Challenging our public school district’s obedience to county ‘health’ ‘orders’: District/Union ignore BASIC questions, so I promise to invite teachers to join two Grievances + empower interested students to file Complaints (26 more were segregated). District responds with ending my teaching via paid administrative leave to ‘investigate’ my questions for ‘unprofessional conduct’ rather than answer them! (46 of ?)

"But he hasn’t got anything on," a little child said.

"Did you ever hear such innocent prattle?" said the child’s father. And one person whispered to another what the child had said, "He hasn’t anything on. A child says he hasn’t anything on."

"But he hasn’t got anything on!" the whole town cried out at last.

The Emperor shivered, for he suspected they were right. But he thought, "This procession has got to go on." So he walked more proudly than ever, as his noblemen held high the train that wasn't there at all.

~ The Emperor’s New Clothes, Hans Christian Anderson, 1837 (how Patriots avoided censorship 200 years ago: place truth in children’s stories)

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”  ~ George Orwell, 1984, Book 1, Chapter 7

Perhaps the most helpful format for communication: 

My best “shot” to explain, document, and prove the “Covid” + “vaccine” narrative are Crimes Against Humanity: a 4,700-word essay I sent to ~100 teacher colleagues in September, 2021 (received with silence to the facts, with ~20 eventual responses to be removed from such communications). My May 2022 essay to our teachers’ union Board is an excellent overview of the entire history, as is my June 14, 2022 retirement letter; both with emerging data demonstrating tremendous harm from these experimental injections (2-hour overview discussion with Professor Emeritus Jim Fetzer).


Summary (links = full documentation in those specific reports): The California “lockdown orders” necessary to “flatten the curve and keep hospitals running” have lasted since March 3, 2020. The California Emergency Services Act (ESA) is derived from California Government Code 8558 (b) requiring “beyond control” hospitals to authorize emergency dictatorial orders. Because Californians never received comprehensive hospital data, our government and corporate media “leaders” are lying in omission. Because problematic “positive cases”(and here, here) were substituted for “beyond control” hospitals, our leaders lie in commission. All testimony I’ve received from ~20 medical professionals here in NorCal report all hospitals they know of have been fully within their control throughout the “pandemic,” that hospitals have comprehensive area plans for record flu seasons they haven’t needed, and certainly didn’t need the military field hospitals or hospital ships for a real pandemic.


As a NorCal public school teacher, at the start of our school year in September 2020 I questioned our district’s leadership and teachers’ union how their negotiated policy to “obey” county “health” “orders” is legal given the above reasonable limit to dictatorial authority. I cited our mutual Oath to “support and defend” the US and CA Constitutions within their limited governing authorities. I reminded the district I merely ask them as educated professional adults to perform what we expect from all our Californian Middle School students in our State teaching standards: “Cite specific textual evidence to support analysis of primary and secondary sources.” (page 81). 


From September 2020 until May 1, 2022, I chose to mask identities of individuals involved to help shield them from any possible future harm when facts emerge to demonstrate to the public that these school administrators and teachers were either knowing participants, or dupes too weak in intellectual integrity and moral courage to recognize and defend literal Truth, Justice, and the American way of limited government under constitutionally-protected inalienable/Natural rights.  I named names after 20 months of district lies and prima faciecrimes.

 

After two Sept. 2020 requests, the district contact person responded by ignoring my questions, and stating HUSD employees are required to obey “California mandates” “to protect you” (disobedient staff are placed on unpaid leave up to a year). I emailed our district superintendent, school board members, my school principal and two interested teachers that we teach all high school students in US History class that the district’s position of “just following orders” is an illegal defense, and asked again how ESA limits are being honored.


After continued district silence, I filed three legal complaints: federal, state, and a grievance for district violation of worker safety by issuing apparent dictatorial and illegal policy under direct threat of employment termination, $1,000 fines per violation, and one year imprisonment under Cal. Penal Code §§ 69, 148(a)(1).


Our union (HEA) responded with support to ask the district, and communicated privately they wouldn’t pursue the grievance to arbitration because working conditions were negotiated in good faith with high approval of union members. After I probed with a few questions, I retreated with HEA to keep them as allies with me to get answers from our contractual grievance process. That said, this first Grievance finished with district and union agreement that the complaint didn’t qualify as a grievance because all district policies were in conformance to law. Neither the district nor union ever addressed my question or citation about limits of dictatorial ordering authority.


I appealed the district’s answer to our community school board for what the district redefined as a “written complaint.” From October 2 to December 18 2020 the district was silent, despite policy promising a response within 30 days of the board’s receipt. After this December 13 reminder they were out of compliance for a response, the superintendent answered that the school board upheld the district response without comment. 


I received a “non-response” after nearly 5 months from my complaint to the US Department of Justice regarding unlimited government. My complaint to the California Department of Fair Employment and Housing complaint was fielded by a phone call response in December, their promise to follow-up, and silence since.


In March 2021, our NorCal public school superintendent sent all staff an email citing county deaths from COVID nearing 1,300 with 80,000 “cases.” He also asked for our professional responses to an upcoming survey. I responded with three basic questions: 

  • How many of our staff and students have died of (not with) Covid? 
  • What is the current and historical data for overall county deaths given controversy over causes of deaths? 
  • How many staff and students have been injured by vaccines?

The superintendent ignored my emailed questions twice, which I then shared with our school’s ~100 teachers as Chair of a school Professional Learning Community (PLC) on broad educational topics directly affecting our school’s teaching and learning. A few teachers have communicated support, but our Social Science Department found no interest in this topic when I emailed them in inquiry.


Our district superintendent then "answered" my questions, and concluded with: “If you do not agree with the state and county guidelines or if you believe we are not following them, please pursue your questions and concerns with the appropriate agency.” I responded I would do so, and report my findings. 


I followed up with 14 CA government agencies over 6 weeks, with all ignoring the question of how the limit of “beyond control” hospitals was being honored for “emergency” dictatorial authority. The only answer I received referencing limits to dictatorial orders was from CA Senator Glazer’s office, who offered that a stated 60-day limit I questioned applied only to “non-safety” related orders. I hadn’t considered an American legislature would surrender forever dictatorial powers to a governor or elected officials without a time limit, as public recourse would be limited to recall (as happened with Governor Newsom, albeit with Dominion “voting” machines, but that’s another history) or electing other legislators.


Therefore, at this point in our history, school district, teachers’ union, and CA government “answers” are at this point demonstrated as intentional lies of omission to claim they answered a question about ESA to “justify” dictatorial government while leaving out any consideration of crystal-clear letter and intent requiring that our hospitals are “beyond control.” The 14 CA government agencies claim dictatorial power to close businesses, stop social gatherings, force masking, force humans to forever remain no closer than six feet from each other, and with forever dictatorial power until legislators or governor dictate otherwise, and while lying in commission that “emergency powers” are authorized by unreliable “positive” “cases.” This power is dictated with direct threat of employment termination, $1,000 fines per violation, and one year imprisonment under Cal. Penal Code §§ 69, 148(a)(1) placed at the top of every county “health” “order.”


At the end of April 2021, I wrote a lengthy and fully documented report of those 14 CA government agencies’ responses, and emailed it with a cover letter to district leadership, school board members, teachers’ union leadership, our PLC members, and school teachers. The district’s Assistant Superintendent of Human Resources immediately responded with threats of disciplinary action for unspecified violations of district policies, as did my school principal. The district never responded to my repeated requests and Grievance to cite anything I wrote to substantiate their complaints. The district has never rescinded their first of four steps for employment termination. 


Stop and appreciate the irony of public school district leadership refusing to cite factual claims while requiring it of all middle school students. Again: “Cite specific textual evidence to support analysis of primary and secondary sources.” (page 81).


I appealed to our teachers’ union for relief (and here, here). After 4 emails and 15 days of silence from our union President and VP, I sent this email to 14 of the Board of Directors of our teachers’ union. Our President and VP then responded for a next step “to gain clarification regarding matters within our scope and discuss next steps, if any,” followed by a Zoom meeting. Our union President raised the topic at her regular weekly meeting with the district’s Assistant Superintendent of HR on May 25, 2021. The district then emailed meclaiming my PLC report “harasses or disparages” my colleagues “based on their political beliefs,” yet failed again to provide any documentation or explanation despite the union and my requests.


I responded with three employee grievances for apparent contract violations. 


On July 8, I spoke by phone with our teachers’ union president, who reported that the district would again consider my Grievances as employee complaints outside their contractual obligations, and the HR Assistant Superintendent admitted failure to address my requests for the district to document and explain their complaints.


On July 9, 2021 our teachers’ union held a Zoom conference with ~100 teachers to explain the tentative agreement for work conditions for the 2021 - ‘22 school year to obey “the most restrictive health measures” “ordered” by state, county or federal government. I asked the first public question on the call for our union to explain how the state has ordering authority given the strict limits of “beyond control” hospitals, with union president, VP, and another union board member responding they are still representing my question, but all legal information they’ve received is that there is no requirement to oppose ordering authority until proven in court. This answer is consistent with my observations that people are conditioned to be told what to do by “experts’” “orders.” 


The purpose of our mutual Oath is to safeguard inalienable/Natural rights against illegal “orders” from our own government. The United States rose as a nation because our own government issued “a long train of abuses and usurpations” in the form of illegal “orders.” Americans’ choices were to either surrender as colonial subjects under dictatorial rule benefiting Empire, or stand for what our mutual Oath “supports and defends.” Thomas Jefferson documented: 


“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”  ~ Declaration of Independence


My school district’s final answer to my three employee grievances came on July 21, 2021: 

  1. Teachers, staff, students and families will follow “health” “orders” because they are ordered. 
  2. “Health” “orders” are whatever is ordered. The district will not respond to requests for documentation of “ordering” authority, nor even acknowledge the question was asked despite legal obligation to explain how all policies are within the limits of the law.
  3. If teachers ask further questions how “health” “orders” are lawful or healthy, they will be disciplined up to termination under the “reason” that such questions “harass and/or disparage other’ political beliefs.”

On July 24 I responded to the district’s formal initiation of “disciplinary action steps” that lead to employment termination for unprofessional conduct by offering the district choice to finally cite their unsubstantiated complaints against me or withdraw the complaints and censorship, or face my attorney. On July 26, the district’s Assistant Superintendent for Human Resources responded in refusal to substantiate their claims of my unprofessional work; claiming “The District has provided you with the appropriate documentation that has sufficiently responded to your requests. At this time, there is no additional information that can be provided to you that has not already been provided.” Our teachers union President called me with analysis from her conversations with district leadership that the district is unwilling to look beyond their legal orders, and must be forced by court or legislative orders. 


I had a productive first conversation with an America’s Frontline Doctors (AFLDS) connected attorney, who promised to converse with her team to evaluate my case for possible lawsuit support. A second conversation affirmed the strength of this case from its abundant documentation, and that the network of lawyers are filing lawsuits based on their judgment of the best cases to help the most amount of people in greatest need of protection. I promised my willingness to serve as a plaintiff if this case rises in their judgment as the most promising to litigate. I’ve been updating three law firms participating in lawsuits that have included Los Angeles USD, San Diego USD, and nearby Piedmont USD. The attorneys communicate appreciation of my professionalism, that they would enjoy representing this case, and continue to encourage my documented work for truth and justice under the law.


On September 4, 2021, I reported to my ~100 teacher colleagues my best “shot” to “red pill” them about dozens of game-changing facts corporate media never report (my published research on corporate media “reporting” lies known to be false as they were told for the many variants of the Wars on Terror). This report to teachers (at “Update 3”) is my best academic work as a scholar to publicly share comprehensive and game-changing facts to explain, document, and prove illegal “health” “orders” (and here).


On Friday September 17, our district superintendent announced the school board would address mandatory student “vaccines” on Wednesday, September 22. I responded to district and teachers’ union leadership with legal notice of their prima facie-crimes to “require” experimental medical products, and initiated another employee Grievance for contract violation guaranteeing policies in conformance to law.


On Monday September 20, the district superintendent emailed my school’s Admin Team, teachers’ union president, and me to dictate the Professional Learning Committee I chair was censored because my addressing the previous school year’s doubled failure rate with “distance learning” (the most destructive decline of student learning in district history) “is not aligned with school or district goals and may not continue. Please communicate with (school principal) how you intend to use collaboration time or participate in a PLC that is focused on standards based instruction, school, or district goals.” Consistent with history, the superintendent failed to cite anything I wrote to demonstrate his factual claims.


On Wednesday September 22, the school board voted 5-0 to “mandate” full student “vaccination” for “Covid” (again, please see my essay to ~100 teachers for absolute proofs of deserved quotation marks). The public comment session for 1-minute remarks were ~15 against and ~25 for. Four parents and two employees contacted me from my public comment including invitation to do so, which began our ongoing conversations and actions. My three employee Grievances (at that point) also gave our teachers’ union an ultimatum to honor our contract that all district policies be “in conformance with law” by standing with me against the district’s illegal “mandates” that violate US Codes 21 and 18, and California Government Code 8558 (b) that “emergency orders” authority requires “beyond control” local resources (hospitals in this case). CDC’s latest data seemed definitive proof that California and national hospitals are well within control, just as each and every one of the ~20 local doctors, nurses, and other professionals I’ve asked have told me since March 2020.


On October 2, I sent a second email to our teachers’ union President, VP, and district Board Members arguing for their legal and Oath-sworn obligation to stand with me to force the district to explain the legality of their “health” “orders” given the above crystal-clear in letter and intent legal limits (the district’s stated position is “we just follow orders, and so will you”).


On October 17, 2021 I sent another Professional Learning Committee (PLC) report to district and union leaderships + Boards, and ~100 teacher colleagues with two central topics. First: HUSD refuses to address limits to state/county/district “health orders” regarding required student and teacher use of Emergency Use Authorized medical products (EUAs), despite :

The second topic of the October 17 PLC report is that our teachers’ union shared their position why “health orders” to “require” EUAs is lawful: the government is not kidnapping and forcibly injecting teachers. Yes, seriously; that’s their “legal” “justification”: as long as the principal isn’t tackling teachers in the hallway to forcibly inject them at will, the policy of staff forced unpaid leave respects Title 21 freedom for full choice over medical experiments. I was glad to force an answer, and didn’t pursue further as I’d still rather keep the union as a partner to force reasonable district answers.


On October 21, 2021, our teachers’ union president emailed me to declare my employee grievance void that requested the district to either cite their legal authority for EUA work requirements given the limits of three definitive laws, or to downgrade “requirements for employment” to “advice.” The “reason” given was the union claims that the district doesn’t have to cite legal authority for policy because any proofs of illegal policies “do not concern violations of the CBA (Collective Bargaining Agreement)” despite the CBA stating all district policies must be “in conformance with law.” Both HEA and HUSD claim that state dictatorial “orders” are sufficient legal authority to compel obedience, and both have never addressed our mutual STATE OATH OF ALLEGIANCE for We the People to serve as a check on exactly this problem of illegal dictatorial government orders. My three subsequent communications to union President, VP, and Board were unanswered.


On October 28, 2021, HUSD responded to my last employee Grievance of policy violating California Health and Safety Codes § 24171 to § 24176 by unilaterally declaring it “an email request” of an “employee complaint” “against the legality of EUAs” that they then dismissed because we all must “follow orders.” I challenged that stand, as well as challenging district refusal to answer basic questions about “official” exemptions to EUAs.


On November 14, after a week of “official silence” from district and teachers’ union, I poked them again with questions, request to meet, and predictions of dire consequences to HUSD for their official silence beyond “just follow orders.” I also admonished HEA’s tragic-comic consent to CTA’s position that “option to refuse” experimental medical treatments allows employee termination without future ability of re-hire in public education. Both embrace Orwellian-violations of definitive CA and federal laws that “option to refuse” means the individual is free to accept or decline experimental medical products “without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision.” 


On November 15, our school principal sent an “URGENT” email “ordering” ~200 students to the quad: “All unvaccinated students will be sent home, all vaccinated student (sic) will return to class with a pass.” I discovered I was also “health ordered” home for 10 days, until I demanded documentation of definitions from the principal, and reminding him this ordering authority requires proof I was within 6 feet of a positive case for 15 minutes. After claiming no memory of the policy, the principal and I reviewed and proved “district error” (but 14 of my students were not provided this documentation for discovery of error, nor another teacher). Although my school principal admitted he lacked authority to “order” me into isolated segregation, he still obeyed district “orders” to segregate unvaxxed students. I immediately emailed the Assistant Superintendent of HR to explain and cite district ordering authority to segregate healthy unvaxxed students, which she has failed to provide over ~20 requests up to March 2022. This week also had our teachers’ union request to HUSD accepted for a December 1 “Level III” Grievance meeting with the superintendent to discuss district censorship of my PLC and taking the first step to terminate my employment due to district claims of complaints HUSD refuse to cite. HUSD continued their 6th week of failure to provide me legal definitions of the medical/religious exemption process, but agreed to meet for discussion on Dec. 3. Both of these meetings would be attended by our teachers’ union President and me. 


Ten students voiced interest in a “Truth Club,” and submitted paperwork to our Associated Student Body (ASB) with me as their club sponsor to address “the pandemic” and other game-changing areas of truth (here, here, here). On December 1 and 3 I had Zoom meetings with district leadership and our teachers’ union President regarding the previous paragraph topics. 


On December 3rd, my principal sent another “friendly reminder” for weekly Covid testing required for my continued employment. For the second time, he mistakenly revealed all email recipients who are not vaccinated. I responded with another “reply to all” to challenge my principal to explain how the “health orders” he signs are legal given federal Title 21 requirements for optional experimental medical products without coercion, or to join those of us asking questions about how these “orders” are anything other than Orwellian-illegal. The principal chose silence as his response.


For the week of December 6, I followed-up with our school principal’s silence to our questions, and my briefed classroom students requested a Zoom meeting with the district to receive answers. Students were especially motivated to receive an explanation how the district can violate “required” health “guidance” by “ordering” healthy unvaccinated students to “separate but equal” 10 days’ “medical segregation” without evidence of “exposure” to a “positive” “tested” student by being within 6 feet for 15 minutes or more. They understood I was allowed to stay on campus because HUSD has zero evidence of exposure within 6 feet for 15 minutes, but students are not allowed the same freedom for an equal education.


On Friday December 10, I received the district’s reply to our Dec. 3 meeting: the district claimed that their policy requiring employee use of EUAs or being put on unpaid leave was a “broader right” of Title 21’s right of full and fail choice to accept or decline EUAs without coercion. I responded in detail with request for another meeting for HUSD to explain their Orwellian-inversion of simple terms to claim “broader rights” include forced student segregation and forced employee unpaid leave.


On December 14, I invited the district to surrender if they wanted to avoid an upcoming meeting with ~50 students with pointed questions. HUSD announced the following day they wouldn’t enforce student “vaccine requirements.” Because of the district’s refusal to address my questions in their December 10 response, I escalated those questions into Employee Grievances and/or District Complaints. On Dec. 18, I updated ~100 teacher colleagues on breaking events.


Also on December 14, the district superintendent officially responded to placing my PLC on two months of censorship under threat of my employment termination if I continued reporting to teachers in “unprofessional conduct” they claimed since April, but repeatedly refused to cite from anything I wrote, said, or did. They withdrew the censorship under claim that the “initial” censorship was valid due to “district confusion” that my addressing a doubled student failure rate was not “focused on standards based instruction, and/or school goals, and/or district goals.” HUSD made this claim despite the PLC report in question stating in the first paragraph that the purpose of the report is to address our doubled student failure rate (btw: the reading level in the paragraph averaged at the 10th Grade level among 5 tests). HUSD claimed they needed “clarification,” and chose censorship rather than asking clarifying questions citing any concern. HUSD also chose silence over my two months of questioning to cite their concerns and alleged policy violations, including silence to two levels of my employee Grievance. My “clarification” was sufficient to remove district censorship, but not sufficient to remove district threat of my employment termination. 


After the Winter Break on January 4, 2022, our principal reported another claimed “positive” “case” of “Covid,” and “health” “ordered” 18 of my students into “separate but equal” medical segregation for 10 days of “isolated-public education.” Two students asked for my help to stand for their rights that HUSD has zero evidence they had “close contact” within 6 feet for 15 minutes to the “positive” student, as the district claimed was the rule for unvaxxed students. My question to the principal how this is legal was responded that my question was a “negative connotation” and refused to answer with promise of no further response (Update 1).


On Thursday Jan. 6 at 6:30 AM, I emailed the leaderships of HUSD and our teachers’ union of the facts, then one of the students and I met with the principal and assistant principal before school. The student, an 11th Grade female with spark and courage, further met with the APafter I left to teach classes, with the AP calling a school nurse then an assistant superintendent for help answering the question he couldn’t answer. Nobody had an answer of the district’s authority to QU-segregate students without proof of close contact. That assistant superintendent met the following morning with that student and a second segregated student (11th Grade male with quiet intelligence and strength). Both students reported that the Assistant Superintendent spent an hour trying to talk them out of their questions, claimed the district was acting “out of abundance of caution” (a talking point our principal also used). When the students insisted on answers, this assistant superintendent promised to call the county health department to ask “what to do about these two students.” Despite having no evidence of ordering authority, she maintained the district’s “health” “order” for their isolated segregation with the prima facie-illegal claim of “separate but equal” public education. 


The assistant superintendent reneged on her promise to respond no later than Monday Jan. 10 (Update 1), and ignored my three emails requesting she state who she spoke with at the county public health department, what documents were referenced, and what was discussed. Because the assistant superintendent chose silence to these reasonable requests to fulfill her promise to two of my students, I emailed the leaderships of HUSD, our teachers’ union, and our high school’s teachers on Jan. 11, and again on Jan. 12 upon no district response (minus ~12 teachers requesting exclusion). My sharing documentation of an Assistant Superintendent’s lies to two students provoked my school principal into ad hominem attack (Update 4); stating my support of two segregated healthy students were “attacks,” “trying to indoctrinate students into his way of thinking,” and “is by far the lowest I have ever seen any "educator" sink in my 16 years in the profession.” The principal defamed my professional questions on school policies as “lengthy diatribes” “I refuse to respond (to),” then gave instructions to all my teacher colleagues how to block all emails from me on any subject. I find it difficult to imagine a more unprofessional response from a school principal to a teacher’s reasonable and cited questions on district policy.


The week of Jan. 10 to 14 was distance learning via computer because the district sent home too many healthy unvaxxed staff to keep the schools open. HUSD would later that month only send home unvaxxed students “in the same indoor space” as a “positive” “test,” but not staff: another prima facie-illegal policy with motive to not close the school and no apparent “health” concern.


On January 12, I emailed to my broadest audience the documentation of the assistant superintendent ignoring my emails requesting a report how school segregation is legal that she promised my two students, given nobody at the district can explain. The only response we received from that assistant superintendent was to our first standing student who emailed the assistant superintendent requesting a report. Her “answer:” “I do not have an update on how to prove the distance before quarantining.” Please note that this non-answer does not fulfill her promise to report on what she discovered by calling the county public health department, and is similar to a student missing a promised and due report on public policy, and when asked about it after two days being late, the student answers, “I do not have an update.” 


This is a good time to mention that the California Teachers’ Association (CTA) ignored my second request for explanation how state and federal laws for optional experimental medical products can be violated by “health” “orders” (Oct. 20 and Dec. 30). I wonder why (Update 2). 


On Jan. 14, I emailed HUSD + HEA leaderships and our school’s willing teachers that two Assistant Superintendents have refused to document and explain how student segregation to isolated “separate but equal” public education is legal. I also withdrew my consent, in what I consider an excellent public essay. 


On Jan. 18, the district emailed to all staff and community members an “updated” policy to segregate unvaxxed students and staff if they were “in the same indoor space” as somebody “testing” “positive.” My response to district and union leaderships + boards included my promise for student and community complaints if I did not receive reasonable evidence authorizing “in the same indoor space.” HUSD chose silence as their response. By Friday I had 26 of my healthy unvaxxed students “health” “ordered” to isolated segregation from this “same indoor space” invented phrase, but HUSD chose not to enforce this on staff. HUSD “picking and choosing” some arbitrary “health orders” to enforce and not other arbitrary “health orders” proves a hidden political agenda (political=policy=“what is done”) to manipulate our school community, and certainly not a commitment to “health.”


On January 17, I reported to my broadest HUSD email audience that the district’s “requirement” for masks outdoors is also apparently a contrived “order” outside their authority (CDPH + CDC state “optional”), and I raise the question of HUSD fraud. On Jan. 19, our school principal emailed all staff our monthly meeting notes from Curriculum Council. Among the notes: “Share with Departments. Was emailed to all parents and students. Wear masks inside and outside at all times.” I responded to all that requiring masks outdoors is outside CDPH and CDC guidance, so therefore the policy is in apparent error. The principal replied to all with choice to ignore the facts, and defame my response as both unprofessional and unworthy of serious reply: “Aren’t you supposed to be teaching right now”? This disrespect opened the door for other staff to attack: I responded to ad hominem replies and demands for my censorship over the next ten hours. The principal never addressed the policy question, nor the unprofessional ad hominem he began in a remarkable email chain from professional educators “dedicated to factual mastery.” I conclude this to be among the most powerful evidence against the district, and for asking obviously important questions if I seek justice in a courtroom. This also validates my ongoing observation that ~98% of people cannot rise above “official” propaganda even when facts are clearly and professionally documented. I received my relative “Socrates verdict” :)


I engaged with our Social Science Department teachers (5 of 9 opted out) regarding these policies apparently outside legal limits. I offered our two hero students instructions how to file an official district complaint. I started calling the HR Assistant Superintendent during class time on speakerphone to get answers to our questions, emailed those questions to the Health Director and her, and promised to call with my classes until we got answers (we got no answers to messages we left). 


On Jan. 22 I emailed leaderships of district, teachers’ union, and school admin (not boards) repeating documentation, questions, and promise to shine brighter light on the questions. Upon no response, on Jan. 23 I filed two more Grievances for apparently illegal policies on masks and student segregation, and promised to share the Grievances with teachers inviting their filing. I also promised to assist my 26 returning students from segregated “separate but equal” education to file complaints. On Jan. 23, the Superintendent promised a “response” the following day. On Jan. 24, I received notice from the HR Assistant Superintendent to not report to work on Jan. 25 (the first of 3 days of all-school final exams for the first semester, forcing me to cancel final exams for all my students) in order to be on a 9AM Zoom call that informed me I was placed on paid administrative leave to “investigate” my January 17 email (Update 1). 


On Jan. 24 (Update 4) I received another notification from my principal that I was: “a potential close contact with a positive case in your class.  Students that are fully vaccinated can stay in school if they are not showing any symptoms. Please let us know if you have any questions, and take care.” I responded with questions how the district can order unvaxxed students home but not staff, and where in any authoritative document HUSD is empowered for their “in the same indoor space” “health” “order.” The principal did not respond, of course.


Paid administrative leave is censorship to remove my capacity to communicate with colleagues, and to stop my participation asking questions and citing apparent inconsistencies of HUSD “health” “orders” to limits of law. This censorship is because any answer HUSD has so far provided is further demonstration their “orders” are outside the law. HUSD will extend their “investigation” about how and why I asked questions (rather than answer obvious and essential questions) until the end of the school year, I predict.


On Monday Feb. 7, I Zoom-met my CTA/HEA-appointed attorney to discuss my case from a perspective to “play defense” against any likely district allegation. I framed the case as district evasion from questions that prove illegal “health” “orders” that anyone can verify by comparing “orders” to limits of definitive laws. I also requested a professional analysis of suing the district for per se defamation and any other related protections/remedies for my professional reputation, freedoms from ongoing harassment, and coercion into retirement to avoid further abuses.


On Feb. 9, 2022, the HR Assistant Superintendent managing my paid administrative leave claimed my 5 active Grievances against the district were “in abeyance” because “contractual issues to be resolved would fall within regular work duties.” She did not respond to my request to cite district authority to destroy due process with Grievances, despite my citations of all applicable contract language I could find and imagine that both gave no such authority, and reminded all of ongoing due process rights. Moreover, in reading that section of our CBA, I discovered HR has one contractual duty to me: an “updated progress report every five work days until resolution” that the district was ignoring. I responded sharply, including my union-appointed attorney, and union President + VP + CTA liaison. HR also continued silence to my repeated requests to schedule a Zoom meeting for the district’s answers to essential questions HUSD promised to answer; some questions going back to early October 2020.


On Feb. 17 after continued district silence, I offered the district’s HR Assistant Superintendent whistle-blower status by joining our side (she did not respond). On Feb. 21, I filed a 6th active employee Grievance for the district violating seven contractual rights regarding my being placed on paid administrative leave to “investigate” how and why I’m asking questions (rather than answer them). My teachers’ union/CTA claimed that despite zero contractual language in support, my rights for Grievance due process are “in abeyance” “because” that “is the practice when folks are on leave.” I appealed to the CTA-appointed attorney, who promised a progress report on what the district is actually “investigating” about me, Grievances, and the possibility of a lawsuit against HUSD for their apparent harassment and defamation.


From Episode 48 on February 24 until March 10’s Episode 49, HUSD reported to me that they have nothing to report after at least 7 weeks of “investigation” (no surprise, as my union-appointed attorney and I are in agreement that the district can, and will, extend their “investigation” until the end of the school year to evade my questions and stop my reports to HHS staff). My attorney made a new and unique claim to district “legitimate” ordering authority on March 9 that Title 8 of the California Code of Regulations section 3205(c)(9)(E) allows employer discretion for “greater protections” and therefore allows an employer to create “health” “orders” outside any guidelines. I retorted in detail such a new “answer” after 18 months of asking HUSD + all 14 of the most authoritative CA government agencies is, on its face, bullshit after-the-fact desperation, and requested answers to pointed questions. On March 3, HEA’s President agreed to take my Grievances “out of abeyance” and join my request that the Superintendent and HR Assistant Superintendent answer all my questions! I accepted, and followed-up on March 10 to check status of this intriguing promise.


On March 25, 2022 I had a Zoom call with HUSD’s Superintendent, HR Assistant Superintendent, our teachers’ union President, and our local CTA representative to address 5 employee Grievances HUSD had ignored, then claimed are “in abeyance” after they forced me on paid administrative leave to “investigate” how and why I asked questions. The superintendent claimed all district “health” “orders” are lawful because they grant “broader rights,” and that is the answer to all my questions. He refused to answer my follow-up “How is forcing me on unpaid leave for declining experimental medical products a ‘broader right’ to my Title 21 right to freely decline experimental medical products” because he claimed that is a question for the employee complaint process. The superintendent did promise to answer all questions through that process. After I read the procedures for complaints, my response back to the district is they’ve already violated that process with their choice to ignore my multiple requests for answers because they are required by law to meet with me to address my concerns. I again offered HUSD the opportunity to surrender by forcing these questions upon county and/or state rather than answer them, then to withdraw obedience if we receive no answers, or Orwellian doublespeak such as forced unpaid leave is a “broader right” for employees. The district is required to respond in writing as to their positions by Friday April 8, 2022, which includes another Grievance that I’m required by contract to not discuss until decided. I followed-up again to include another Assistant Superintendent managing the complaint process to request that the district acknowledge they’ve violated my rights, then meet with me to finally answer all my questions regarding “health” “orders” in apparent violations of multiple and superior laws.


On April 1, HUSD’s HR Assistant Superintendent sent me an email claiming to answer a question I verbally asked at our March 25th Zoom meeting, then claimed, “The District feels it has reasonably and sufficiently responded to this request for information.  Please consider this the final response to this matter.” As you’ve predicted, this public school district allegedly committed to uphold the highest academic professional standards:

  • Invented a straw-man question I didn’t ask.
  • Ignored my submitted written questions, some going back to September, 2020 with repeated requests for answers ~20+ times.
  • “Answered” their own lie-created straw-man question, claimed they responded to my question, and asked me to shut-up: “The District feels it has reasonably and sufficiently responded to this request for information.  Please consider this the final response to this matter.”

After my response to this lying Assistant Superintendent, I asked our teachers’ union president and CTA representative, “I'm curious: is HUSD usually this evil, unprofessional to repeatedly IGNORE written questions they are legally obligated to answer honestly, and soul-suckingly addicted to lying, OR is this unusual behavior for them?”


HUSD reneged on their timeline to respond to my four Grievances (I dropped one Grievance that HUSD began performing by reporting they had no updates to report upon), and responded late on April 18. By contract, I cannot report on those Grievances’ statuses until they are decided (amended on June 14, 2022 with HUSD’s decision to reject them all). I can report that the district claims my Complaints (distinct from Grievances) have all already been addressed because the Superintendent has repeatedly dictated to employees, students, and community that we must follow orders from the state. I used the superintendent’s reply to request the Assistant Superintendent managing due process of complaints, and the Complaint Manager, to join me in my questions receiving ethical answers beyond “just follow orders.” I sent these two further communication reminding that two students have been lied to since January 10 to receive an explanation with documentation how unvaxxed students could be segregated to “separate but equal” isolated “education” without evidence of their exposure to Covid through a “close contact” (within 6 feet for 15 minutes of a “positive” “test”).


Two days later, on Friday April 22, the superintendent emailed me to claim he is “the district.” This appears as an attempt to stop the Assistant Superintendent over Complaints and the Complaint Manager from exercising our mutual Oath to support and defend limited government under Constitutional laws by comparing his non-answers to my actual questions (Update 1) for any violations of Complaint due process and laws. I responded that he speaks for his office only, and that the purpose of our Oath is for anyone and all of us to review “orders” for obvious violations of law. 


On April 25, I explicitly claimed whistleblower status to the Assistant Superintendent over Complaints and the Complaint Manager, and bcc’d the 11 parents and staff who had previously contacted me expressing support (Update 1, with one parent replying that she, too, had her Complaint ignored).  I followed with two more emails and three phone messages that these two minions all refused response, despite these follow-up emails quoting Board policy requiring HUSD to educate students and staff on health policies (not obfuscate and lie to students/staff by refusing to answer direct questions), and that HUSD continues to refuse to provide the information they received from the state for medical and religious exemptions to experimental medical products. On April 29 (Update 2), I emailed HUSD Board members with final legal notice that their employee superintendent and managed administrators refuse to honor due process of Complaints, and are covering-up apparent illegal “health” “orders.” At this point I no longer mask their identities, as they should be fully accountable to the public after 20 months of documented lies. I consider this an excellent essay to explain and document the core of HUSD’s two-part Orwellian “argument” to employees, students, and community: “Just follow orders,” and consequences for disobedience are “broader rights” granted by the district to those receiving the consequences. 


On May 5, 2022 my teachers’ union Board responded they are unlikely to support my Grievances to arbitration. I sent them the summary of indefensible district lies, crimes, and cover-ups, with questions of justice the union must accept (or be exposed as evil collaborators injecting children with poisonous “experiments”). We’ll meet via Zoom on May 17th. Our contract states that I’m to keep “all proceeding private,” but because I’m a whistleblower pointing out OBVIOUS crimes of proven deadly consequences who has been denied due process from the other parties in the contract, I must go to the public for any hope of justice. I assert legality from honoring the mutual Oath among HUSD, HEA, and me to support and defend limited government under our CA and US Constitutions. The USA and California are defined by our Constitutions, so without those limits coming first and foremost, our Oath has no meaning. Therefore, any conflict between our CBA and Oath must place our Constitutions superior to any CBA provision that would subvert them. Because I’ve abundantly demonstrated the prima facie-illegality of “health” “orders,” I am empowered by our Oath to take all reasonable actions to require official written explanations how such prima facie-illegal “health” “orders” are within the limits of law.


On May 22, I had yet to receive a decision from our teachers’ union Board, so I sent another email for clarifying choice that they must either stand for truth against OBVIOUS CTA and district lies, or bond with liars committing prima facie Crimes Against Humanity targeting children.


On May 26, HEA’s President emailed me to decline arbitration for all Grievances. This local teachers’ union, in communication with the state teachers’ union (CTA) therefore: 

  • Condone proven INVENTED “health” “orders” from districts that cannot be challenged, 
  • Allow school districts to ignore OBVIOUS questions from teachers, families, and students,
  • Support district proven lies to “order” student and teacher segregation (if unvaxxed) despite inventing the “orders” to do so,
  • Support school districts to refuse providing anyone with information about medical and religious exemptions to forced medical experiments on staff and children.

On June 14, 2022 I filed for retirement with request of settlement from HUSD for $500,000 as compensation for ending my career early, and for an openly hostile and harassing work environment. The email I sent to HUSD is an excellent summary of the two full school years of challenging my public school district’s prima facie-illegal “health” “orders” as an award-winning, and now retired, teacher.


On June 15, one of our involved HUSD parents “replied to all” with my April “Final legal notice” email to HUSD leadership to show everyone my 36-minute interview with The Healthy American leader, Peggy Hall (below). HR Assistant Superintendent Watts refused to answer my three requests to retrieve my personal belongings in my classroom after 38 years’ teaching, and after I reported this to our teachers’ union President and HHS Principal Seymour, she dictated “permission” for me to return to campus for one 99 degree late morning and afternoon (the hottest day in Hayward for the last two years). 


After a month of reflection, my observations:

  • HUSD, CA, and CTA “leaders” are script-readers following orders of a covert power source because their scripts are aligned, all refuse to answer the most BASIC and REQUIRED questions, obfuscate in tragic-comedy, and engage in Orwellian lies when they “answer” instead of evade questions (my conclusions about this “covert power structure”).
  • My teacher colleagues lack the intellectual integrity and/or moral courage to stand for BASIC and REQUIRED facts when they are:
    • “Ordered” to accept most of our students’ families are “non-essential” workers. 
    • “Required” to be shot with unlimited “medical experiments” or be segregated off campus despite their Title 21 freedom to freely decline.
    • “Mandated” to wear masks indoors and outdoors (masks = another “medical experiment” with zero “official” data for outdoor use).
    • Dictated to embrace school segregation for unvaxxed students and staff (despite zero “official” authority or “orders” to do so).
  • My teacher colleagues’ “taking a knee” to “Covid” “orders” is continued demonstration of their inability to respond to:
  • Government (so-called “public”) schools are necessary public propaganda for ongoing US rogue state empire. I wrote a 2016 12-part article series titled US Public Education: Bullshit to train stupefied work animals to explain, document, and prove this extraordinary factual assertion (and here, here). 
  • ~98% of the general population are defeated by “official” propaganda, so my teacher colleague responses are typical.
  • Because our “leaders” are propagandists pushing for dictatorial control, and professional educators are incapable of resistance, humanity needs “friends in high places” for an option beyond work animals for psychopaths. My 9-part article series on American Revolution 2.0 at the end of this current events report is my overview that we have such assistance if we work to earn it.

36-minute interview with The Healthy American, Peggy Hall:




**

Update 1:


On Jan. 22 I emailed leaderships of district, teachers’ union, and school admin (not boards) repeating documentation, questions, and promise to shine brighter light on the questions:


**


Please answer obvious questions about masks “at all times” and QU-segregation if “in the same indoor space”


Herman, Carl


Jan 22, 2022, 6:42 AM


to (Supt., 2 Asst. Supts., Health Director, Principal, HHS Admin Team, teachers’ union President + VP)


“[CA public school students] will learn that all citizens deserve equal treatment under the law, safeguarded from arbitrary or discriminatory treatment by the government.” ~ California History-Social Science Framework, Chapter 17: Principles of American Democracy (page 434)


Dear (Supt., 2 Asst. Supts., Health Director, Principal, teachers’ union President + VP),

For 16 months I have asked reasonable questions supported with citations from our most authoritative government documents, as I do again below. For 16 months, HUSD has responded with silence, “I don’t know,” and the Orwellian “HUSD has broader rights of choice with student segregation and forced unpaid leave for employees.” 


I will only shine brighter light on questions to fulfill our Oath of Allegiance to support and defend limited government within constitutional law.


Answer, or face brighter light:

  • HUSD has a policy of masks “at all times,” including outdoors. CDPH, CDC both state masks are optional outdoors. What is the documented authority HUSD has to “order” masks “at all times”? 
  • HUSD sent emails that students and staff must “quarantine” if “Exposed: In the same indoor space with a person who has COVID-19.” CDPH and CDC both define exposed as close contact (within 6 feet for 15 minutes). What is the documented authority HUSD has to “order” “in the same indoor space”?
  • How is HUSD not in violation of Ed Code 49403 to “cooperate with the local health officer in measures” with masks outdoors and QU-segregation for “in the same indoor space”?
  • HUSD claims compliance with federal law Title 21 rights because HUSD policy provides “broader rights.” How are HUSD consequences of removal from schools for students and employees, and unpaid leave for employees “broader rights” to Title 21 freedoms to decline EUAs?
  • Because HUSD has refused to provide any authorized documents, and I do not find these terms anywhere, where did HUSD get the phrases “at all times” and “in the same indoor space”? Who is giving HUSD “orders” for these policies?
  • HUSD QU-segregated students this week, but not me as an unvaxxed teacher. Why did HUSD make this choice to segregate students but not staff? How is this arbitrary choice legal?

Masks


See for yourselves that HUSD “requirements” seem false: Reconnect with HUSD: 2021-22 School Year District Safety Plan:


“Students in levels PreK-12 are required to wear face coverings at all times, while at school, unless exempted under California Department of Public Health (CDPH) guidelines.” (pg. 5)


“All staff, regardless of vaccination status, must wear face coverings at all times in PreK-12 settings.”  (pg. 6)


**


COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health:


1. Masks 

a. Masks are optional outdoors for all in K-12 school settings.

**


California Department of Public Health (CDPH) Face Coverings Q&A:


Does anyone need to continue to wear masks outdoors?

In general, people do not need to wear masks when outdoors. 

Will unvaccinated children and youth be required or recommended to wear a mask during recess outdoors if they cannot maintain physical distancing?

In general, unvaccinated children and youth do not need to wear a mask outdoors, even if they cannot maintain physical distancing. 


**


CDC: Guidance for COVID-19 Prevention in K-12 schools 


Outdoors: In general, people do not need to wear masks when outdoors. CDC recommends that people who are not fully vaccinated wear a mask in crowded outdoor settings or during activities that involve sustained close contact with other people. Fully vaccinated people might choose to wear a mask in crowded outdoor settings, especially if they or someone in their household is immunocompromised.


**


From Assistant Superintendent (HR), and consistent as I’ve asked:


At this time, the District is following governing protocols as referenced in our Board Policy 5141.22 and Education Code 32282 and 49403, which direct the District to cooperate with local health officer measures necessary for the prevention and control of communicable diseases in school age children specific to influenza pandemic episodes.


From Ed Code 49403:


(a) Notwithstanding any other law, the governing board of a school district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in schoolage children. 

“In the same indoor space”


HUSD apparently references CDPH’s Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public, where the term "exposed" is defined as "close contact" just after "Table 3”:


Exposed persons, whether quarantined or not:

  • Should consider testing as soon as possible to determine infection status and follow all isolation recommendations above if tested positive. Knowing one is infected early during quarantine enables (a) earlier access to treatment options, if indicated (especially for those that may be at risk for severe illness), and (b) notification of exposed persons ("close contacts") who may also benefit by knowing if they are infected.

**


The CDC states quarantine is only for students within 6 feet for 15 minutes of a positive case, or within 3 feet for 15 minutes if both people were masked (chart version).


**


HUSD policy to quarantine unvaxxed students on page 5 of HUSD's Jan. 16 chart is beyond what's authorized by what I assume is the most authoritative governing document, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health:


8. Quarantine recommendations for student close contacts who have NOT completed the primary series of COVID-19 vaccines NOR were previously infected with (laboratory confirmed) SARS-CoV-2 within the last 90 days for exposures when both parties were wearing a mask, as required in K-12 indoor settings. These are adapted from the CDC K-12 guidance and CDC definition of a close contact.  See the K-12 Schools Guidance 2021-2022 Questions & Answers  for additional recommendations to focus on high-value contact tracing to protect students and staff. 

a. When both parties were wearing a mask in any school setting in which students are supervised by school staff (including indoor or outdoor school settings and school buses, including on buses operated by public and private school systems), students close contacts (more than 15 minutes over a 24-hour period within 0-6 feet) may undergo a modified quarantine as follows. They may continue to attend school for in-person instruction if they:

i. Are asymptomatic; 

ii. Continue to appropriately mask, as required;

iii. Undergo at least twice weekly testing during quarantine; and

iv. Continue to quarantine for all extracurricular activities at school, including sports, and activities within the community setting; OR

b. Schools may follow the recommendations provided in the Group-Tracing Approach to Students Exposed to COVID-19 in a K-12 setting


**


On the last page of Reconnect with HUSD: 2021-22 School Year District Safety Plan:


Our Trusted Sources of Information

Information regarding the pandemic and safety protocols can change regularly. We rely on the following trusted sources of information, among others, to make important decisions and keep you informed: 

I looked at HUSD's three trusted sources: 


HUSD's first trusted source provides a link to the very first document I cited that demonstrates "exposed" = "close contact," and to the state guidance I cited above that does not list quarantine as an option for "in the same indoor space." In fact, where did HUSD find the term "in the same indoor space" I could not find anywhere? From that first source:


TK-12 Schools

California Department of Public Health (CDPH) released Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public. 

    • School staff can follow this updated isolation and quarantine guidance (see tables 1-3 in the guidance)
    • Students can follow this updated isolation guidance (see table 1 in the guidance)

**


HUSD's second trusted source confirms the definition of close contact as "having multiple brief exposures adding up to 15 minutes" if, and only if, that exposure was within 6 feet. This HUSD trusted source provides three template letters about quarantine to send home (1, 2, 3) that all begin with, "Your child <name> has been identified as having close contact exposure" which confirms HUSD's burden of proof to demonstrate close contact for a quarantine option. The bottom of page 11 refers to CDPH's K-12 Schools Guidance 2021-2022 Questions & Answers for more information on quarantine, which states again the requirement for close contact: 


Asymptomatic student close contacts who have NOT completed the primary series of COVID-19 vaccines NOR were previously infected with (laboratory confirmed) SARS-CoV-2 within the last 90 days exposed to COVID-19 may qualify for a modified quarantine, provided they meet criteria listed in the K-12 Guidance. 


HUSD's third trusted source of Cal/OSHA had this information from the FAQs that is linked in their first paragraph, again confirming that HUSD must be able to prove close contact, and not "in the same indoor space”:


Addressing COVID-19 Cases in the Workplace

  1. Q: What is a “close contact”?
    A: An employee has had a close contact if they were within six feet of a COVID-19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the “high risk exposure period.”

**

Title 21


“Be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject's decision.”  

~ California Health and Safety Code § 24171 to § 24176, the principle of informed consent universally used for any medical experiment, and the purpose of US Code Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) to uphold The Nuremberg Code to end unwanted medical experiments forever (all EUAs are legally defined as “medical experiments”)


**

California Government Code Sec. 3108: “Every person who, while taking and subscribing to the oath or affirmation required by this chapter, states as true any material matter which he or she knows to be false, is guilty of perjury, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.”

**

“[CA public school students] will learn that all citizens deserve equal treatment under the law, safeguarded from arbitrary or discriminatory treatment by the government. …Students will examine both the constitutional basis for and current examples of the fact that members of the government are themselves subject to the law… Students learn that democracies depend on an actively engaged citizenry—individuals who fully participate in the responsibilities of citizenship (such as voting, serving in the military, or regular public service)— for their long-term survival. … Students may also define and identify illegitimate power and explore how dictators have gained and held onto office. The fundamental components that typically distinguish democracies from dictatorships include control of the media, lack of political and personal freedoms, corruption of public officials, lack of governmental transparency, and the lack of citizens’ access to changing the government. Case studies should be included in this unit in order to consider the economic, social, and political conditions that often give rise to tyranny. Does such a government rest on the consent of the governed? Do citizens have rights that the state must respect; if so, what are they? What is the role of civil dissent, and when is it necessary?”  ~ California History-Social Science Framework, Chapter 17: Principles of American Democracy (pages 434, 435, 437, 451, with bold added)


-- 

Carl Herman

(omitted) High School Mathematics Department

National Board Certified Teacher

National Board Certified Teacher Coach


May everything add up for you


Social Justice: save millions of lives, help billions of people, redirect trillions of dollars to help build a future brighter than we can imagine


**


Update 2:


Upon no response to the preceding update, on Jan. 23 I filed two more Grievances for apparently illegal policies on masks and student segregation, and promised to share the Grievances with teachers inviting their filing. I also promised to assist my 26 returning students from segregated “separate but equal” education to file complaints: 


**


Level I Grievance against (Principal, HR Asst. Supt., Supt.): HUSD “outdoor mask” policy violates CDPH, CDC, Ed Code 49403



Herman, Carl


Jan 23, 2022, 5:38 AM



to (Supt., Asst. Supt., Principal, HHS Admin Team, teachers’ union President + VP)


Dear Colleagues,

I am inviting staff to join this Grievance, and for students and families to file complaints.


Those involved in upholding prima facie-illegal policies have a choice to face this momentum, or join us in the questions to withhold obedience until the questions are answered. If essential questions are not answered, or given Orwellian responses that segregation and unpaid leave are "broader rights," then withdraw cooperation.


Choose wisely.


-- 

Carl Herman

(omitted) High School Mathematics Department

National Board Certified Teacher

National Board Certified Teacher Coach


**


(2 grievances; each sent individually)


Level I Grievance against (Principal, HR Asst. Supt., Supt.): HUSD “outdoor mask” policy violates CDPH, CDC, Ed Code 49403


“[CA public school students] will learn that all citizens deserve equal treatment under the law, safeguarded from arbitrary or discriminatory treatment by the government.” ~ California History-Social Science Framework, Chapter 17: Principles of American Democracy (page 434)

  • HUSD has a policy of masks “at all times,” including outdoors. CDPH, CDC both state masks are optional outdoors. What is the documented authority HUSD has to “order” masks “at all times”? 
  • How is HUSD not in violation of Ed Code 49403 to “cooperate with the local health officer in measures”?
  • How is HUSD not in violation of Hayward USD and HEA CBA Article 3 for policies “in conformance to law”?
  • Who is giving HUSD “orders” for these policies?

HUSD must either cite their authority for “health” “ordering” masks outside, or rescind the policy with apology, and explain where HUSD got that “health” advice from.


Documentation: 

(same as above in Update 1)


**


Level I Grievance against (Principal, HR Asst. Supt., Supt.): HUSD “in the same indoor space” policy violates CDPH, CDC, Ed Code 49403


“[CA public school students] will learn that all citizens deserve equal treatment under the law, safeguarded from arbitrary or discriminatory treatment by the government.” ~ California History-Social Science Framework, Chapter 17: Principles of American Democracy (page 434)

  • HUSD sent emails that students and staff must “quarantine” if “Exposed: In the same indoor space with a person who has COVID-19.” CDPH and CDC both define exposed as close contact (within 6 feet for 15 minutes). What is the documented authority HUSD has to “order” “in the same indoor space”?
  • How is HUSD not in violation of Ed Code 49403 to “cooperate with the local health officer in measures” with QU-segregation for “in the same indoor space”?
  • How is HUSD not in violation of Hayward USD and HEA CBA Article 3 for policies “in conformance to law”?
  • Because HUSD has refused to provide any authorized documents, and I do not find these terms anywhere, where did HUSD get the phrase “in the same indoor space”? Who is giving HUSD “orders” for these policies?
  • HUSD QU-segregated students this week, but not me as an unvaxxed teacher. Why did HUSD make this choice to segregate students but not staff? How is this arbitrary choice legal?

HUSD must either cite their authority for “health” “ordering” QU-segregation, or rescind the policy with apology, and explain where HUSD got that “health” advice from.


Documentation:


“In the same indoor space”


(same documentation as in Update 1)


**


Update 3:


On Jan. 23, the Superintendent promised a “response” the following day. On Jan. 24, I received notice from the HR Assistant Superintendent to not report to work on Jan. 25 (the first of 3 days of all-school final exams for the first semester, forcing me to cancel final exams for all my students) in order to be on a 9AM Zoom call that informed me I was placed on paid administrative leave to “investigate” my January 17 email (Update 1). My response to that meeting is included:


**


(Superintendent)


Sun, Jan 23, 5:53 PM




to (me, 2 Asst. Supts., Health Director, HUSD + HEA Boards, Principal, HHS Admin Team, teachers’ union President + VP)



Dear Mr. Herman,


You will be receiving by tomorrow (Monday) a separate communication about the issues you raise here. The email will also include communication protocols. In the meantime, please do not reply all to this email. Thank you for your cooperation. 


Thanks,



Superintendent


**


Herman, Carl


Jan 24, 2022, 8:21 AM


to (Supt., 2 Asst. Supts., Health Director, HUSD + HEA Boards, Principal, HHS Admin Team, teachers’ union President + VP)


Until questions are answered rationally (not segregation = "broader rights"), I will only comply with your contractual authority, (Supt.). 


Solution: Have a recorded Zoom call with me to answer the following questions that HUSD refuses to answer. 


Do you accept?

  • HUSD has a policy of masks “at all times,” including outdoors. CDPH, CDC both state masks are optional outdoors. What is the documented authority HUSD has to “order” masks “at all times”? 
  • HUSD sent emails that students and staff must “quarantine” if “Exposed: In the same indoor space with a person who has COVID-19.” CDPH and CDC both define exposed as close contact (within 6 feet for 15 minutes). What is the documented authority HUSD has to “order” “in the same indoor space”?
  • How is HUSD not in violation of Ed Code 49403 to “cooperate with the local health officer in measures” with masks outdoors and QU-segregation for “in the same indoor space”?
  • HUSD claims compliance with federal law Title 21 rights because HUSD policy provides “broader rights.” How are HUSD consequences of removal from schools for students and employees, and unpaid leave for employees “broader rights” to Title 21 freedoms to decline EUAs?
  • Because HUSD has refused to provide any authorized documents, and I do not find these terms anywhere, where did HUSD get the phrases “at all times” and “in the same indoor space”? Who is giving HUSD “orders” for these policies?
  • HUSD QU-segregated students this week, but not me as an unvaxxed teacher. Why did HUSD make this choice to segregate students but not staff? How is this arbitrary choice legal?


**


(This email chain is from most recent first);


Re: HR Meeting - C. Herman


(teachers’ union Pres.)


Jan 24, 2022, 6:43 PM


to Carl, Carl


Hello Carl


I can attend at 9 tomorrow morning via zoom. I have received the forwarded zoom link. Would you like me to ask for a few minutes before the meeting to talk or I can call you at 8:30 to talk beforehand.


Please let me know your preference when you get a chance.


(teachers’ union President)


**


On Mon, Jan 24, 2022 at 5:36 PM (HR Asst. Supt.) <> wrote:

Thank you for this confirmation.


Kind regards,

(HR Asst. Supt.)


Assistant Superintendent, Human Resources


**


On Mon, Jan 24, 2022 at 5:31 PM Herman, Carl <> wrote:


How is it reasonable to ask for a representative less than 18 hours before a secret meeting that may have the most important employment consequences?


I attend under protest. 


If (teachers’ union President) can manage attendance, or have a rep there, I will gladly welcome that person. 


**


On Mon, Jan 24, 2022 at 4:14 PM (HR Asst. Supt.) <> wrote:


Mr. Herman,


The purpose of the meeting is to discuss a confidential personnel matter related to your current teaching assignment.  The date/time of the meeting will not be changed.  Yes, a substitute will be scheduled for your absence.


Please confirm that you will have a representative present with you at the meeting.  As you have included HEA representatives on this email, you may confirm with them who you would be in attendance with you at the meeting.


Kind regards,


(HR Asst. Supt.)

Assistant Superintendent, Human Resources


**


On Mon, Jan 24, 2022 at 3:24 PM Herman, Carl <> wrote:


(HR Asst. Supt.): 

  1. What is the subject of the meeting?
  2. Your scheduled meeting for a substitute tomorrow means the students will not have a teacher for a final exam. I request a meeting after 1PM so our students are not forced into missing a final exam that will not be competently administered with a sub.
  3. The timing of your meeting is unreasonable to have a rep present, unless (teachers’ union President) can attend or find someone. What is the big emergency to deprive students of their final exams?

(teachers’ union President): can you attend or have someone there? Is it reasonable for HUSD to make such a request?


**


On Mon, Jan 24, 2022 at 3:05 PM (HR Asst. Supt.) <> wrote:


Mr. Herman,


A meeting with me has been scheduled for you Tuesday, January 25, 2022, 9:00 am.   The meeting with you will be via zoom regarding a personnel matter.  This is a confidential meeting with myself, you and your site administrator.  Please respond to this email if you wish to have a representative attend with you, the name and contact information of that representative, so that I may include the representative in the zoom meeting invitation. 


Please do not report to work at (omitted) High School in the morning.  An AESOP absence will be placed for you in the substitute system for Tuesday as 'school business', a Zoom meeting link will be shared with you shortly.  The meeting will not be recorded.


Regards,


(HR Asst. Supt.)

Assistant Superintendent, Human Resources


**


Via:      Email


Date:      January 25, 2022


To:      Carl Herman, Teacher, Hayward High School


From:      (omitted), Assistant Superintendent, Human Resources


Copy to:      (omitted), Principal, (omitted) High School

(omitted), Certificated Director, Human Resources

     Personnel File


Subject: Administrative Leave with Pay Pending an Investigation


The purpose of this correspondence is to inform you that effective January 25, 2022, you will be on paid administrative leave to allow us to conduct an investigation into allegations of unprofessional conduct. Your placement on administrative leave is not disciplinary. Rather, it is appropriate given the nature of the concerns and the need to discern the existence and scope of the alleged conduct.


During the term of this leave, you continue to retain your position, title and salary and are considered to be on duty during your regular working hours. Accordingly, you are to remain on call and available to the District on a one-hour notice during your regular working hours. If we require that you meet with

District staff or District’s legal counsel, we will contact you at the telephone number you provided as your official number of record. We may also contact you at this number to update you on the investigation. If you prefer we contact you at a different number or e-mail address, please inform me immediately.


District policy strictly prohibits retaliation against any person who has made a complaint or participated in good faith in an investigation. Any retaliatory conduct may subject you and the District to liability and result in discipline of any person who engages in retaliation. Consequently, you must avoid any and all

conduct that could be interpreted as retaliatory. It is important that you not discuss or otherwise communicate with others, except for your representative and/or attorney, concerning the existence of the investigation, the name of any complainant, respondent, or witness; any factual allegations; or the

testimony of any complainant, witness, or respondent. Each investigation participant will be provided with the same instructions to maintain confidentiality and refrain from any retaliation.


While on administrative leave, you must not enter or access any District campus, facility, property, computers, files or records or attend any District events without the express written approval of your immediate supervisor. If you have personal property that you must retrieve, please contact your immediate supervisor, (Principal) at (omitted email).


If you have any questions concerning this leave or this memorandum, please call me directly at (omitted) and email at (omitted)


We appreciate your anticipated cooperation with this investigation.


Issued by: (HR Asst. Supt.) On: 1/25/22

Received by: Carl Herman On: 1/25/22

Telephone Number: (omitted) Work Hours: 8:30 am – 3:30 pm

Email contact: carl_herman@post.harvard.edu


**


(HR Asst. Supt.): promised answers from our Dec. 3 meeting with HEA President (omitted) you’ve failed to deliver since Dec. 3?


Carl Herman <>


Tue, Jan 25, 10:42 AM (13 days ago)


to (HR Asst. Supt., teachers’ union President, union connection to attorney, Principal)


(HR Asst. Supt.),

To emphasize: if (Supt.) is having an "investigation" into something he fails to specifically cite that I wrote, please reject it. As I reminded, on our last Zoom call with (Supt.) for a Level III Grievance where I contested his uncited censorship of my PLC (he refused responses to Level I and II), I interrupted (Supt.’s) 5 attempts to allege his opinion about what I wrote was what I wrote. On the 6th attempt, he quickly scanned my PLC report only to confuse a factual claim I made with an opinion I held. If this episode is similar to the last for (Supt.) to abandon all academic and professional standards of citation, please protect this regular teacher by closing the "investigation"!


All I've done since Sept. 2020 is ask OBVIOUS and essential questions, while citing the most authoritative government documents.


All I've received from HUSD is silence, the tragic-comic "separate but equal" QU-segregation of students and forced unpaid leave for staff are "broader rights" of our medical choices, and the only truthful answer from you, (HR Asst. Supt.), on Dec. 3 of "I don't know" how Title 21 rights can be destroyed. Of course, the one truthful answer was replaced by the two-paragraph "broader rights" argument from an anonymous attorney HUSD refuses contact for questions.


Attached is the Dec. 3 email I sent to you with a summation of our Zoom meeting that day, and the promised information you've failed to deliver for 53 days since that call, with previous written requests for the information HUSD received to administer medical and religious exemptions to experimental medical products beginning on October 11, 2021 (106 days ago). 


Despite ongoing requests since, and amplified requests, (Supt.) notified me yesterday regarding my Jan. 17 email, "You will be receiving by tomorrow (Monday) a separate communication about the issues you raise here. The email will also include communication protocols. In the meantime, please do not reply all to this email." That is also attached.


(Supt.) seemingly concludes that removing a regular teacher during final exams is a more professional response than my proposal of a Zoom meeting to answer these questions, which I also have repeatedly asked of you, (HR Asst. Supt.):

  • HUSD has a policy of masks “at all times,” including outdoors. CDPH, CDC both state masks are optional outdoors. What is the documented authority HUSD has to “order” masks “at all times”? 
  • HUSD sent emails that students and staff must “quarantine” if “Exposed: In the same indoor space with a person who has COVID-19.” CDPH and CDC both define exposed as close contact (within 6 feet for 15 minutes). What is the documented authority HUSD has to “order” “in the same indoor space”?
  • How is HUSD not in violation of Ed Code 49403 to “cooperate with the local health officer in measures” with masks outdoors and QU-segregation for “in the same indoor space”?
  • HUSD claims compliance with federal law Title 21 rights because HUSD policy provides “broader rights.” How are HUSD consequences of removal from schools for students and employees, and unpaid leave for employees “broader rights” to Title 21 freedoms to decline EUAs?
  • Because HUSD has refused to provide any authorized documents, and I do not find these terms anywhere, where did HUSD get the phrases “at all times” and “in the same indoor space”? Who is giving HUSD “orders” for these policies?
  • HUSD QU-segregated students this week, but not me as an unvaxxed teacher. Why did HUSD make this choice to segregate students but not staff? How is this arbitrary choice legal?

Be proud of your choices,

Carl



**


Update 4:


On Jan. 24 I received another notification from my principal that I was: “a potential close contact with a positive case in your class.  Students that are fully vaccinated can stay in school if they are not showing any symptoms. Please let us know if you have any questions, and take care.” I responded with questions how the district can order unvaxxed students home but not staff, and where in any authoritative document HUSD is empowered for their “in the same indoor space” “health” “order.” The principal did not respond, of course.


**


Re: Potential Close Contact with a Positive COVID Case


Herman, Carl


Jan 24, 2022, 12:56 PM


to (Principal, teachers’ union President + VP)


I do have questions, but you're not going to like them :)


HUSD should be "ordering" me home based on their new "same indoor space" language, right?


So why the hypocrisy to "order" students home, but not staff? Is that legal?


Where is "in the same indoor space" anywhere on any CDPH or ACPHD document, because in all I looked at, I only saw a modified quarantine for close contact students.


What will HUSD do if I stand for CDPH documents to prove close contact and "in the same indoor space" authority if HUSD enforces for staff?


From Assistant Superintendent (HR), and consistent as I’ve asked:


At this time, the District is following governing protocols as referenced in our Board Policy 5141.22 and Education Code 32282 and 49403, which direct the District to cooperate with local health officer measures necessary for the prevention and control of communicable diseases in school age children specific to influenza pandemic episodes.


From Ed Code 49403:


(a) Notwithstanding any other law, the governing board of a school district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in schoolage children. 


**


On Mon, Jan 24, 2022 at 12:00 PM (Principal) <> wrote:

Hi Students, Guardians, and Staff,


Please see the attached letter regarding a potential close contact with a positive case in your class.  Students that are fully vaccinated can stay in school if they are not showing any symptoms.  Please let us know if you have any questions, and take care.



Please stay safe and well,


(omitted)

Principal


**


Up next!


On February 7, 2022 I had a Zoom meeting with my union-appointed attorney so she can be informed of the background of this case, and receive my documentation. This lawyer is in agreement that the district has no benefit to have me return to work for the next 4 months of the semester, and will therefore take at least that long to “investigate” the “allegations of unprofessional conduct.”


Paid administrative leave is censorship to remove my capacity to communicate with colleagues, and to stop my participation asking questions and citing apparent inconsistencies of HUSD “health” “orders” to limits of law. This censorship is because any answer HUSD has so far provided is further demonstration their “orders” are outside the law. HUSD will extend their “investigation” about how and why I asked questions (rather than answer obvious and essential questions) until the end of the school year, I predict :)


Stay tuned for our next episode :)


**

I make all factual assertions as a National Board Certified Teacher of US Government, Economics, and History (also credentialed in Mathematics), with all economic factual claims receiving zero refutation since I began writing in 2008 among Advanced Placement Macroeconomics teachers on our discussion board, public audiences of these articles, and international conferences (and here). I invite readers to empower their civic voices with the strongest comprehensive facts most important to building a brighter future. I challenge professionals, academics, and citizens to add their voices for the benefit of all Earth’s inhabitants.

**

Carl Herman worked with both US political parties over 18 years and two UN Summits with the citizen’s lobby, RESULTS, for US domestic and foreign policy to end poverty. He can be reached at Carl_Herman@post.harvard.edu 


Note: My work from 2011 to October 2017 is on Washington’s Blog, which the owner closed from Internet censorship in 2019, and here since. Work back to 2009 is censored by Examiner.com (blocked author pages: here, here). This means that some links in essays are inactive. If you’d like to see those articles, go to http://archive.org/web/, paste the expired link into the search box, click “Browse history,” then click onto the screenshots of that page for each time it was screen-shot and uploaded to webarchive.


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