Denver Public Schools’ choice for superintendent, Alex Marrero, is among eight people named in a lawsuit filed in federal court.

In the lawsuit, a former medical director accuses Marrero and other City School District of New Rochelle leaders of “playing politics over public safety,” while silencing and retaliating against her for raising concerns throughout the COVID-19 pandemic.

The lawsuit filed on behalf of Brooke Balchan, the district’s former medical director, was filed Friday in the United States District Court for the Southern District of New York.

Balchan alleges district leaders, including Marrero, attempted to silence her when she offered public health guidance regarding the pandemic by being excluded from meetings, rejecting or ignoring her advice on public health, while also receiving threats from the district’s legal team. 

On Saturday, the school district released a statement to The Denver Gazette denying these allegations.

“The District categorically denies any current or Former District employees have been silenced or retaliated against, in any manner, in connection with the District’s response to the COVID-19 pandemic,” the statement said.

“Any assertion that District representatives have acted in an unlawful manner in responding to the pandemic is simply false.”

Balchan’s lawsuit alleges the interim superintendent Marrero made several decisions related to in-person learning protocols without consulting her, despite her being appointed as chair of the district’s health committee on reopening.

Additionally, the suit alleges Marrero and other district leadership retaliating against her after raising concerns over the legality of a COVID-19 vaccine clinic at Montefiore New Rochelle Hospital, that would vaccinate district staff between Jan. 8 and Jan. 15, 2021, despite only medical staff and direct service providers being the only people eligible for the vaccine at the time.

Balchan, a parent of three students in the district, found out about the idea through a community-wide email sent to families. She contacted county health officials to inquire about the event. Within hours, the clinic was shut down and eventually penalized, fined and lost its COVID-19 vaccination program, according to the complaint.

During this time, Balchan was on medical leave, and upon getting clearance to return to work, leadership allegedly prohibited it. 

“She believes district leadership and the (Board of Education) took steps to silence her indefinitely by illegally preventing her from returning to her position,” the complaint reads.

Marrero, who served in multiple roles but most recently as interim superintendent of the district, was named the new superintendent of DPS on Wednesday. He is set to be confirmed next week during a board of education meeting. 

In a statement acquired by The Denver Gazette on Saturday attributed to DPS Board President Dr. Carrie Olson and Vice President Jennifer Bacon, said despite the lawsuit, the board is confident moving forward with Marrero.

“The complaint was filed against New Rochelle district leadership and not Dr. Marrero alone. We have reviewed the information contained in the complaint that involves Dr. Marrero, and we have been in contact with New Rochelle School District about the matter. We have full confidence in Dr. Marrero, and we stand behind our choice for superintendent.”

Additionally, a district spokesperson told The Denver Gazette’s news partner, 9News, that officials were “aware of the situation, but not all of it” when Marrero was hired.