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Settlement details released regarding bullying case

June 30, 2004

Contact: Carol Comeau
Superintendent
Phone: 907-742-4312
Fax: 907-742-4318
E-mail: comeau_carol@asdk12.org

The Anchorage School District today announced the details of a settlement agreement in the case of T.F., a middle school student in the district in 1998. T.F. attempted suicide in 1998, and his family’s attorney filed a lawsuit claiming that the district was responsible for the suicide attempt due to school staff not preventing bullying at school.

The settlement in this case was for $4.5 million, to be allocated to T.F. and three other family members. Of that total, $3.5 million was paid by First Specialty Insurance, the district’s excess insurance carrier. $1 million was paid out of Anchorage School District funds. The Anchorage School District is self-insured up to $1 million, and has an insurance policy with First Specialty Insurance to cover claims that exceed $1 million.

The decision to settle the claim and the amount of the settlement was made by First Specialty Insurance. Because the damages being sought by Mr. Maloney exceeded the district’s $1 million self-insurance limit, the district was contractually required to give control of case decisions to First Specialty Insurance. Mr. Maloney had filed an initial claim of damages for $33 million to fund a life-care plan for T.F.

The school district was prepared to go to trial to defend itself against the allegations in Mr. Maloney’s lawsuit. The school district strongly feels the situation did not occur as described by T.F.’s attorney Mr. Maloney, and objects to his mischaracterization of the facts of the case.

School Staff Acted Compassionately and Responsibly on T.F.’s Behalf

The facts and sworn affidavits of the case show that the confrontations T.F. was involved in at school did not involve repeated bullying by one or two perpetrators. The incidents of tripping, pushing and name-calling involved various students. Occasionally T.F. himself instigated the confrontations. Other times other students were the instigators of this misbehavior. They were single-situation incidents and the students involved were given disciplinary sanctions.

School staff intervened on T.F’s behalf to create a safer atmosphere for him at school. They arranged a signal with T.F. that he could give them anytime he felt unsafe so that they could immediately come to his aid. School staff notified T.F.’s teachers that he felt bullied and asked them to keep a close eye on him in order to prevent any bullying behavior directed toward him. School staff arranged for T.F. to be able to eat lunch in a supervised classroom if he felt unsafe in the cafeteria or elsewhere. And, again, any students found to have harassed or otherwise bullied T.F. were given disciplinary sanctions.

At no point did anyone at the school, nor T.F.’s mother, nor T.F.’s personal psychologist ever see any signs or indications that T.F. was contemplating suicide or at risk for suicide. T.F.’s suicide attempt was and is a tragedy for everyone involved. However, Mr. Maloney’s claim that the district is at fault for this tragedy is wrong, and the district was prepared to go to trial to prove its case.

ASD Policies on Bullying

The Anchorage School District has specific policies against bullying, and has strong sanctions in place for students, and staff, who violate the policy. All district employees receive annual training on preventing harassment and bullying, and a variety of programs are used to help teach students the right ways to resolve personal conflicts. Every school has a “school action plan” on how to reduce harassment, discrimination and violence and maintain a safe learning environment for all students. In particular, ASD -more- Settlement released, continued Page 3 of 3 middle schools use a nationally researched and resp

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