Former scholar Nick Ratekin’s lawsuit in opposition to the College of San Diego is 555 days previous — courting to Nov. 9, 2020.
Additionally getting previous (for the court docket and others): Ratekin’s unceasing efforts to depose and subpoena people and businesses, and flooding numerous workplaces with undesirable emails and faxes.
In a 20-minute listening to Thursday morning, Decide Eddie Sturgeon in San Diego Superior Court docket denied the previous CIF champion coach’s requests to interview three USD employees members and subpoena Nationwide College and the state Division of Schooling.
“Discovery statutes are very broad within the state, even discovery that would result in discovery,” Sturgeon stated after listening to Ratekin for 10 minutes. However legal guidelines don’t allow “a fishing expedition,” he stated.
Sturgeon stated the 27-year-old Washington state resident’s requests don’t have any relevance to his lawsuit — which seeks quite a lot of unspecified financial damages for lack of work, tuition and “humiliation, psychological anguish, emotional misery and hurt to his fame.”
(Ratekin is alleging USD is responsible of fraud, breach of contract, false promoting, violations of a number of state codes and “unjust enrichment” after dropping him from its teacher-training program. Trial is about for Nov. 4, however USD will ask that the case be thrown out in a “abstract judgment” listening to July 15.)
Representing USD in Thursday’s ex-parte listening to was Matthew Mushamel. Additionally showing within the downtown Corridor of Justice courtroom was Steven Tisi, an lawyer for the San Dieguito Union Excessive Faculty District.
Tisi, whose consumer district felt compelled to dam e-mail from Ratekin’s private account, on Wednesday requested Sturgeon to difficulty a protecting order to maintain the Brush Prairie, Wash., man from contacting San Dieguito staffers “by way of phone calls, mail, emails and/or facsimiles.”
Sturgeon will maintain one other listening to Tuesday morning on that request, giving Ratekin till midday Monday to elucidate why such an order shouldn’t be granted.
In a declaration filed Wednesday, the principal at Canyon Crest Academy, a part of the San Dieguito district, stated Ratekin since April has despatched him shut to 2 dozen emails after being ordered, in March, to not search discovery with out court docket permission.
When the district’s superintendent and others are added, the emails totaled properly over 100, stated the principal, Brett Killeen.
However Killeen discovered one Ratekin fax particularly worrisome: a “Psychological Standing Examination” report on Ratekin from the state of Washington Division of Social and Well being Companies.
It was regarding “to the extent that it reveals delicate and personal psychological well being details about Plaintiff,” Killeen stated. “As it’s unclear what the end result of this examination was, as a recipient of unsolicited data it has made me really feel uncomfortable [and] probably threatened.”
Killeen added that the fax was an “try and intimidate me and others from giving testimony which Plaintiff could take into account to be unfavorable.”
USD lawyer Mushamel declined to remark after the listening to. Ratekin didn’t instantly reply to e-mail and textual content requests for remark.
Showing remotely from Washington state, the dark-haired Ratekin sported a lightweight beard. (At a March listening to, the previous UCSD water-polo star was clean-shaven.)
He repeated allegations that USD despatched his personal scholar data to the San Diego Unified Faculty District and Nationwide College in opposition to FERPA privateness guidelines. (He’s awaiting a reply to FERPA about his criticism.)
This motion, he stated, “successfully defames me to the biggest public schooling employer within the county. … That may be akin to USD placing out a memo to all regulation college graduates to not do enterprise with somebody practising regulation within the county.”
Calling himself “categorically” defamed within the county, Ratekin stated he was “very exhausting pressed” to search out San Diego public-school employment.
“I can’t even get an interview regardless of my credentials,” stated the almost straight-A grasp’s diploma holder from Nationwide College.
He additionally stated he suffered “monetary retaliation” due to launch of his scholar data, arguing that the state Employment Improvement Division has disqualified him from any unemployment insurance coverage.
In 2019, Ratekin was dismissed as a USD scholar trainer from Thrive Constitution Faculty, earlier than the state shut it down. He says he was ousted for not emulating “instructing practices” at Thrive.
His requested subpoena of the state Schooling Division was meant to “verify the standards for . . . closing Thrive Constitution Faculty on or about June 2019.” Thrive, he stated, “didn’t have instructing practices a scholar trainer would need to emulate.”
In his unique lawsuit, Ratekin alleged that he misplaced his scholar instructing jobs and place within the USD teacher-education program due to employees vital of his supporting Donald Trump.
None of that was talked about Thursday.
“As a Christian and as a Protestant,” stated Ratekin, appearing as his personal lawyer, “I anticipated [to be] going to a Catholic college for its Catholic values … and Thrive Constitution had college students studying (‘The Autobiography of) Malcolm X’ and particularly passages that confer with Christianity as white satan ideology. Going to a personal college that’s Catholic didn’t meet my expectation in any respect for a personal college.”