What Can We Learn From "Mentors" In Our Country?

Imagine a school that received a score of 9 out of 10 from parents on www.greatschools.org.


Imagine a school that ranks in the mid 90th percentile nationwide for reading and math, boasts a 95% attendance rate, runs a successful athletic program, and has a wide variety of curriculum including specific study programs from art and music to technology and world language.


Imagine this school in a city of just over 50,000 people – a city that was named “One of the Best 100 Places to Live” by CNN and MONEY magazine.


A school like that surely can’t get sued… or can it?


The school is Mentor High School, in Mentor, Ohio, where things may not be exactly as they appear. In fact, since 2007, four students have committed suicide as a result of being bullied.


The high school is being sued by two families who accuse administrators of doing nothing to stop the torment, harassment and bullying that lead their children to kill themselves. The Vidovic family started a lawsuit with the school over the bullying of their daughter, Jana, in 2007. When the family asked for the bullying reports of their daughter, school officials told them the records were destroyed during a switch to new computers. Unfortunately, the story did not end there. Jana committed suicide in 2008, and the family opened another case in August 2010. Eric Mohat shot himself in March 2007 after being relentlessly bullied in math class, as told by other teens. In April 2009, the Mohats sued the school district, the principal, the superintendent and Eric’s math teacher. The federal lawsuit is on hold while the Ohio Supreme Court considers a question of state law regarding the case.



So, what can we learn from schools like Mentor High School?

· No school is “exempt” from being sued --- even those with outstanding results.

· School records should be kept safe and all cases of bullying should be recorded.

· The district, school, administrators, teachers and staff can all be sued separately on a single case.

· The cases can drag on for years and years, and can be subject to trials in State Supreme Courts AND in Federal Court. The time, emotional stress, and financial impact (primarily legal fees) can be devastating to a school and its staff.

· Bullying is a real threat. Proper anti-bullying procedures and discipline plans are necessary for any school in operation today.



While these cases are still being considered in a court of law, isn’t it time to consider your own school’s risks and behaviors on bullying, too? Tom Van Auker, President of The Charter School Resource Center is a Certified School Risk Manager (CSRM). He is the perfect person to assess whether or not your school is doing all it can to protect the school, the students and the staff.


Take a lesson from the “Mentors” of this country.
Call The O’Neill Group today at 1-800-334-1561.

Where Have All The Swing Sets Gone?

There’s a little song from Joni Mitchell that states, “They paved paradise, and put up a parking lot… don’t it always seem to go, that you don’t know what you got ‘til it’s gone…”

This is the way I feel about a West Virginia school district. They announced their decision to take down their school playground equipment. Unfortunately, they won’t ‘know what they had going for them until it’s gone.’ There are a lot of added benefits to allowing children to have fun outdoors at recess. In fact, a study showed children were more attentive and creative in the classroom when allowed “free play” time including outdoor recess.*

The swings are being removed from Cabell County schools in southern West Virginia in part because of a lawsuit. They claim the lawsuit this past year was too costly. The incident involved a youngster who broke his arm jumping off a swing (like he was a superhero). A report states the school district settled for $20,000… of their OWN money.

I’m definitely not siding with the suit-happy parents. “Little Johnny” was probably just being a regular energetic little boy… and a little personal responsibility and character should have come into play here. But he is a child.

With that in mind, though, how many other “little Johnny’s” are out there? How many can you identify in YOUR classrooms? Unfortunately, this case illustrates today’s parents won’t hesitate to sue. When their “little Johnny” or “little Jill” fall from the swing sets in your school yard, someone in authority is certainly to blame.

So, what should be the correct response? By removing the swings, you now punish all of your students. Is that overreaction or a prudent risk management strategy? The fact will remain that some children are just daredevils or aggressive in their play, and it’s not an option to completely stop children from running during recess.

What SHOULD you be doing?
You should be protecting yourself with the proper insurance from a highly-ranked company and have an experienced Charter School Risk Manager oversee your coverage.

That way, if Johnny’s parents sue you and your school, you’ll be covered. Your school won’t have to pay from its own pockets, like Cabell County did.

Don’t remove your swings.
Protect them…protect your school.
(And let the kids play!)

*In 1993, Pelligrini & Davis published the results of a study on the effects of recess on classroom behavior. The results showed that many students build up excess energy and may become fidgety and unable to concentrate during class when denied the opportunity to exercise during recess. Additionally, the California Department of Education conducted a study that showed that children who are physically active score higher on the Stanford Achievement Test.

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