A NEW PRECEDENT IS SET for SCHOOL DISCRIMINATION CASES

Does your school have an extra $35,000 to hand out to a single student who sues your school?

That’s what the Itawamba County School District in Mississippi has to pay out… setting a precedent for other litigation against schools who allow discrimination or sexual harassment based on a student’s sexual orientation.

The lawsuit started in March, 2010, when Constance McMillen challenged the Itawamba School District's rule banning same gender “dating” at the prom, and allowing only male students to wear tuxedos. The district responded by canceling its prom, prompting the ACLU to file suit claiming the teen's rights had been violated and demanding the prom be reinstated.

Constance McMillen's lawyers filed litigation in the U.S. District Court to accept a judgment offer from the Itawamba County School District that will pay her $35,000 plus attorney fees. As part of the agreement, the school district also said it would follow a policy not to discriminate based on sexual orientation in any educational or extracurricular activities or allow harassment based on one’s sexual orientation.

The school board attorney, Michele Floyd, said the district's insurance company will pay McMillen. Are you 100% positive that if this happened to YOUR school that your insurance would cover a judgment like this?

With discrimination cases like these on the rise, is your school managing its risks appropriately? Does it have the proper insurance in place to pay for such a lawsuit, the attorney fees, court costs, and the award if you are found liable?

Even if you have policies in place and rules to avoid conflicts, discrimination, or harassment charges, that doesn’t necessarily ensure that you won’t be brought up on charges at some point. Christine P. Sun, an ACLU lawyer, said that this case has "inspired countless other people around the world to stand up for what's right." Sun also said the ACLU has represented other students in similar cases around the country, but none had garnered as much attention as McMillen’s.

The only way to be sure that your school’s financial stability will remain intact, and that your school will not suffer financial strain or even face bankruptcy after legal issues arise is to have your insurance program reviewed annually by a Certified School Risk Manager, such as Thomas Van Auker of The O’Neill Group’s Charter School Division.

A CSRM (Certified School Risk Manager) can assess your risks and put the correct programs in place that will cover your school for discrimination and harassment cases. They can also make sure that it is the Insurance Company that ultimately pays for damages, and not your school.


Quote References: SHELIA BYRD, Associated Press Writer Shelia Byrd, Associated Press– Tue Jul 20

The O’Neill Group Nominated for Corporate Citizen of The Year

Wadsworth, September 1, 2010: The O’Neill Group, an independent insurance agency located in Wadsworth, Ohio, has been nominated for the Medina County Corporate Citizen of the Year for 2010.

The nomination came earlier this week from the offices of the Medina County Economic Development Corporation. Michelle Masica, CEO of the Wadsworth Chamber of Commerce, posed the nomination of the agency, citing their support of the local community, outstanding customer service, and their core values as reasons for the nomination nod. The honor also follows The O’Neill Group’s announcement to once again sponsor the Siffrin, Inc. Golf Outing, and the creation of a new community page on their website: www.oneillinsurance.com.

Awards will be delivered on October 28, 2010 at the Blair Center in Westfield Center, Ohio. The award will ultimately be presented to the Medina County company that best exhibits the criteria of providing civic contributions to the community, makes charitable efforts, and encourages community involvement.

The O’Neill Group offers custom-designed Personal and Commercial insurance programs as well as Life and Health insurance for individuals and groups from top-rated companies. To contact Patrick O’Neill, President and CEO, please call The O’Neill Group at 330-334-1561 or toll-free 800-334-1561. You can also visit them online at www.oneillinsurance.com.