity to create Citizen Advisory Committees to provide the Board and the administration
87. District Board Policy #905 offers members of the community to serve on Citizen
Advisory Committees in order to provide views as to the study of specific school issues to the
88. Plaintiff has a clear legal right to the appointment of a Citizen Advisory Committee
89. The District has a corresponding clear duty to enforce District Board Policy #000,
District Board Policy #903, District Board Policy #905 and District Board Policy #910.
90. The Board violated District Board Policy #000 when it denied Plaintiff’s First
Request, Second Request, Third Request, Fourth Request and Fifth Request for the appointment
of a Citizen Advisory Committee consisting of “at least one (1) Board member,” as well as
“interested community residents” with the assignment of investigating the merits of changing the
Unionville High School mascot and name and making its recommendations to the Board.
91. The Board has a mandatory, non-discretionary statutory duty to appoint a Citizen
Advisory Committee pursuant to District Board Policy #905, Citizen Advisory Committees.
92. If the Board accepts the proposal from the administration to “retire” the Unionville
High School Mascot at the August 24, 2020 Regular Board meeting, the Board’s actions in
cancelling the Unionville High School Mascot will cause irreparable and immeasurable harm
which cannot be compensated through money damages as the Unionville High School Mascot is
a unique asset that has served as Unionville High School’s mascot since 1954.
- 23 -
2020-05102-IR
93. Here there is no adequate, alternative statutory remedy that would deprive this
WHEREFORE, Plaintiff respectfully requests that this Court award equitable relief in his
(1) with respect to Count I, Count II and Count III of this Complaint, a declaratory
judgment that the District violated the Sunshine Act by:
(2) with respect to Count I, Count II and Count III of this Complaint, a preliminary
and permanent injunction under the Sunshine Act prohibiting the Defendant from:
(b) refusing to give substantial weight to the input received from Plaintiff
in accordance with the Community Engagements principles of District Board
Policy #910 (Community Engagement) with respect to the future of the Unionville
High School Mascot; and
(3) with respect to Count IV of this Complaint, a Writ of Mandamus directing the
District to comply with Plaintiff’s First Request, Second Request, Third Request, Fourth
Request and Fifth Request of the Board to appoint a Citizen Advisory Committee pursuant
- 24 -
2020-05102-IR
to District Board Policy #905 prior to taking any official action of “retiring” the Unionville
High School Mascot; and
(4) such other and further relief as the Court deems just, equitable and appropriate.
- 25 -
2020-05102-IR
VERIFICATION
I, Scott D. Cousins, do hereby verify and affirm that the allegations set forth in the
foregoing Verified Complaint (a) are true and correct insofar as they concern (i) the acts and deeds
of me, (ii) my review of relevant documents, or (iii) my opinion based on experience, knowledge
and information; and (b) are believed to be true and correct to the best of my knowledge,
information, and belief insofar as they relate to the acts or deeds of any other person including my
communications and discussions with the District through its officers, agents, servants, employees,
attorneys, other representatives and those persons in active concert or participation with such
persons.
This Verification is made subject to 18 Pa. C.S. § 4904 for unsworn falsification to
authorities.
2020-05102-IR