I don’t think this an accurate summary. Instead, the facts often aren’t clear. We often don’t know whether the allegations are true or not because there is not sufficient evidence. A lack of evidence means we don’t know all the facts. We can speculate who did what and why they may or may not have done so, but those speculations are not facts.
One fact is a judge ruled in favor of Sidwell in whether a breach of the earlier settlement occurred. However, this does not mean all of the earlier settlement allegations are not accurate. Instead many of the earlier settlement allegations are not relevant to whether a breach of settlement occurred and do not appear to be evaluated. For example, one of the settlement allegations was that the math II teacher did not make athletic allowances for Dayo, like she did for the other students in the class. This is not directly relevant to whether the a breach of settlement occurred because the settlement specified no retaliation against Dayo in response to the settlement, and the math II class occurred prior to the settlement. As such, it does not appear to have been evaluated in the breach of settlement lawsuit. Maybe it occurred. Maybe it did not. Maybe there was a valid reason for it occurring, such as only making athletic allowances for students who are doing well in the class. Maybe it more relates to the math II teacher not being a fan of Dayo and the Adetus. We can only speculate – not facts.
Regarding the math grading, the settlement required that Sidwell recalculate the grades in the specified math classes and update Dayo’s transcript with any grade changes by Sept 30th. The judge agreed with the Adetus that Dayo’s trasncript was not updated by the Sept 30th deadline. However, they did not find evidence of the unmodified transcript being sent to colleges, lessening damage effects.
The judge ruled that there was no evidence that the recalculation of Dayo’s Math II grades was performed in bad faith. The Adetus claimed “bad faith” for a variety of reasons including the teacher shredding grading books after being instructed by the headmaster to keep them. The teacher claims it was her standard practice to destroy them after the school year, which the judge found to be a reasonable explanation, so a lack of evidence of bad faith, only speculation. The Adetus claim an exam was used in the grading that did not occur. With no grade book, there was a lack of evidence, so the judge found lack of evidence – not that it did not occur, that it was speculation. There were also other grading related allegations in the settlement that were not relevant to breach of settlement lawsuit. For example, the Adetus mention two instances in which the math 2 teacher admitted grading errors on Dayo’s exams when challenged in public, but none when challenged in private. This is not directly relevant to whether the recalculation was done in good faith because the modified exam grades occurred prior to the settlement and as such were presumably used in the recalculation.
To be clear, I am not claiming that the settlement allegations are true, nor am I claiming that are were false. Instead I am saying that we don’t know many of the key facts about what happened, leading to speculating about what may or may not have happened.