Lansing Southfield Grand Rapids

313 S. Washington Square 28411 Northwestern Highway, Suite 500 1700 E. Beltline NE – Suite 200
Lansing MI 48933 Southfield MI 48034 Grand Rapids MI 49525

Detroit Holland St. Joseph

333 W. Fort Street – Suite 1400 151 Central Avenue – Suite 260 800 Ship Street – Suite 105
Detroit MI 48226 Holland MI 49423 St. Joseph MI 49085

Walter S. Foster Michael D. Sanders Anne M. Seurynck David R. Russell Ryan E. Lamb Tyler J. Olney
1878-1961 Brent A. Titus Richard L. Hillman Zachary W. Behler Stephen W. Smith Mark J. DeLuca
Richard B. Foster Stephen J. Lowney John P. Nicolucci Joshua K. Richardson Clifford L. Hammond Stefania Gismondi
1908-1996 Jean G. Schtokal Michael D. Homier Joel C. Farrar Brett R. Schlender Thomas K. Dillon
Theodore W. Swift Brian G. Goodenough David M. Lick Laura J. Genovich Matthew S. Fedor Robert A. Easterly
1928-2000 Matt G. Hrebec Scott H. Hogan Karl W. Butterer, Jr. Nicolas Camargo Robert A. Hamor
John L. Collins Nancy L. Kahn Richard C. Kraus Mindi M. Johnson Trevor J. Weston Michael A. Cassar
1926-2001 Deanna Swisher Benjamin J. Price Ray H. Littleton, II Andrea Badalucco Hilary J. McDaniel Stafford
Thomas R. Meagher Michael R. Blum Jack L. Van Coevering Mark T. Koerner Emily R. Wisniewski
Webb A. Smith Douglas A. Mielock Jonathan J. David Anna K. Gibson Warren H. Krueger, III Amanda J. Dernovshek
Allan J. Claypool Scott A. Chernich Pamela C. Dausman Patricia J. Scott Sarah J. Gabis Lydia H. Kessler
Gary J. McRay Paul J. Millenbach Andrew C. Vredenburg Nicholas M. Oertel John W. Mashni Brandon M. Schumacher
Stephen I. Jurmu Dirk H. Beckwith Jack A. Siebers Alicia W. Birach Allison M. Collins Alexander J. Thibodeau
Scott A. Storey Brian J. Renaud Julie I. Fershtman Adam A. Fadly Leslie A. Dickinson Cody A. Mott
Charles A. Janssen Bruce A. Vande Vusse Todd W. Hoppe Michael J. Liddane Julie L. Hamlet Alaina M. Nelson
Charles E. Barbieri Lynwood P. VandenBosch Jennifer B. Van Regenmorter Gilbert M. Frimet Michael C. Zahrt Caroline N. Renner
James B. Jensen, Jr. Lawrence Korolewicz Thomas R. TerMaat Mark J. Colon Taylor A. Gast
Scott L. Mandel James B. Doezema Frederick D. Dilley Paul D. Yared Rachel G. Olney

Writer's Direct Phone: 517.371.8161 Fax: 517.367.7161 Reply To: Lansing E-Mail: TMeagher@fosterswift.com

January 10, 2020

Email and First Class Mail
Michael J. Pelot
Staff Attorney
Michigan Department of Civil Rights
Capitol Tower Building
110 West Michigan Avenue, Suite 800
Lansing, MI 48933

Dear Mr. Pelot:

Re: Rovonya Velasquez, o/b/o Roje Williams v Lansing Catholic High School
MDCR Charge No.: 484734

In our continued hope of resolving this matter, we offer the following on behalf of Lansing Catholic
High School. We note first that this case involves important competing interests: The need for all of us
to recognize and combat racism and the need for Lansing Catholic High School to fulfill its commitment
to all of its students and families by providing an excellent education, rooted first and foremost in the
Catholic faith, and demanding from all an adherence to specific codes of conduct.

Provided with this letter are the following attachments:

1. The October 11, 2019 letter of the most Reverend Earl Boyea, Bishop of Lansing,
summarizing steps being taken by the Roman Catholic Diocese of Lansing to address
racism.

2. The US Conference of Catholic Bishops’ pastoral letter against racism, titled Open Wide
Our Hearts, adopted November 14, 2018, and endorsed by Bishop Boyea in his
October 11, 2019 letter.
Michael J. Pelot
January 10, 2020
Page 2

3. An article published as a part of the Catholic Diocese of Lansing News on October 11,
2019, describing two new scholarships developed to increase minority students and staff
in Catholic Schools in the Diocese.

4. The Diocese of Lansing’s Response to 10 recommendations made by the Task Force on

Race in Catholic Schools, that was created in part because of the issues focused by
Roje Williams and his teammates in this case.

5. Select pages from the Lansing Catholic High School Student Handbook (2019–2020) that
contain very specific information regarding policies and procedures adopted by the High
School that address, among other things, the issues of racism raised by Claimants.

6. A memorandum summarizing steps taken by Lansing Catholic High School to promote

racial, ethnic, and cultural understanding.

Collectively, these documents show the very significant steps taken since the incident to address the
many issues raised by Roje Williams, his teammates and their parents.

With one of your recent letters you provided a document titled “Updates to the Settlement Agreement
Draft reference MDCR No. 484734” that we understand to be Claimant’s summary of matters that
should be addressed in order for the Charge of Discrimination in this case to be withdrawn. As I believe
you know, some of the demands set forth in that document plainly cannot be met as indisputably they
are contrary to the teachings of the Catholic faith. Additionally, many of the demands simply go beyond
any relief that Claimant could obtain even if successful in litigation. Nonetheless, the information
provided with this letter shows that many of Claimant’s concerns have been satisfied and will continue
to be satisfied in the future.

For example, Claimant’s desire for a more diverse faculty and student body are specifically being
addressed with the scholarships created by the Diocese. (Attachments 1, 3, 4 and 6). Claimant’s desire
for policies and procedures in the school’s handbook has been addressed in detail. (Attachment 5,
pp 39-45). Claimant’s desire for a student-led diversity group has been satisfied by, among other things,
the Golden Rule Club described in Attachment 6, pp 1-2. Claimant’s concern that “punishment was
handed down to the four LCHS students PRIOR to actually kneeling” (Claimant’s emphasis) is unclear.
There simply was no such punishment or other action taken before the students chose to kneel during the
Anthem.

Claimant’s demand for apologies is problematic. Bishop Boyea made a public apology at the first
Listening Session at St. Thomas Aquinas Parish when the Task Force was announced. Tom Maloney
made personal apologies face-to-face to the four families when he met with them individually soon after
the incident. Those meetings seemed productive and in fact ended with hugs. At the meetings,
Mr. Maloney apologized for any confusion or stress caused by the way the situation was handled and
Michael J. Pelot
January 10, 2020
Page 3

that apology certainly was appropriate. But the school cannot cede its authority to hold students—all
students—to the terms of the code of conduct, so it will not do so. This is not race-based. This is not
unlawful. This is part and parcel of choosing to attend Lansing Catholic High School.

While one goal here is to avoid litigation, we believe it important to point out that the circumstances
alleged would not support a claim of unlawful discrimination. As detailed in our Position Statement,
there could be no finding of intentional discrimination because there was none; all conduct and
communications were in all cases directed to all students and in all ways race-neutral; the Caucasian
student who took a knee at a swim meet could in no sense qualify as a relevant comparator; and the
school’s reasons for taking the actions it took were reasonable, consistent with the code of conduct of
this private, religious institution, and in no sense a pretext for unlawful discrimination.

As Bishop Boyea noted in his letter, Roje Williams and the young men who took a knee along with him
at the football game helped jump start a needed discussion on racism. Their parents and members of the
Catholic community helped move the issues forward by outlining needs to be addressed and creating a
framework for addressing those needs. The importance of this has always been understood and
respected.

In short, through the mutual efforts of the involved students, their families, the Task Force, the Diocese
of Lansing and Lansing Catholic High School, much good has come out of an unfortunate situation. We
hope that in this context the parties here can move forward not as adversaries, but instead, in the words
of Bishop Boyea, as “brothers and sisters in a renewed unity.”

Sincerely,

FOSTER, SWIFT, COLLINS & SMITH, P.C.

Thomas R. Meagher

TRM:hsh
Enclosures