July 17, 2006

Ex-student to pay
Guajome Park
Academy $11K

North County Times

A former Guajome Park
Academy student who
was accused in a civil
lawsuit of accessing the
charter school's
computer system without
authorization has agreed
to pay more than
$11,000 to the school
and to "fully and
cooperate" with the
school's investigation of
the alleged computer
breach, court documents

Download The Injunction
Download The Judgment

Declaration of Patricia
Declaration of Mark

Former student Beau
Duperry agreed to
accept a civil judgment
against him and in favor
of Guajome Park
Academy. Duperry
waived his rights to
appeal or challenge the
judgment, court
documents stated.

The judgment also
permanently prohibits
Duperry from disclosing
to others any information
taken from the school's
computer system and
from accessing or
helping others access
the school's computer

Guajome Park Academy
filed a lawsuit March 24
in federal court in San
Diego against Duperry
and former school
employee Dave
McCulloch, alleging that
they inappropriately
accessed the school's
computer system to try to
prove an allegation that
a student's grade had
been changed

In documents filed with
the court, the school
calls the grade-changing
allegation false.

The lawsuit alleged that data
about one student's grades
were posted on the Web site
guajomeunderground.org, a
popular forum for critics of the
school's administrators.

Although the judgment to
which Duperry agreed is
final, the case against
McCulloch still is
pending. However,
McCulloch, who is
representing himself
without an attorney, has
agreed to be bound by a
preliminary court order
prohibiting him from
accessing the school's
computer network or
disclosing any
information alleged to
have been taken from
the computer network
until his case goes to

The agreement between
McCulloch and the
school stated that it is
not an admission by
McCulloch of any action
or of any liability to the
school. It also stated that
neither the school nor
McCulloch can disclose
to any "third party" any
information about the
agreement, except to
refer to the agreement in
documents filed with the
court in the future.

The separate
agreements Guajome
Park Academy reached
with Duperry and
McCulloch were filed
Thursday in the U.S.
District Court in San
Diego. A hearing in the
case had been
scheduled to occur
Monday, but the
agreements made it

Neither Duperry nor
McCulloch could be
reached Monday for
comment. Arthur Sloane,
Duperry's attorney, and
Mark Leonard, the
school's attorney, also
could not be reached for

Carla Skaggs, the chief
business officer at
Guajome Park Academy,
said Monday afternoon
that she could not
comment on ongoing
litigation but that the
documents in the case
"speak for themselves."

Guajome Park Academy's lawsuit
alleged that school officials
learned in July 2005 that two
people had posted messages on
guajomeunderground.org that
discussed accessing the school's
database without authorization to
retrieve grade information about a
student who had graduated. The
school then launched an
investigation of two employees who
"could potentially be involved" in
the unauthorized computer access
discussed in the messages on the
Web site, the lawsuit alleged.

The school learned in the
investigation that the database
had been accessed without
permission about 18 times
between June 17, 2005, and July
6, 2005, and that the
confidential grades of a student
had been posted on the
guajomeunderground.org, the
lawsuit alleged.

A computer forensics
investigation found that
the unauthorized
computer access
originated from a
computer owned by
McCulloch, who was
Duperry's roommate, the
lawsuit alleged.

The lawsuit alleged
Duperry's login
identification and
password were used 10
times to access the
database without
authorization between
June 17, 2005, and July
6, 2005. All of those
incidents originated from
McCulloch's computer,
the lawsuit alleged.

The lawsuit alleged the
school's database was
accessed from
McCulloch's computer
three more times with
McCulloch's login
identification and

On the Net:


Guajome Park Academy
in San Diego County sues former
student and former employee
Citizen Media Law article about Guajome Threats against Bloggers
Guajome Park Academy seeks to expand lawsuit
North County Times

The Guajome Park Academy charter school is asking a federal judge for
permission to expand a lawsuit in which the school alleges that a student's grades
were accessed improperly through the school's judge for permission to expand a
lawsuit in which the school alleges that a student's grades were accessed
improperly through the school's computer system and were posted on a Web site
that is critical of the school.

Download Leonard Declaration

Originally filed March 24, the school's lawsuit alleged that grade information was
wrongly obtained by Beau Duperry, a former student, and David McCulloch, a
former school employee, to try to prove an allegation that a student's grade was
changed improperly. In the lawsuit, the school called the grade-change allegation

In documents filed Friday, the school asks to amend its lawsuit to add four people
alleged to have been involved with the Web site, www.guajomeunderground.org,
as defendants in the case, in which the school is seeking an unspecified amount
of money in damages.

The proposed amended lawsuit would add allegations that Craig and Lisa James
of Escondido, Teri Gerent of Vista, and Ed Brown of Oceanside conspired with
Duperry to violate the Computer Fraud and Abuse Act. Duperry and McCulloch
were alleged to have violated that law in the original lawsuit.

Echoing statements the school's chief business officer, Carla Skaggs, has made
in response to previous inquiries about the lawsuit, Mark Leonard, the school's
attorney, said Monday that the school and its officials will not comment on pending
litigation and that the documents filed on behalf of the school "speak for

Duperry agreed in July to accept a civil judgment against him, to pay the school
$11,000, and to "fully and unconditionally cooperate" with the school's
investigation of the alleged computer breach, court documents stated.

McCulloch filed a document in July in which he described the allegations against
him as groundless and alleged that a person could infer that Guajome Park
Academy filed the lawsuit as a " 'red herring' designed to distract public attention
from criticism" of the school, including the grade-change allegation.

Craig James provided a written statement Monday in response to questions about
the school trying to add he and his wife to the lawsuit.

"My only 'crime' was to exercise my first-amendment rights by publicizing opinions
about (school Superintendent) Penny Harrison's poor leadership, strikingly high
teacher turnover, and student dissatisfaction at Guajome Park Academy," Craig
James wrote. "I'm sadly looking forward to my day in court, when I hope these
allegations will be shown as nothing more than an attempt to silence
whistleblowers using the taxpayer's money."

Attempts Monday to reach Gerent and Brown were unsuccessful.

The proposed amended lawsuit alleges that Duperry said in a deposition that he
used a server owned by McCulloch to access the school's computer database
without authorization, reviewed confidential grade information, and posted a
student's grade information on a restricted portion of the guajomeunderground.
org site.

The proposed amended lawsuit alleges that it can be inferred that Craig and Lisa
James, Gerent, and Brown agreed with Duperry's "unlawful actions and intended
that such actions be committed" based on messages posted on a "restricted
forum" section of the web site and other statements attributed to them.

On the Net:


Katy G. wrote on Nov 7, 2006 9:10 AM:
I find it interesting that Guajome has the time and money to file so many
lawsuits. What purpose does this serve? And since when has
whistleblowing become a crime?

exGPA wrote on Nov 7, 2006 10:07 AM:
This is nothing more than a pay back from GPA Superintendent Penny Harrison
for people trying to expose her inept and crony-based leadership style.

"Guest" wrote on Nov 7, 2006 10:16 AM:The crime here is the frivilous use of
even more taxpayer money to fund a ridiculous lawsuit, which is based on the
desperate attempts of GPA administration to cover up and/or attempt to deny their
own wrongdoings. GPA administration has been fishing for something (anything!)
to use to go after those who have spoken out against them. I guess long shot
attempts such as this newest legal stunt are the best they could do.

what is up why are you hiding this article wrote on Nov 7, 2006 11:55 AM:Why is
this article not on the front page of the nctimes web. I had to do a search to find it
and then the PDF file does not open. I called the North County Times several
times and nobody is home.

get over it wrote on Nov 7, 2006 1:41 PM:This article isn't on the front page
because NO ONE CARES about it! Stories about the GPA administration's
desperation to cover their tracks and throw the spotlight off their own questionable
actions are so old and predictable that the only people that seem to care anymore
is GPA's own administration, along with the unfortunate people that are being
harrassed with these frivilous lawsuits.

Dave wrote on Nov 7, 2006 2:43 PM:Get Over it-you are really nasty, your blogs
are always confrontational what do get out of it?

to- get over it wrote on Nov 7, 2006 7:06 PM: If NO ONE CARES then why you did
you read it? It was not in the front page or under the Vista section so obviously
you had to do a search to find it. This must have taken some time and effort on
your part. Your rudeness hummm what’s up with that?

ex-GPA wrote on Nov 7, 2006 10:11 PM:and to those thinking these are suits and
a waste of money and time, what should guajome do when they discover people
are cracking into the student data base? look the other way?

to Ex-GPA wrote on Nov 8, 2006 1:41 PM:Relax, this whole thing is bogus and you
don't have to be a rocket scientist to figure it out!!

Bill wrote on Nov 8, 2006 1:45 PM:Some questions to consider first whose running
the court it has been months since GPA filed the lawsuit and was granted the
persecution of this student. It usually allowed about 20 days to amend complaints
and in this case it has been longer then 20 days. Second the deposition starts in
page 71 what happened to the other pages. Was there a declaration for the
unanimous informant? Did anyone notice that the font is in RED what is that? I
hope this is not the final doc. that was submitted to the court my God it is awful it is
almost assuming that the reader is stupid.

flyingfrog wrote on Nov 8, 2006 2:44 PM:To ex-GPA - A punishment (in this case
court case) is meant to either (a) rehabilitate (b) punish and/or (c) prevent future
crime. GPA is obviously not trying to rehabilitate the defendants unless they
possess an altruism I am not aware of. If they are concerned about preventing
future hacking, their money would be better spent on beefing up their technical
security. That leaves (b) punish. Do you want your childrens' educational funds
spent on punishing a group of people who were (are) trying to expose a grade-
changing scandal? Sounds like obfuscation to me.

kathy wrote on Nov 8, 2006 3:08 PM:Well, it looks like Penny oops...GPA Admin
are off the wagon again! I wonder if it's public record how much money we tax
payers are spending for the suits being brought up? p.s. what's wrong with
explosing a school that is not looking out for our children when it comes to their

Mimi wrote on Nov 8, 2006 8:01 PM: I notice that the PDF is in bold RED I think
that there are rules of the court that they have to comply with. Crossing out things
is tacky and the RED is tacky. I wonder if the court accepted this brief? Ha,
probably the courts don't usually care about rules they just case about who is
paying for their next trip to the Bahamas or who is taking them golfing.

Danny wrote on Nov 8, 2006 8:03 PM:Billable hours is the name of the game, it is
not about the kids just keep our meters running.

alexa wrote on Nov 10, 2006 3:19 PM:if there was an actual "grade change
scandal" this group of people was trying to expose and that is the reason they
have for illegally tapping into GPA's database, then why haven't they come out in
the open to the media with their information about these grade changes? Perhaps
there wasn't anything to expose? Or perhaps they are the ones that changing the
records of GPA students? Has anyone wondered why this group of people and
internet bulletin board has made so many allegations but has not come forward
with any proof?

The real Alexa here wrote on Nov 10, 2006 9:33 PM:It sounds like Dadofboy is at
it again. Maybe these teachers are very analytical and cannot put together the
who, what, when and where. However there are and have been many questions
and allegations with this charter school. I think Guajome has more Teflon then
Michael Jackson. It also has some political allies that have sworn to protect charter
schools no matter how sleaze and cheese they are. Charter schools are all about
making money and not about the kids. It is a fast $$$ gig. If you don’t believe it
look into the people behind these charter schools and their management Co. and
their affiliation with local politicians…….
San Diego Education
Report Blog
Education and the Culture
Wars Blog
Daniel Shinoff is counsel
for this school district, as
well as for Poway Unified
School District, where
grades were also changed.
Boy must pay $11,000;

District protects teachers
who changed grades
Guajome Park
Academy (part of
VUSD) sues
student who
exposed teachers
who changed
"This is so
Post from Guajome Park
Poison Dart Frog
Joined: 17 Jun 2005
Total posts: 119
Posted: Wed Jul 19, 2006

I swore I'd never participate
in this forum again, because
of my disgust at the GPA
parents and students who
let this BS go unchallenged.
Why is there even a single
student still attending GPA?

Why do parents support
such behavior from Carla
and Penny Harrison? Are
people really so clueless and
without a moral compass?

Let's look at the facts. I
obtained all of the Court
documents and
read them today. The case
against Beau DuPerry is so
laughable it would be a great
joke, except that the poor
boy got scared sh**less by
Penny, Karla
and their lawyers. I can't
imagine how DuPerry's
let this happen. Now the kid
out $11,000 -- can any of
imagine paying off such a
debt at
his age?

There are two things that
out of the declarations and
filings. First, Karla's
as to the "facts" is almost
complete hearsay, based on
anonymous source she won't
reveal. If DuPerry's attorney
taken this case forward, he
have ripped Karla's
apart. She had nothing

The "unauthorized access"
charges are bogus, because
even GPA admits DuPerry
McColloch's access "should
been terminated" but wasn't,
they give NO evidence that
DuPerry and McColloch
were told
not to access the system any
more. So they both may have
believed they had
access to the system.

Furthermore, all teachers
have a
right to review grades. If
or McColloch had accessed
system at the request of a
teacher -- and of course the
F.R.O.G. private group on
forum has MANY teachers
may have done exactly that
-- then
the access may have been
authorized. Especially if the
teacher had been improperly
denied access.

Next, they cite evidence from
*private* Guajome
conversation, discussing
changes. But there is no
evidence AT ALL that
DuPerry is
the one who did this, or
even if he
did, they cite no policy or law
showing that even if he did,
it was
"unauthorized" or illegal. In
based on the very same text
they quote, I decided a long
ago that it was someone
else at
SIATech who had done it. I'm
pretty sure that several other
participants in this form work
SIATech and hate Penny
Harrison and had plenty of
motivation to help out. I don't
know, maybe DuPerry
being the one who accessed
system, but I sure don't see
proof anywhere.

As analyst Weldon Sims
evidence of "unauthorized
access", it's irrelevant.
worked for SIATech, he
been told not to access the
system, and he may have
every reason to think his
was legitimate. He -- and any
other SIATech or GPA
-- were authorized to view
records. My understanding
is that
it's only a problem if they
*divulge* the information and
thereby violate the student's

And finally, there's a
principle in
law called, "no harm, no
That is, if someone commits
minor transgression, but
no harm, then who cares? In
in this instance, if GPA spent
$10,000 to improve their
then GPA had lousy security
should have fixed it anyway.
the $10,000 was well spent,
DuPerry and McColloch
cost the school one cent.
harm came not from the
unauthorized access, but
the school's pursuit of this
absurd lawsuit.

In fact, I would argue in a
court of
law, as an expert Computer
Scientist, that the school was
negligent, and if any
privacy was violated, the
is about 90% responsible,
because first, they ran a
computer system, and
they failed to revoke
DuPerry and
McColloch's access, and
failed to
inform them that they
access the system, in a
manner. That's a cardinal
sin of
security, and no competent
security administrator would
make either mistake.

So let's review.

1) GPA's case is so full of
you could drive a truck
through it.
2) It looks to me like DuPerry
McColloch caused no actual
3) DuPerry and McColloch's
accounts were not disabled
in a
timely manner, which in my
professional opinion is
negligence on GPA's part.
4) The $10,000 spent on
improving computer security
long overdue and in my
professional opinion
negligence on the school's
5) The school probably spent
over $10,000 in attorney
pursuing this, with no
benifit to anyone.

DuPerry got railroaded,
scared by
a bunch of mean-talking
He probably couldn't afford
to put
on a proper defense, so his
attorney told him to settle.
has plenty of money, so they
could pay their lawyers to
this, however absurd the
My guess is it would have
DuPerry $30,000 to $50,000
fight this case, and right or
wrong, he was forced to
settle for
$11,000, which probably
like a bargain.

So Penny Harrison and her
minions win again, by virtue
strong-arm tactics and using
school's money. DuPerry
becomes just another victim,
all of the fired teachers, the
teachers who left in disgust,
the students who left in

And let's not forget the real
here, the students who have
stay in the morally vacuous
environment of GPA.

That's my opinion for today.
And I
hope it's the last time I ever
suckered into posting here
You people who defend PH
so clueless I can't believe I
my time writing this stuff. And
those of you who sit by and
nothing, shame on you.
-- Interested Observe
Dan Shinoff/Rick Knock
conflict of interest
Peters v. Guajome Park
Shinoff Bully Booklet:
Hoax on Office of Civil
VUSD v. Dr. B.J.
Brown Act Violation

Guajome Link to SIA
Guajome sues student
and bloggers
Beverly Kanawi v.
Shirk case
GPA is finally
Links for Guajome
Park Academy and
Vista Unified
School District
SIA Tech salaries
Federal trial in San Diego Sept. 15, 2009
Declaration in support of defense by VUSD board
president Carol Herrera in support of David McCulloch
Guajome Park Academy--all blog posts
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Judge lets Guajome Park Academy lawsuit continue

North County Times
August 16, 2007

SAN DIEGO ---- A federal judge on Thursday denied a former Guajome Park
Academy employee's request for a judgment in his favor without a trial in a
lawsuit the Vista school filed against him.

Judge Marilyn Huff ruled in a 16-page decision that Guajome Park Academy had
shown that disputes about "material facts" exist in the case. A request for
summary judgment without a trial can be granted only if a judge decides that
"there is no genuine issue as to any material fact," Huff wrote.

Originally filed March 24, 2006, the school's lawsuit alleged that David
McCulloch, a former employee, and Beau Duperry, a former student, wrongly
obtained grade information from the school's computer database to try to prove
an allegation that a student's grade was changed improperly. The school has
called the grade-change allegation false.

Duperry has accepted a civil judgment against him and agreed to pay the school
$11,000. In court documents, McCulloch has described the allegations against
him as "groundless" and has argued that Duperry acted alone in accessing the
database without authorization.
San Diego
Education Report