Four families sue Plymouth prep school over 'false rumor' of their sons' involvement in a sexual assault

Four families are suing a private Catholic prep school in Plymouth for expelling their sons and allegedly perpetuating a "false rumor" of their involvement in a sexual assault, according to lawsuits filed this week in Hennepin County District Court.

In the fallout of the allegation last fall involving students at Providence Academy, no arrests or criminal charges have followed. A concerned party reported the alleged assault to police Nov. 10, 2022, a month after five girls and five boys from the academy gathered at a parent's Wayzata home where alcohol was consumed.

Within days, the lawsuits state, the boys were expelled and the girls received a one-day suspension. The next week, the school informed all Providence parents and the media of "serious violations" resulting in "swift and decisive actions after our internal investigation." The school also said Wayzata police were investigating the allegation.

Parents of the expelled students accuse Providence Academy and its administrators of gender discrimination, defamation and unreasonable discipline inconsistent with school policy.

The lawsuit claims that despite expelling students for alcohol-related offenses, the allegation of sexual assault was unfounded and the parents said nothing was done to correct "the false narrative defendants helped fabricate and spread" about the claim.

The Star Tribune is not naming the students because they are minors and none has been charged with a crime or publicly named.

One student and their family, who asked not to be identified, moved to Mississippi. The other families remain in the Twin Cities area and agreed to be named for this story. They include well-known Wayzata businessmen Bahram Akradi, founder and CEO of Lifetime Fitness and chair of Northern Oil, as well as Michael Reger, former CEO of Northern Oil.

Among the damages listed, the students were falsely labeled "rapists" and physically assaulted. Some had police escorts to and from class.

"Providence betrayed these boys and their parents who trusted the school to shepherd their children, not exile them for common juvenile conduct," Minneapolis attorney Paul Dworak, who represents the families, said in a statement to the Star Tribune.

Besides the school, the lawsuits name as defendants headmaster Todd Flanders, director Kurt Jaeger and dean Chris McElroy. Also named was former director Kyle Rickbeil, who has since transferred to St. Joseph's Catholic School in West St. Paul.

In a joint statement Friday, the defendants said they intend to "fight the charges vigorously."

"A year ago, some students were involved in serious violations of the school's policies," the statement said. "We stated correctly at the time that we took swift and decisive actions after our internal investigation.

"Should these matters go to trial, it would be unfortunate that the identities of the minors involved, whose identities we have not revealed, would be made public. It is disappointing to see the disheartening number of false accusations and statements in the lawsuits. We and our counsel find the lawsuits to be without merit."

Flanders said in an email to families on Nov. 16, 2022, that the school was alerted to the incident on Nov. 9, one day before police were notified and days before the expulsions on Nov. 11.

Wayzata Police Chief Marc Schultz told the Star Tribune last fall that "a concerned party" called police and reported the alleged Oct. 14 assault. The caller said a boy in his early teens was the suspect in the reported incident and a high school-age girl was the victim.

Without offering specifics, Schultz said that because of the seriousness of the allegation, he would support charges if there were enough evidence.

He noted apprehension of "some of the folks involved" and said the investigation was already challenging because a month had passed by the time police had been alerted to the alleged assault.

Schultz did not immediately respond to requests for comment on the status of the investigation and his reaction to the lawsuits.

According to the lawsuits:

A gathering after the school's football game of boys in the eighth and ninth grades took place at the Reger home. Parents didn't know some of the students were drinking alcohol, which some later admitted to doing.

A boy and girl there were dating and engaged in consensual physical contact. The girlfriend "insisted" it was consensual and continued dating the boy.

Flanders and other school officials never spoke to the students who were at the party or conducted "any real investigation into the validity of this high school rumor before spreading it to the press, student body, faculty, staff and alumni."

Instead, administrators merely asked other students what they "heard" about the party.

Administrators didn't assert that the alleged assault was the reason for the expulsions. Rather, they said, the boys were expelled because they attended a gathering "where underage drinking occurred."

The student handbook says a first or second violation of possessing, using or being the presence of anyone using alcohol results in suspension up to five days. Only a third offense results in expulsion. The expelled students had never previously violated this policy, according to the lawsuit.

Providence Academy, founded in 2001, had never before expelled a student for a first-time violation of this policy.

One parent received a text from their son's coach saying: "I'm praying for all involved. Sin can be repented and forgiven by God. Even prodigal sons come home. Very sad."

Dworak, the families' attorney, said the defendants caused the boys to be "ostracized in their new schools and communities, and derailed their educational, athletic and professional futures. The damage cannot be undone, nor is it over."

Star Tribune staff writers Mike Hughlett and Paul Walsh contributed to this story.