Teacher Ordered to Shut Up and Pay Up
Educators say court ruling is the kind of thing that makes them afraid to speak out
Richmond, VA (PRWEB) February 26, 2005
A major legal battle is quietly taking place in Virginia. It involves a special ed teacher who was sued for slander by a corporation after she contacted the state's department of education and governor's office to request a special investigation and intervention at an alternative school owned by the corporation. It also seems to be a case of unabashed teacher abuse and student neglect.
For the first six months of the 2002-2003 school year, Kandise Thomas-Humphrey was the instructional specialist and health instructor at Bermuda Run Education Center in Prince George, VA. She then abruptly resigned and, in May 2003, sent an email to the Virginia Department of Education (VADOE) urging it to investigate her claim that certain administrators at the school were violating federal laws as well as the school's own guidelines while enforcing unfair student retention policies.
She did not hear from VADOE until after she forwarded her allegations to the office of Lieutenant Governor Timothy Caine in July 2003. However, Carolyn Hodgkins in VADOE's compliance department summarily dismissed Humphrey's allegations a month earlier, in June 2003, after only discussing them with Warren G. Bull, executive director of Specialized Youth Services of Virginia Inc., which owns and operates the school. Hodgkins is also the VADOE employee who for several years certified the school.
VADOE conducted an on-site "investigation" of Humphrey's allegations several months later, in December 2003 and January 2004. It then reported its findings in February 2004, almost a year after Humphrey's initial complaint: "While our investigation did not reveal noncompliance, our office will continue to review these issues during future compliance reviews at the facility and offer recommendations to facilitate improved coordination of services with the placing agencies."
Since October 2003, the corporation has retaliated by filing two libel suits against Humphrey. In both, it petitioned Judge Timothy J. Hauler of the Chesterfield County Circuit Court to order her to pay 1.1 million dollars in damages.
The corporation "nonsuited" or voluntary dismissed the first libel suit in November 2004. In a brief article about Virginia's nonsuit statute (see related links below), Attorney Christopher J. Wesser of Richmond, VA, explains, "To an extent, (this statute) means that plaintiffs can test their strategies and theories by bringing a lawsuit and dragging the defense through pleadings, discovery, trial preparation and a full trial - all while retaining the right to dismiss the case before suffering a potentially adverse verdict or judgment." (Please note that Wesser is not involved with this case in any way.)
After Judge Hauler granted its request for a nonsuit, the corporation filed another libel suit against Humphrey less than one week later (case number CL04-1311). However, this time the corporation abandoned nearly all the evidence and testimony from its initial suit and rested its case on the results of the investigation VADOE conducted seven months after Humphrey contacted VADOE and Hodgkins made Bull aware of the allegations.
Thursday, February 17, 2005, the corporation persuaded Judge Hauler to curtail Humphrey's freedom of speech by barring her from continuing to speak with anyone about her allegations. He also ordered her to pay the corporation's legal fees, around $20,000, even though the corporation failed to make its case for over a million dollars in damages and presented no documentation supporting its claim to have suffered financial harm.
"The injunction also includes (VADOE)," says Humphrey. "I no longer have the ability to appeal the initial findings of (VADOE) or forward additional supporting evidence of my allegations. More important, in the event that I suspect or witness abuse or neglect in relation to (the corporation or its school), I am severely limited in my capacity to serve as a mandated reporter for the state of Virginia."
Despite the injunction, Sandra Ruffin, VADOE's director of federal program monitoring who testified for the plaintiff at the February 17 proceeding, sent Humphrey a postal letter dated February 21, 2005. Oddly enough, it begins, "Thank you for your January 25, 2005, correspondence to Reba O'Connor and me about concerns you and your former colleagues, by way of their affidavits, have regarding the Bermuda Run Education Center. We take very seriously the welfare of the students placed in private day schools for students with disabilities. Anyone who has a concern or complaint is encouraged to contact us."
Bruce Evans, a former part owner of the corporation, and several educators and paraprofessionals who also used to work at the school support HumphreyÂ’s allegations in sworn affidavits and depositions. However, Judge Hauler denied her requests to introduce these as evidence or call witnesses because she somehow failed to respond to the second lawsuit within 21 days.
She plans to appeal the ruling and believes, "The improper manner in which (VADOE) handled the issue resulted in the private alternative school filing a lawsuit against me."
Many other educators and administrators following the case agree with her and are appalled by VADOE's handling of her allegations. They also insist that such lawsuits and verdicts send the wrong message to the public as well as those in the education field.
As one teacher speaking on the condition of anonymity revealed, "Most concerned teachers keep their most serious educational concerns to themselves precisely because cases like this one have them more concerned about job security and their financial well-being."
The general public, especially parents and guardians, is also beginning to take a keen interest in this whole matter because, if teachers are afraid to speak out about neglect and abuse that might be occurring in educational settings, the safety of their school-aged children is severely compromised.
RELATED LINKS:
School Sues Teacher...Again - http://www. educationnews. org/school-sues-teacher. htm (http://www. educationnews. org/school-sues-teacher. htm)
Virginia Procedure: Supreme Court Clarifies Plaintiff's Broad Nonsuit Rights - http://www. morankikerbrown. com/CM/Articles/virginianonsuitdecision. asp (http://www. morankikerbrown. com/CM/Articles/virginianonsuitdecision. asp)
Richard jones (www. iamrj. com) is a freelance journalist.
Copyright (c) 2005 richard jones. All rights reserved.
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