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

Van Auker Earns CSRM Designation

Thomas P. Van Auker of The O’Neill Group has recently received the prestigious insurance designation of Certified School Risk Manager. The CSRM designation implies that Tom has further committed to excel in the area of Charter School Insurance and to provide the highest quality professional insurance programs to Charter School clients. The designation is conferred upon insurance professionals who complete all five courses in measuring, handling, funding and administering school risks, pass all of the course examinations and commit to meeting annual continuing education requirements to stay up-to-date with the ever-changing needs of charter, public and private schools. Tom is currently one of only an elite few nationwide to have earned the CSRM designation from The National Alliance for Insurance Education and Research.

Tom heads the agency’s Charter School Insurance Division, which supplies custom-designed Property, Auto, and Liability insurance packages as well as Group Life and Health to schools in Ohio and other states across the country. In addition to planning, servicing and maintaining The O’Neill Group’s school accounts, he oversees other Commercial Lines accounts as well as serves as the company’s Executive Vice President.

The O’Neill Group is an independent insurance agency located in Wadsworth, Ohio. To contact Tom Van Auker, or to receive additional information regarding The O’Neill Group’s insurance protection programs, please call 330-334-1561 or 800-334-1561, or visit the company website at http://www.oneillinsurance.com/, or the Charter School Division's website at http://www.charterschoolinsurance.com/.