CHA, Rosenaus settle 21-month legal battle

More than a year after his graduation, the school
will award Andrew Rosenau his diploma.

by MICHAEL J. MISHAK

Chestnut Hill Academy's case with former student Andrew Rosenau, whom the school sought to dismiss in 2002, quietly came to an end Monday morning in City Hall Court Room 443.

After two hours of settlement negotiations, Philadelphia Common Pleas Court Judge Gene D. Cohen announced, "both parties have come to an agreement." Though the financial terms of the settlement were kept confidential, Cohen said Andrew Rosenau would be awarded the diploma he was denied when he graduated from Chestnut Hill Academy in 2003. Also, Andrew Rosenau would receive "full status" as an alumnus of the school, he said.

Cohen called the settlement "fair and equitable."

The last-minute deal came three days after a Common Pleas Court judge denied Chestnut Hill Academy's motion for summary judgment, a court order ruling that a case can be decided upon established facts without a trial.

The civil trial had been set for Monday, August 16, but legal counsel for both Chestnut Hill Academy and the Rosenaus took turns meeting with Judge Cohen before any proceedings began.

Both parties respected the center aisle as each conferred with their attorneys amid crates and boxes of documents.

When approached after the settlement announcement, both former CHA dean of students Jerome Murphy and former head of upper school Judd Levingston declined comment.

Murphy resigned in May after he admitted, in a sworn deposition, to writing a warning letter to Andrew Rosenau's college of choice, Lehigh University. The letter violated a court order that enjoined Chestnut Hill Academy from doing anything to harm Rosenau's education.

Reached by phone, CHA head of school Frank Steel said Andrew Rosenau would receive his diploma "as quickly as possible," in compliance with Judge Cohen's order. "That's the way it ought to be," Steel said. "I'm not going to have the school drag its feet to keep it from happening. I'm glad we've been able to resolve the matter. The Rosenaus can move on, and so can the school."

The Rosenaus, who had planned to press the school for damages and legal expenses, also declined comment, citing a confidentiality agreement.

In 2002, Chestnut Hill Academy moved to expel Andrew Rosenau for his participation in an off-campus incident where he and a CHA junior conspired to photograph the junior's girlfriend without her knowledge. The photos, which were destroyed before any adults, including school administrators, saw them, allegedly contained images of the young couple embracing. Both the school and the Rosenaus agreed the photos did not contain any nudity.

The school has said their decision — asking Andrew to withdraw or face expulsion — was, in part, based on the argument that Andrew invaded the young woman's privacy by recording her and subsequently showing that recording to a group of CHA students.

The girl involved in the incident did not press charges against either of the two CHA students, and did not seek disciplinary action.

The Rosenaus successfully moved to enjoin the school from interrupting their son's education through a court order. Andrew received instruction at home using CHA materials for the remainder of his senior year. Though he was officially graduated, he never received his diploma.

The private, all-male school had filed an appeal, seeking to reverse the injunction that compelled the school to educate Rosenau, but Andrew graduated before it reached the Superior Court of Pennsylvania.

Both the common pleas and superior courts recognized Chestnut Hill Academy did not follow its own policy for disciplinary action. Andrew Rosenau had attended the school for 13 years without incident prior to November 2002. Common Pleas Court Judge Matthew Carrafiello wrote, "this court found it likely the Rosenaus will prevail in trial," in his February 2003 opinion.

Andrew Rosenau will begin his sophomore year