FILED

Hearing Date: 10/30/2023 10:00 AM 6/27/2023 11:23 PM

Location: Court Room 2410 IRIS Y. MARTINEZ
Judge: Loftus, Anna M. CIRCUIT CLERK
COOK COUNTY, IL
2023CH06053
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, 15
CHANCERY DIVISION, COUNTY DEPARTMENT 23319791
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

KATHLEEN O’DEA, DANIEL MCKEE,

MOLLY MCKEE, and HUGH MCKEE,

2023CH06053
Plaintiffs, Case No. ____________
v.
JURY DEMANDED
THE LATIN SCHOOL OF CHICAGO, an Illinois
not-for-profit corporation,
Defendant.

PLAINTIFFS’ VERIFIED PETITION FOR INJUNCTIVE AND OTHER RELIEF

Plaintiffs Kathleen (“Katie”) O’Dea, Daniel (“Dan”) McKee, Molly McKee and Hugh

McKee (the “O’Dea/McKee Family”), by and through their undersigned counsel, bring this

verified petition against Defendant, the Latin School of Chicago (“Latin”). The O’Dea/McKee

Family seek injunctive and other relief because Latin has withheld (from the family and

universities) Molly and Hugh’s diplomas and transcripts following their completion of Latin’s

Upper School (high school) in June 2023, despite the O’Dea/McKee Family’s payment of all

tuition and fees due under their re-enrollment agreements with Latin.

The entire tuition amount reflected in the re-enrollment contracts for Molly and Hugh is

$6,145.50 for each child, plus estimated fees. The O’Dea/McKee Family has paid the tuition

amounts plus actual fees incurred during the school year consistent with the terms of the re-

enrollment contracts. Latin, however, has withheld the diplomas and transcripts under the (false)

claim that the family owes approximately $45,000 in additional tuition payments to the school.

Latin’s demand is based on its self-serving claim that it can disregard the re-enrollment contracts

that it signed because Katie, who had been employed at the school for sixteen years, left for a

position with a new employer near the end of the first semester of the 2022-2023 school year.

For whatever reason, Latin and its Head of School, Thomas Hagerman, turned the screws on the

1
 O’Dea/McKee Family, demanding that they pay tens of thousands of dollars in tuition under the

threat that Molly and Hugh will not ever get their diplomas and transcripts.
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

Latin is aware of the financial and emotional strain its baseless demands have placed on

the family, and particularly Molly and Hugh, whose college attendance sits in question. Hugh,

who has been admitted to the University of Illinois, is to provide final transcripts to the

admissions office by July 1, 2023, and the admissions office has informed Dan that Hugh cannot

commence taking classes (to start August 21, 2023) without Latin submitting Hugh’s final

transcripts directly to the University of Illinois. Katie and Dan are expending time and resources

to try to get additional time for Hugh’s transcript to be submitted to the University of Illinois

given the dispute with Latin, but the requirement still stands. Molly, who has been admitted to

Drexel University, was required to provide a transcript by June 30, 2023, but has been provided

an extension to the end of August 2023. Like the University of Illinois, Drexel University

requires final high school transcripts for newly admitted students.

Latin knows that the O’Dea/McKee Family faces imminent deadlines for the universities

to receive Molly and Hugh’s transcripts and that the amounts demanded by Latin, even if not

entirely baseless (and they are), are insurmountable for the family. Latin also knows that holding

the diplomas and transcripts hostage has caused and continues to cause Molly and Hugh mental

and emotional distress. If Latin had any leg to stand on in demanding money from the family,

there are any number of avenues for Latin to pursue their demands without imposing emotional

and mental harm on their students – now alumni – or risking their educational futures. Instead,

Latin puts its unwarranted financial gain first. While a school putting economic gain above the

emotional and mental wellbeing of its students is ugly even if somehow contractually justified,

there is no contractual or legal justification for Latin’s actions here. Latin chooses to be ugly

2
 because it knows that it is legally wrong and the only way to squeeze the O’Dea/McKee Family

for $45,000 that they do not owe is to bait Katie and Dan with their children’s health and futures.
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

PARTIES

1. Plaintiff Kathleen (“Katie”) O’Dea is the mother of Molly and Hugh McKee, and

a resident of Cook County, Illinois.

2. Plaintiff Daniel (“Dan”) McKee is the father of Molly and Hugh McKee, and a

resident of Cook County, Illinois.

3. Plaintiff Molly McKee is a recent graduate of Latin’s Upper School, and a

resident of Cook County, Illinois.

4. Plaintiff Hugh McKee is a recent graduate of Latin’s Upper School, and a resident

of Cook County, Illinois.

5. Defendant, the Latin School of Chicago (“Latin”) is a not-for-profit corporation

with its principal place of business and citizenship in Cook County, Illinois. Latin operates a

private Upper School (high school) located at or about 59 West North Boulevard in Chicago,

Illinois. Latin’s principal place of business is in Cook County, Illinois.

6. Jurisdiction over Latin is appropriate in Illinois pursuant to 735 ILCS 5/2-209

because Latin does business in Illinois.

7. Venue is appropriate in Cook County pursuant to 735 ILCS 5/2-101 because the

facts giving rise to the causes of action asserted in this complaint took place in Cook County,

Illinois.

FACTUAL BACKGROUND

The Re-Enrollment Contracts

8. Latin is a private school in Chicago that charges tuition for each year of

enrollment at the school. (Exhibit A, K. O’Dea Decl., ¶ 4.)

3
 9. Some families are required to pay “full tuition,” and others are offered annual

tuition in an amount less than the “full tuition.” (Id., ¶ 5.)

FILED DATE: 6/27/2023 11:23 PM 2023CH06053

10. Molly and Hugh attended Latin from junior kindergarten through their senior year

in high school (referred to as the Upper School) at Latin. (Id., ¶ 6; see also Exhibit B, H. McKee

Decl., ¶ 2; Exhibit C, M. McKee Decl., ¶ 2.)

11. To enroll Molly and Hugh for their senior year, the 2022-2023 school year, Katie

and Dan executed re-enrollment contracts for each child on February 7, 2022. (Exhibit A, K.

O’Dea Decl., ¶ 7 and Exs. 1-2, Re-Enrollment Contracts for Molly and Hugh.)

12. Part 1 of the re-enrollment contracts titled “Conditions of Enrollment” provides in

pertinent part:

I/we agree there will be no refund of ANY DEPOSIT OR OTHER

payment or cancellation of unpaid obligations even if my/our child does
not attend school for the entire year for any reason. I/we understand that
I/we are responsible to pay all tuition and other charges for my/our child
when due, regardless of his or her academic performance. This agreement
between us may be canceled in writing up to April 15, 2022 for all
families, after which date I/we will be liable for the full year’s tuition
and all other charges incurred.

(Id., Exs. 1-2, ¶ A (emphasis in original).)

If this contract is not cancelled by timely written notice to the school

received on or before April 15, 2022, and my/our child does not attend
school for all or any part of the school year, I/we agree that the payment of
a full year’s tuition and charges will be required as liquidated damages.

(Id., Exs. 1-2, ¶ B.)

13. In addition, the re-enrollment contracts state that “if a student’s account is past

due” then “no grades, diplomas, or transcripts will be released.” (Id., Exs. 1-2, ¶ C.)

14. The re-enrollment contracts further provide that they are for “one school year,”

not month to month, and enrollment decisions are made “annually.” (Id., Exs. 1-2, ¶ E.)

4
 15. Part 2 of the re-enrollment contracts titled “Tuition and Fees” provides as follows

for Molly and Hugh:

FILED DATE: 6/27/2023 11:23 PM 2023CH06053

2022-2023 Tuition: $6,145.50

Estimated Fees: $900.00
Total Tuition and Fees: $7,045.50

*You will be billed for actual charges such as athletic clothing, school
trips, parent association dues, and other miscellaneous fees, as they arise,
which may vary from this estimate. You are responsible for purchasing
books and will receive instructions about purchasing books at a later date.

(Id., Exs. 1-2 at 1.)

16. The total tuition for the 2022-2023 school year for both children was $12,291 and

estimated fees for both children were $1,800, for a total of $14,091. (Id., ¶ 8 and Exs. 1-2 at 1.)

17. Katie and Dan signed the re-enrollment contracts for Molly and Hugh, agreeing to

these dollar amounts, on February 7, 2022. (Id., ¶ 9 and Exs. 1-2 at 4; Exhibit D, D. McKee

Decl., ¶ 5 and Exs. 1-2 at 4.)

The O’Dea/McKee Family Paid All Amounts Due Under the Re-Enrollment Contracts

18. While the tuition amount in the re-enrollment contracts was fixed at $6,145.50 per

student, the fees were estimated at $900.00. (Exhibit A, K. O’Dea Decl., ¶ 8 and Exs. 1-2, at 1.)

19. During the 2022-2023 school year, the O’Dea/McKee Family incurred $978.55 in

total (actual) fees after calculation of refunds and credits. (Id., ¶ 21 and Ex. 9, Billing Detail

Provided by Latin.)

20. Combining the tuition amount of $12,291 for both Molly and Hugh and the total

(actual) fees of $978.55, the total amount to be paid by the O’Dea/McKee Family for the 2022-

2023 school year was $13,269.55. (Id., ¶¶ 8, 21 and Exs. 1-2, 9.)

21. The O’Dea/McKee Family has made payments to Latin to cover all tuition and

fees owed pursuant to the re-enrollment contracts as follows:

5
 a. Latin deducted $2,113.68 from Katie’s paychecks from to cover 2022-2023

tuition. (Id., ¶ 22 and Ex. 10, Latin Pay Stub Documents.)

FILED DATE: 6/27/2023 11:23 PM 2023CH06053

b. The O’Dea/McKee Family otherwise made the following payments

acknowledged by Latin on a “Payment History” from its tuition management

system:

i. $1,000 paid on 1/9/23

ii. $1,100 paid on 1/23/23

iii. $2,100 paid on 2/21/23

iv. $2,100 paid on 3/20/23

v. $1,100 paid on 4/21/23

vi. $5,534.67 paid on 5/15/23

(Id., ¶ 23 and Ex. 11, Payment History/Payment Detail from Latin’s Tuition Management

System.) The total of these payments made from January to May 2023 is $12,934.67. (Id.)

22. Combining Katie’s payroll deductions and the separate amounts paid to Latin, the

O’Dea/McKee Family has paid Latin a total of $15,048.35 in tuition and fees for the 2022-2023

school year. (Id., ¶¶ 22-24 and Exs. 10-11.)

23. The total amount paid by the O’Dea/McKee Family to cover tuition and fees for

the 2022-2023 school year for Molly and Hugh in the amount of $15,048.35 is more than the

total of $13,269.55 owed pursuant to the re-enrollment contracts. (Id., ¶¶ 21-24 and Exs. 9-11.)

Molly and Hugh Are Harmed as Their Diplomas and Transcripts Are Held Hostage by
Latin in its Demand for Nearly $45,000 More in Additional Tuition

24. Katie worked for Latin for approximately sixteen years before, in the fall of 2022,

she left for a new position with another employer. (Exhibit A, K. O’Dea Decl., ¶ 2.)

6
 25. Katie gave notice that she was leaving her employment at Latin on or around

September 22, 2022 to Shelley Greenwood, Latin’s Assistant Head of School and Katie’s direct
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

boss. (Id., ¶ 10.)

26. On or around September 23, 2022, Greenwood and Katie met with Hagerman,

who inquired as to whether Molly and Hugh would remain enrolled at Latin for the remainder of

their senior year, which Katie answered in the affirmative. There was no discussion of any

tuition amounts at this meeting. (Id., ¶ 11.)

27. Subsequently, other Latin personnel generally engaged with Katie in a manner

presupposing that, upon leaving her employment at Latin, she could be required to pay a “full

tuition” amount at Latin, but some personnel (including Greenwood) assured Katie that would

not be the case. (Id., ¶ 12.)

28. Latin personnel addressed financial aid, loans, and payment agreements with

Katie, and she engaged because, at the time, she was confused regarding the “employee benefit”

versus her (and Dan’s) contractual rights. (Id.) Also, Hugh and Molly wanted to continue at Latin

to complete their last semester and graduate, and Katie expected to find a solution that worked

because in her many years at Latin, departing employees seemed to work something out for their

kids to remain at the school under manageable tuition. (Id.)

29. In no circumstance, did Latin personnel reference or acknowledge the terms of the

re-enrollment contracts to Katie. (Id., ¶ 13.) At no time did anyone at Latin (or on its behalf)

propose to Katie any modification of the tuition amounts in the re-enrollment contracts and, in

retrospect, it is clear that Latin personnel were both ignoring and diverting Katie’s attention from

the re-enrollment contracts. (Id.)

7
 30. Katie and Dan never agreed to any modification of the re-enrollment contracts,

including with respect to the amount of tuition due for the 2022-2023 school year. (Id.; Exhibit
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

D, ¶ 6.)

31. In late November 2022, Katie and Dan spoke with a friend who is an attorney and

he focused their attention on the terms of the re-enrollment contracts. (Exhibit A, ¶ 14; Exhibit

D, ¶ 7.)

32. The re-enrollment contracts nowhere provide that the stated tuition for an enrolled

child could increase for any reason during the one-school year term of the contracts. (Exhibit A,

at Exs. 1-2.)

33. The re-enrollment contracts nowhere provide that tuition amounts are

conditioned on Katie’s continued employment at Latin for the entire duration of the one-school

year term of the contracts. (Id.)

34. Despite having no contractual basis for doing so, on December 1, 2022, Latin sent

the O’Dea/McKee Family a statement reflecting a tuition increase of nearly $45,000 and stating

that unpaid tuition amounts totaled $56,681.28. (Id., ¶ 15 and Ex. 3, Latin Billing Notice.)

35. In response, Dan brought the terms of the re-enrollment contracts to the attention

of Latin no later than December 19, 2022, stating:

In connection with your request for further tuition along with the receipt of
the loan paperwork, be advised there is no basis for your demand.

We’ve reviewed Molly & Hugh McKee’s Enrollment Contract for the
2022-23 school year with counsel. The terms of the contract only stipulate
that we are obligated to pay Total Tuition and [Estimated] Fees in the
amount of $7045.50 per student as detailed in Section 2.

As this is the governing document with regard to Molly & Hugh’s

enrollment for the 2022-23 school year, this is the amount ($7045.50 per
student) that we intend to pay.

(Exhibit D, D. McKee Decl., ¶ 9 and Ex. 4 Gmail Chain (12.19.22 (2:47pm) D. McKee E-mail.)

8
 36. On January 30, 2023, Thomas Hagerman finally responded to Dan’s follow up e-

mails on the issue stating that “the original enrollment contracts were based on Katie’s
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

employment with the School,” without identifying any provision in the written contracts that

would authorize Latin to increase the agreed upon tuition amount during the term of the

contracts. (Id., Ex. 4 Gmail Chain (1.30.23 (7:41pm) T. Hagerman E-mail.) Hagerman also

claimed that “it was made clear prior to [Katie’s] resignation, your family is responsible for the

full tuition amounts at this time,” without explaining how an alleged oral clarification at the time

of resignation (September 2023) could modify the written contracts that Katie and Dan had

signed more than six months prior. (Id.)

37. Hagerman also informed Dan that Latin’s attorney would be handling the matter.

(Id.)

38. Neither Hagerman, anyone else at Latin, or Latin’s attorney ever produced a

signed modification to the written re-enrollment contracts; and the re-enrollment contracts

themselves should have made clear to Latin the set tuition amount for Molly and Hugh for the

2022-2023 school year, which Mark Copestake, Director of Enrollment Management and

Financial Aid, agreed to and executed on behalf of Latin. (Exhibit A, at Exs. 1-2.)

39. Instead of acknowledging the terms of the re-enrollment contracts that it signed,

Latin focused solely on its stated reasoning for offering a reduced tuition amount in the first

place – because Katie had been an employee at Latin. (Id., Ex. 5, 2.3.23 J. Miceli Letter.)

40. On February 3, 2023, outside general counsel for Latin sent Katie and Dan

correspondence stating: “As Ms. McKee [Katie O’Dea] was made aware when she resigned, and

as set forth in the Faculty & Staff Handbook, the tuition remission benefit [i.e., reduced tuition]

is only available to current, salaried, benefits-eligible employees.” (Id.)

9
 41. Latin’s counsel stated that “Latin intends to adhere to its policy and practice” as

the basis for charging the O’Dea/McKee Family an additional $45,000, never once referring to
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

the re-enrollment contracts – agreed to and executed by Latin – in her correspondence to Katie

and Dan. (Id.)

42. These re-enrollment contracts are critical, however, because with them Latin takes

the treatment of “tuition remission” as an employment benefit – set out in an employee handbook

as an optional/conditional/discretionary obligation for Latin, but expressly disclaimed to be a

contractual obligation – and turns the tuition amount into a contractual obligation imposing the

requirement of payment of a set tuition amount in exchange for a year of enrollment regardless

of whether the student remains enrolled for the entire year and regardless of the employment

status of any parents or guardians at the school. (Id., Exs. 1-2, 8.)

43. In addition, the contractual obligation here is imposed upon both an employee

(Katie O’Dea) and a non-employee (Dan McKee). (Id., Exs. 1-2.) As the re-enrollment contracts

state expressly in bold and all caps:

THIS CONTRACT MUST BE SIGNED BY BOTH PARENTS,

UNLESS ONE IS DECEASED OR HAS HAD HIS/HER PARENTAL
RIGHTS TERMINATED BY LAW, OR BY BOTH GUARDIANS, IF
APPLICABLE. EACH PERSON SIGNING THE CONTRACT IS
LIABLE FOR THE TOTAL PAYMENT OBLIGATION WHEN
DUE. THE OBLIGATION IS NOT AFFECTED BY ANY PRIVATE
AGREEMENTS BETWEEN PARENTS OR OTHER PARTIES, OR
ANY COURT ORDERS REGARDING RESPONSIBILITY FOR
PAYMENT OF EDUCATIONAL EXPENSES.

(Id., Exs. 1-2 at 4.)

44. Latin imposed a contractual obligation upon Katie and Dan untethered to the dates

of Katie’s employment at the school, and upon Dan, who was never an employee at the school.

(Id.) Katie and Dan agreed to those contractual obligations and fully performed under the re-

10
 enrollment contracts by paying all amounts due per the terms of those contracts. (Id.); see supra

¶¶ 18-23.
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

45. On March 15, 2023, counsel for the O’Dea/McKee Family brought the re-

enrollment contracts to the attention of counsel for Latin and, desperate to avoid further distress

for the family (and particularly Molly and Hugh), sought to compromise with Latin even though

Katie and Dan are not contractually obligated to do so. (Id., ¶ 18 and Ex. 6, 3.15.23 C. Rdzanek

Letter.) As Attorney Rdzanek stated in the letter, Katie did not resign her employment at Latin

lightly, but “her extensive workload . . . a communications crisis after the suicide of a former

student; and the bomb threat that was sent directly to [Katie], were overwhelming.” (Id., Ex. 6.)

46. On April 12, 2023, counsel for Latin responded by giving cursory disagreement

with the four corners of the re-enrollment contracts, claiming (incorrectly) that Katie somehow

agreed to Latin’s stated positions, and ignoring entirely that Dan (a non-employee) is also a

contracting party who is entitled to benefit of the contracts (enrollment of Molly and Hugh at

Latin for their senior year) in exchange for his obligation to pay the tuition amounts stated in the

contracts whether or not Molly and Hugh remained enrolled at the school for the entire year. (Id.,

¶ 19 and Ex. 7, 4.12.23 J. Miceli Letter; see also id., Exs. 1-2.)

47. Disregarding the terms of the enrollment contracts, Latin’s attorney instead

continued the baseless demand for nearly $45,000 more in tuition under the threat that:

Unless and until payment is made in full (or your clients have made
appropriate payments pursuant to an agreed-upon payment plan which will
result in complete payment of the outstanding balance in the attached
invoice), in accordance with applicable law,[1] Molly and Hugh will not be
able to access their transcripts, have their transcripts sent to third parties
(e.g., colleges or universities), receive physical copies of their diplomas,
or walk at graduation.

1
There is no law, let alone any applicable law, identified in the letter from Latin’s attorney.
(Exhibit A, K. O’Dea Decl., Ex. 7, 4.12.23 J. Micheli Letter.)
11
 (Id., Ex. 7.) With this coercive communication, Latin made clear it would not negotiate with the

O’Dea/McKee Family, but instead Latin planned to withhold the diplomas and transcripts until
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

every last penny of the nearly $45,000 in additional tuition demanded above the stated contract

amounts was paid. (Id.)

48. On May 12, 2023, after the O’Dea/McKee Family attempted to make final

payments in accordance with the terms of the re-enrollment contracts, Latin’s attorney contacted

Attorney Rdzanek to explain the payments would be rejected and that Latin’s position “is not

changing.” (Id., ¶ 27 and Ex. 12, E-mail Chain (5.12.23 (3:27pm) J. Miceli E-mail.) Latin’s

attorney claimed again that payment in full was required or “Latin will otherwise impose the

consequences described in our earlier letter.” (Id.)

49. On May 17, 2023, Latin’s counsel reminded Attorney Rdzanek of Latin’s position

that full payment must be made, or else Molly and Hugh would pay the consequences. (Id.,

5.17.23 (9:37am) J. Miceli E-mail.) Latin’s attorney also made reference to Latin having

“generously offered” the O’Dea/McKee Family a payment plan to cover the $45,000 in

additional tuition demanded by Latin. (Id.)

50. During this time, Katie sought to communicate directly with personnel at Latin to

resolve the tuition demands imposed by Latin, as having to pay the expense of an attorney to

speak to Latin’s attorney was adding financial strain for the family. (Id., ¶ 26.)

51. On May 26, 2023, Latin’s attorney complained to Attorney Rdzanek that Katie

was communicating with Latin personnel about the dispute and that she should be directed to

“not again contact Latin staff members on this issue.” (Id., 5.26.23 (10:04am) J. Miceli E-mail.)

Latin’s attorney further shared:

I also understand that Ms. O[’]dea inquired whether her children will be
permitted to walk at graduation. I’d like to clarify the nonpayment
consequences so you can advise your client on this topic, which Latin
appreciates may be of significant importance to the family. As indicated in
12
 our May 16 letter to you, the students each “will not receive a diploma or
official transcript until payment is made in full.” However, Latin will
permit the students to walk at graduation.
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

(Id. (emphasis in original).)

52. On May 31, 2023, Attorney Rdzanek again relayed the family’s desire to resolve

the dispute (despite no contractual obligation to pay Latin any more money), stating: “This

situation has caused pain to [Katie’s] family and she wants to appeal to everyone’s humanity to

resolve this matter. We were hoping that there could be a meeting between the parties to discuss

this and come to some resolution.” (Id., 5.31.23 (2:23pm) C. Rdzanek E-mail.) Attorney

Rdzanek further noted “some acknowledgment of the family’s [contractual] position,” given that

Latin has subsequently revised its enrollment contract. (Id., Ex. 12, 5.31.23 (2:23pm) C. Rdzanek

E-mail; Ex. 12-1, Revised Contract Language.)

53. During this time, Molly and Hugh, in particular, faced significant pain and

distress over their academic futures. (Exhibit B (H. McKee Decl.); Exhibit C (M. McKee Decl.).)

At one point, Molly tried to speak with Hagerman about his harsh and unrelenting decision to

withhold diplomas and transcripts. Molly wanted to know why she did not deserve to receive her

diploma and why Hagerman was putting her future (attending college at Drexel University) at

risk. Hagerman, however, dismissed Molly and denied her any reassurance that her academic

future was not at stake. (Exhibit C, ¶ 5.)

54. On June 7, 2023, Attorney Rdzanek again inquired to Latin’s attorney regarding

the meeting. (Exhibit A, K. O’Dea Decl., Ex. 12, 6.7.23 (1:15pm) C. Rdzanek E-mail.)

55. On June 8, 2023 – graduation day, with no word from Latin about a meeting as

requested through counsel nine (9) days earlier, Katie e-mailed Hagerman directly. (Id., ¶ 28 and

Ex. 13, 6.8.23 (9:37am) K. O’Dea E-mail.) Molly and Hugh were wrought with distress, and

13
 Katie pled with Hagerman to allow Molly and Hugh to receive diplomas at the graduation

ceremony, stating:
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

You need to know that the anxiety of not graduating and not going to
college is causing Molly and Hugh extreme mental anxiety. The
school’s actions are pushing them both to a breaking point. Given
Hugh’s challenges with mental health (have you talked to the
counselors?), this is a very real and scary place to be. I am including
others on this email who know Molly and Hugh well so they understand
the gravity of this situation.

You alone have the power to prevent this unnecessary harm to the mental
well being of two Latin students.

With that in mind, I am begging you to not withhold their diplomas today.
They have both worked so hard to deserve this moment. They have
excellent academic records. They have impeccable discipline records.
They are widely respected by faculty, staff, coaches, students and parents.
On top of that, for 14 years they have made the promise of socio-economic
diversity true at Latin. They found a way to belong.

(Id. (emphasis added); see also Exhibits B-C.)

56. Hagerman responded that Latin had been “both communicative and clear about

your family’s obligations” and suggested Molly and Hugh could speak with Latin’s counselors.

(Id., Ex. 13, 6.8.23 (9:57am) T. Hagerman E-mail.)

57. Hagerman also (presumably) reached out to Latin’s attorney as she sent an e-mail

to Attorney Rdzanek within minutes – after having delayed nine (9) days – to convey Latin’s

position rejecting the meeting request and restating Latin’s coercive demand for $45,000 in

additional tuition amounts:

We see no benefit in meeting.

We have asked, numerous times and for months, for your client to present
a payment plan toward full payment, with no response. . . .

. . . [P]lease convey to your client that Latin’s position has not changed.
To resolve, Latin must receive full payment of the amount due. That may
include at least 75% of the remainder due immediately, with a reasonable
and mutually agreeable payment plan for the remainder.

14
 (Id., Ex. 12, 6.8.23 (10:14am) J. Miceli E-mail.)

58. Hagerman also repeatedly attempted to direct communications to legal counsel,

FILED DATE: 6/27/2023 11:23 PM 2023CH06053

(id., Ex. 13, 6.8.23 Hagerman E-mails at 9:57am, 10:16am, 10:39am), but was updated by Katie

that Latin’s counsel had messaged that Hagerman did not “see a point in meeting” with the

O’Dea/McKee Family, and instead demanded immediate payment of $32,000 with $13,000 to be

paid later, which Katie acknowledged was “insurmountable” for her family, (id., 6.8.23

(11:03am) O’Dea E-mail).

59. Katie then begged again, “For the mental health of my children, can we please

meet today to discuss a resolution that is doable? We can’t afford to have an attorney represent

us, so we need to handle this ourselves.” (Id.)

60. While Katie received no response, she still desperately hoped that Molly and

Hugh would receive their diplomas. (Id., ¶¶ 28-29.)

61. When Molly and Hugh did not receive diplomas at the ceremony, Katie

approached Hagerman to share her disbelief that he continued to withhold the diplomas knowing

that it was impacting her children, and further stating that the status of Molly and Hugh’s mental

health was on Hagerman. (Id., ¶ 29.) After Hagerman responded, “that’s not true,” Katie told

Hagerman that he alone was in control here and pleaded with him to meet with the family.

Hagerman directed Katie to Latin’s attorney and walked away. (Id.)

62. Molly and Hugh’s distress continued. (Exhibits B-C.)

63. Molly explains:

I now feel extremely distressed and scared because Thomas Hagerman,

Latin’s Head of School, did not hand me my diploma on graduation day,
and he is withholding my final transcripts for reasons that have nothing to
do with my performance at the school. . . .

It sunk in at graduation that Latin (Hagerman), puts money and his agenda
ahead of student wellbeing. Hugh and I were the only ones “acting out”
our graduation. It was real for all my friends and peers. Their smiles were
15
 genuine and the congratulations they received weren’t empty and
meaningless. I was a poser at a school where I had given so much of my
life, purpose, and love to.
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

These gut-wrenching feelings of anxiety have followed me past

graduation; every time I text with my soon-to-be roommate, I find myself
drafting a message trying to explain why I probably won’t be going to
college anymore. Or I get stuck speculating about how my life will forever
be set back because of this issue. Every ounce of satisfaction, excitement,
and joy that a kid should feel in reaching the milestone of high school
graduation was stolen from me and replaced by emotions of distress and
anxiety caused by Hagerman. . . .

I feel sad to say now, that after fourteen happy and fulfilling years, I am
leaving Latin a victim of bullying at the hands of Thomas Hagerman.

(Exhibit C, M. McKee Decl., ¶ 4, 7-9.)

64. Hugh explains:

As graduation day came near, and there was no solution, my physical and
emotional strain grew. The feeling was suffocating. My classmates were
often talking excitedly about college, and I felt total uncertainty. I have been
accepted into the University of Illinois, but colleges and universities require
final transcripts as part of the process. I cannot be excited about college
because I am not sure what will happen if Latin continues to withhold my
transcript. . . .

Then came graduation day. I was ill and felt out of place at the graduation.
It felt like a weird formality and the only reason I was there was to make it
seem like Hagerman wasn’t a bad guy – after all he graciously let us walk
in the ceremony, albeit to receive an empty book with no diploma. I had a
cap and gown though I just couldn’t muster the smile that should have
gone with it.

At the ceremony, my row stood and I felt the heat rush to my head. I just
couldn’t imagine why someone would put my entire family under such
strain. I walked down and was obligated to shake Hagerman’s hand. Tears
welled in my eyes. I was so overwhelmed I practically ran off the stage,
forgetting to shake the other two people’s hand and get a picture. I cried
over my graduation dinner and that same night. I don’t cry normally, but I
was truly at my wit’s end.

Now, I can’t even think of my last month of school without wincing. That
was the end of my fourteen years at Latin and now my future is in limbo. I
have no clue what’s going to happen to me. I’m trying to decide If I
should tell my new college roommate to find someone else and or start
finding jobs that will accept someone with no high school diploma
16
 because my fate rests in one man’s hands who, to date, has shown no
mercy or concern for my and my sister’s futures.
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

(Exhibit B, H. McKee Decl., ¶ 5, 8-10.)

65. That evening, overwhelmed with his children’s distress, Dan wrote to Hagerman:

You made your point. You closed out the career of two stellar citizens of
the Latin Community on the ultimate negative note. It would have cost
you NOTHING to give Molly and Hugh their diplomas tonight.
NOTHING. But you wanted to show us who’s the new boss in town even
if it meant crushing my kids in the process.

What should have been a joyful event was instead filled with tears.

I hope you’re satisfied with yourself. You have officially confirmed that
Latin is a place where kids get bullied. . . .

(Exhibit A, K. O’Dea Decl., Ex. 13, 6.8.23 (11:46pm) D. McKee E-mail (emphasis added).)

Hagerman did not bother to respond.

Molly and Hugh Need Transcripts Released to their Respective Universities

66. Latin is aware of the financial and emotional strain its baseless demands have

placed on the family, and particularly Molly and Hugh, whose college attendance sits in

question. (Exhibit A, K. O’Dea Decl., ¶¶ 18, 26-31; Exhibits B-C; Exhibit D, ¶¶ 11-14.)

67. Molly has been admitted to Drexel University, which requires final high school

transcripts (reflecting graduation requirements have been met) for newly admitted students.

(Exhibit A, ¶ 32 and Ex. 14; Exhibit D, ¶ 15.) The deadline to send the final transcript is June 30,

2023 and it must be provided by Latin. (Id.) While Drexel has given Molly and extension to the

end of August, the issue needs to be resolved for Molly to attend Drexel and proceed with her

studies there. (Id.)

68. Hugh has been admitted to the University of Illinois, which also requires final

high school transcripts (reflecting graduation requirements have been met) for newly admitted

students. (Exhibit A, ¶ 33; Exhibit D, ¶ 16.) The deadline to send the final transcript to the

17
 admissions office is July 1, 2023, and it must be provided by Latin. (Id.) The admissions office

has informed Dan that Hugh cannot commence taking classes (to start August 21, 2023) without
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

Latin submitting Hugh’s final transcripts directly to the University of Illinois. (Exhibit D, ¶ 16.)

Katie and Dan are expending time and resources to try to get additional time for Hugh’s

transcript to be submitted to the University of Illinois given the dispute with Latin, but the final

transcript requirement still stands. (Exhibit A, ¶ 33; Exhibit D, ¶ 16.)

69. By refusing the O’Dea/McKee Family access (examination and copying) to the

diplomas and final transcripts for Molly and Hugh, and refusing to send transcripts to third

parties (e.g., colleges or universities), Latin is causing everyone in the family extreme distress,

preventing Molly and Hugh from attending and/or risking their attendance at the universities that

have admitted them for study subject to receipt of final transcripts, and forcing the family to

expend time and resources to attempt to obtain extensions and manage the issue of Latin’s

withholding of transcripts from the universities and to otherwise find a solution to Latin’s

untenable demands. (Exhibit A, ¶ 34; Exhibit D, ¶ 17.)

COUNT I – BREACH OF CONTRACT

70. Plaintiffs incorporate paragraphs 1 through 69 as though fully set forth herein.

71. There are valid and enforceable re-enrollment contracts between Latin and the

O’Dea/McKee Family, which were signed by Katie and Dan for the benefit of Molly and Hugh.

(Exhibit A, Exs. 1-2.)

72. At all relevant times, the O’Dea/McKee Family performed all of its obligations

under re-enrollment contracts.

73. Latin has and is breaching the re-enrollment contracts by refusing the

O’Dea/McKee Family access (examination and copying) to the diplomas and final transcripts for

18
 Molly and Hugh, and by refusing to send transcripts to third parties (e.g., colleges or

universities).
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

74. The O’Dea/McKee family has suffered damages, inter alia, in paying overpaying

tuition to Latin in the amount of $1,778.80 for the benefit of an education of their children,

Molly and Hugh, which requires Latin to provide diplomas and transcripts directly to Molly and

Hugh and to the universities requesting these documents on their behalf.

COUNT II
VIOLATION OF THE ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS
PRACTICES ACT, 815 ILCS 505/2

75. Plaintiffs incorporate their allegations in paragraphs 1 through 74 as if fully set

forth herein.

76. Each Plaintiff is a natural person, qualifying as “persons” under 825 ILCS

505/1(c).

77. Katie and Dan are purchasers of Latin’s services, qualifying as “consumers”

under 825 ILCS 505/1(e), and Molly and Hugh are the beneficiaries of Latin’s services.

78. Latin advertises, offers for sale, and distributes its educational services to Illinois

persons and consumers.

79. Such advertisement, offering for sale, and distribution of its services qualifies as

conduct of “trade” and “commerce” under 825 ILCS 505/1(f).

80. The Illinois Consumer Fraud and Deceptive Practices Act (the “ICFA”) precludes

unfair or deceptive practices in trade or commerce. See 815 ILCS 505/2.

81. Unfair acts that are not deceptive are actionable under the ICFA.

82. Conduct is unfair under the ICFA in any one of the following circumstances:

a. The practice offends public policy;

b. The practice is immoral, unethical, oppressive or unscrupulous; or

19
 c. The practice causes substantial injury to consumers.

83. All three circumstances are present here. First, Latin’s conduct here is unfair
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

because it offends public policy. Engaging in confusing and deceptive behavior – here, Latin

personnel (i) claiming that Katie and Dan need to enter into a payment plan or loan to pay for

tuition that is not authorized/allowed by the re-enrollment contracts, and/or (ii) deterring them

from enforcing their contract rights – offends public policy.

84. Second, Latin’s conduct here is unfair because it is immoral, unethical, oppressive

and unscrupulous. Latin’s coercive and seemingly extortionate conduct, as described in detail in

the allegations incorporated herein, is unquestionably immoral and unethical.

85. Latin’s conduct is also oppressive and unscrupulous in that Latin knows that the

O’Dea/McKee Family cannot afford the financial demands imposed by Latin (in the amount of

tens of thousands of dollars), but at the same time, the family is desperate to ensure a future for

their children, Molly and Hugh. Latin has been unrelenting in its refusal to even meet with the

family and/or to consider any compromise even though Latin is the party with no contractual

basis for its demand for tens of thousands of dollars before it will release Molly and Hugh’s

diplomas and transcripts.

86. Latin – a school whose public-facing purpose is to educate and mentor children –

has strong-armed the O’Dea/McKee Family in a manner that is inherently oppressive and

unscrupulous.

87. Third, Latin’s conduct here is unfair because it causes substantial injury to

consumers. Here, Latin seeks to impose substantial economic injury upon the O’Dea/McKee

Family by failing to refund the family for amounts already overpaid to Latin in total tuition and

actual fees under the re-enrollment contracts, and by forcing the O’Dea/McKee Family to pay

almost $45,000 over and above the agreed contractual tuition amounts under the threat of never

20
 receiving their children’s diplomas and final transcripts and/or having those transcripts released

to third-party colleges and universities.

FILED DATE: 6/27/2023 11:23 PM 2023CH06053

88. As a result of Latin’s multiple layers of unfair conduct, the O’Dea/McKee family

has suffered damages, inter alia, in overpaying tuition to Latin in the amount of $1,778.80 that

has not been refunded, for mental anguish and emotional distress experienced by every Plaintiff,

and in particular Molly and Hugh, in being refused diplomas and final transcripts, and attorney’s

fees and costs.

COUNT III – CONVERSION

89. Plaintiffs incorporate their allegations in paragraphs 1 through 88 as if fully set

forth herein.

90. The O’Dea/McKee Family has a right to the diplomas and transcripts for Molly

and Hugh upon payment of tuition and all actual fees incurred, which occurred here.

91. The O’Dea/McKee Family has an unconditional right to the diplomas and

transcripts for Molly and Hugh, and/or to have those documents released to third parties (e.g.,

colleges or universities).

92. The O’Dea/McKee Family made demands (and begged) for Latin to provide the

diplomas and transcripts, including multiple requests by Katie on June 8, 2023.

93. Latin refused and continues to refuse to provide the O’Dea/McKee Family with

the diplomas and transcripts for Molly and Hugh, and/or to have those documents released to

third parties (e.g., colleges or universities).

COUNT IV – PRELIMINARY INJUNCTION

94. Plaintiffs incorporate their allegations in paragraphs 1 through 93 as if fully set

forth herein.

21
 95. Plaintiffs, the O’Dea/McKee Family, have asserted claims against Latin for

breach of contract and conversion. Plaintiffs are likely to succeed on the merits of those claims
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

because Latin has no defense for its refusal to provide the O’Dea/McKee Family with the

diplomas and transcripts for Molly and Hugh, and/or to have those documents released to third

parties (e.g., colleges or universities).

96. Latin continues to refuse to provide the O’Dea/McKee Family with the diplomas

and transcripts for Molly and Hugh, and/or to have those documents released to third parties

(e.g., colleges or universities). The O’Dea/McKee Family need these documents to be provided

and released to third parties so that Molly and Hugh can attend their respective universities in the

fall of 2023.

97. The O’Dea/McKee Family, including specifically Molly and Hugh, will suffer

irreparable harm if the diplomas and transcripts are not provided and released immediately.

Literally, Molly and Hugh’s future are at stake (which includes mental, emotional, and financial

wellbeing), along with their ability to pursue higher education on the timeline reasonably

expected and deserved.

98. Defendant Latin continues to interfere provision of the diplomas and transcripts to

the O’Dea/McKee Family and the release of these documents to third parties so that Molly and

Hugh can attend their respective universities in the fall of 2023.

99. Plaintiffs will suffer irreparable harm if Latin is not enjoined and required to

provide and release the diplomas and transcripts imminently so that Molly and Hugh can attend

college.

100. There is no adequate remedy at law for the harm that Plaintiffs will continue to

suffer if Latin is not enjoined from continuing its wrongful acts.

22
 COUNT V – PERMANENT INJUNCTION

101. Plaintiffs incorporate their allegations in paragraphs 1 through 100 as if fully set
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

forth herein.

102. Plaintiffs, the O’Dea/McKee Family, have asserted claims against Latin for

breach of contract and conversion. Plaintiffs are likely to succeed on the merits of those claims

because Latin has no defense for its refusal to provide the O’Dea/McKee Family with the

diplomas and transcripts for Molly and Hugh, and/or to have those documents released to third

parties (e.g., colleges or universities).

103. Latin continues to refuse to provide the O’Dea/McKee Family with the diplomas

and transcripts for Molly and Hugh, and/or to have those documents released to third parties

(e.g., colleges or universities). The O’Dea/McKee Family need these documents to be provided

and released to third parties so that Molly and Hugh can attend their respective universities in the

fall of 2023.

104. The O’Dea/McKee Family, including specifically Molly and Hugh, will suffer

irreparable harm if the diplomas and transcripts are not provided and released immediately.

Literally, Molly and Hugh’s future are at stake (which includes mental, emotional, and financial

wellbeing), along with their ability to pursue higher education on the timeline reasonably

expected and deserved.

105. Defendant Latin continues to interfere provision of the diplomas and transcripts to

the O’Dea/McKee Family and the release of these documents to third parties so that Molly and

Hugh can attend their respective universities in the fall of 2023.

106. Plaintiffs will suffer irreparable harm if Latin is not permanently enjoined and

required to provide and release the diplomas and transcripts imminently so that Molly and Hugh

can attend college.

23
 107. There is no adequate remedy at law for the harm that Plaintiffs will continue to

suffer if Latin is not enjoined from continuing its wrongful acts.

FILED DATE: 6/27/2023 11:23 PM 2023CH06053

WHEREFORE, Plaintiffs, the O’Dea/McKee Family, respectfully pray for the following

relief:

A. Entry of a Preliminary Injunction Order and a Permanent Injunction Order against

the Latin School of Chicago,

i. requiring Latin to provide the O’Dea/McKee Family the diplomas of Molly and

Hugh, and copies of their final transcripts; and

ii. requiring Latin to release final transcripts of Molly and Hugh to the colleges and

universities requesting said transcripts.

B. An award of actual damages, in an amount to be determined, including damages

resulting from the O’Dea/McKee Family’s overpayment of tuition and actual fees in excess of

the amounts required pursuant to the re-enrollment contracts, Latin’s refusal to provide Molly

and Hugh’s diplomas and transcripts, and each family member’s mental anguish and emotional

distress; and

C. An award of Plaintiffs’ Attorneys’ Fees and costs in bringing this action.

Respectfully submitted,

PLAINTIFFS KATHLEEN O’DEA, DANIEL

MCKEE, MOLLY MCKEE, and HUGH MCKEE,

By:__ ___/s/ Danielle Gould___

One of their attorneys
Danielle Gould (dgould@burkelaw.com)
Adrian Atwater (aatwater@burkelaw.com)
Burke, Warren, MacKay & Serritella, P.C.
330 North Wabash Avenue, 21st Floor
Chicago, Illinois 60611-3607
312-840-7000
312-840-7900 (facsimile)
Firm I.D. No. 41704
24
 VERIFICATION

All of the factual allegations of this Petition are verified by the attached declarations.
FILED DATE: 6/27/2023 11:23 PM 2023CH06053

Exhibit A: Declaration of Kathleen (“Katie”) O’Dea

Exhibit B: Declaration of Hugh McKee
Exhibit C: Declaration of Molly McKee
Exhibit D: Declaration of Daniel (“Dan”) McKee

25