The court is scheduled to consider whether to take up the case, along with scores of other petitions, at their private conference on Thursday.
During her initial first round of applications — when she applied to Princeton, Yale, Harvard, Columbia, Cornell, Penn, Duke, Johns Hopkins, CalTech, MIT, the University of Virginia, McGill and Spelman — Adetu “was the only student in her graduating class of 126 students who did not receive unconditional acceptance from any educational institution to which she applied,” according to the Supreme Court petition.
Adetu ultimately attended the University of Pennsylvania in 2015 after applying to colleges again, according to the complaint, and indicated on social media that she graduated last month.
The family is seeking review of a decision by the District of Columbia Court of Appeals in January that said the Adetus’ claim was rightly rejected by a lower court because they had failed to show “any adverse action taken by Sidwell” and were only claiming emotional damages for an alleged breach of an earlier mediated settlement.
“It’s more than a little unusual for the justices to take a case like this one that comes from the DC local courts and turns entirely on questions of DC local law,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. “Although the court formally has the power to hear such disputes, and DC law is technically federal law, the justices tend to stay out of such DC-specific disputes.”
Richard Baker, the Adetus’ lawyer, told CNN that neither he nor his clients had a comment on the case. Brian Scotti, a lawyer for Sidwell, also had no comment. Sidwell, which opted not to submit a filing to the court in response to the Adetus’ petition, did not respond to a request for comment.
Adetu was a student at Sidwell Friends from 2000 until her high school graduation in 2014, according to her family’s initial complaint. A year earlier, when Adetu was a junior, she and her parents filed a claim with the DC Office of Human Rights, alleging discrimination and retaliation largely related to her math classes. The complaint specifically accused a math teacher of allegedly using “biased, improper scoring” to grade Adetu’s tests and of having “steadfastly refused” to make accommodations for her athletic commitments while doing so for other students.
Sidwell and the Adetus then entered into a settlement agreement that dictated the school would pay the Adetus $50,000, recalculate certain grades and not retaliate against Adetu.
In the petition to the Supreme Court justices, the Adetus say that when Adetu applied to Ivy League and other competitive schools, she was not accepted unconditionally to any of them.
“Despite the fact that Sidwell touts a 100% college matriculation rate for its graduating high school seniors, Dayo did not receive unconditional acceptance to any of the thirteen (13) universities to which she applied and desired admission,” the family wrote.
The Adetus filed a complaint in DC Superior Court alleging, among grievances, that Sidwell had breached the Office of Human Rights’ settlement agreement. They contended Sidwell retaliated in materials included in her college applications, including test scores, rankings and recommendations.
The Superior Court ruled against the Adetus, finding that they “cited no evidence that Sidwell made negative comments about Dayo or otherwise interfered with her college admissions process, beyond plaintiffs’ own speculation,” and that there was no meaningful breach of the settlement.
The District of Columbia Court of Appeals affirmed that ruling in the decision now before the justices. Sidwell had described the Adetus’ claim as “generalized gripes founded upon [the Adetus’] speculation” and argued that it was entitled to academic deference, the appeals court noted. The appeals court also ruled against the Adetus on the grounds that they “failed to make a sufficient showing that Sidwell engaged in ‘adverse action’ against Dayo or that objectively tangible harm resulted.”
CNN’s Joan Biskupic contributed to this report.