School Sues Teacher...Again
Special education teacher getting not-so-special treatment from former employer
Richmond, VA (PRWEB) January 27, 2005 -- Kandise Thomas-Humphrey (M.S.Ed) is a special ed instructor, consultant, and reformist who says, "I was dragged into court because I dare to care."
Stephen C. Hall, the Richmond attorney hired to file the lawsuit against her, claims that she is being sued because she slandered her former employer, Bermuda Run Education Center (BREC) in Prince George, VA, which is owned and operated by Specialized Youth Services of Virginia, Inc. (SYS).
For six months during the 2002-2003 school year, Humphrey was the instructional specialist and health instructor at BREC, a predominantly Black alternative school funded by taxpayers.
In a performance review conducted two weeks before she resigned, Warren G. Bull, executive director of SYS, described her as "punctual, professional and attentive to the needs of both students and staff."
He further noted that "she is engaging in the classroom and as a result student participation is good."
Finally, he concluded, "She is also encouraged to share ideas that may strengthen the school program with the (Educational Coordinator, Norma Lonneman) and Director (i.e., Bull) so that they may be integrated into the program."
So, why did Humphrey resign two weeks later and is now being sued by the institution?
According to Hall, the lawsuit was precipitated by allegations Humphrey initially emailed to Carolyn Hodgkins at the Virginia Department of Education (DOE) in May 2003.
Humphrey never received a written or verbal response from Hodgkins.
However, court records show that, in June 2003, Hodgkins, who has certified BREC for several years, faxed Bull a copy of what she deemed to be an "anonymous complaint" a day after the DOE internally acknowledged receipt of it.
After learning that the email was sent by Humphrey, Hall filed a lawsuit against her on behalf of BREC and SYS in October 2003, alleging that she should pay 1.1 million dollars in damages because her malicious intent was to discredit the organizations and thereby interfere with their business pursuits.
In November 2004, after over a year of legal proceedings, Hall had the case "nonsuited" by Judge Timothy J. Hauler of the Chesterfield County Circuit Court.
Less than a week later, he filed another libel suit against Humphrey and named Bull as the third and additional plaintiff. This new lawsuit seeks the 1.1 million dollars in damages, but also aims to curtail Humphrey's freedom to speak publicly about BREC, SYS, or Bull.
Humphrey says the lawsuit is persecution under the guise of prosecution, and several former employees of BREC, including a former BREC administrator and SYS partner, Bruce Evans, have come to her defense.
In sworn affidavits and depositions, Humphrey and the others allege that, during the 2002-2003 school year, certain BREC administrators violated federal laws as well as the school's own guidelines while enforcing unfair student retention policies.
In his affidavit for the defense, James A. Powell, Jr., charges, "Mr. Bull and Mrs. Lonneman indicated that the students seemed to be doing too well and wanted to change the point system for students that were performing well. They also stated that they would have training classes on the way that they wish to have the point system implemented. At that point, I communicated to them that it was clear that the goal was not to provide a 'therapeutic' environment for the students, but to continue the idea of BREC being a 'holding tank' for students. Specifically the ones that should not have been accepted into the program based on BREC policy.
It is further alleged that administrators tampered with student files and discouraged teachers from attending meetings regarding their students in an effort to prevent students from being released from the program.
Among other things, it is also alleged that students already under the influence of illegal substances were given prescription medication without regard for possible drug interactions.
"These children have no voice," says Humphrey. "If adults who profess to care about them don't speak up for them, then they will be lost in inhumane systems and bureaucracies."
That conviction is what moved her to speak out when she was at BREC.
"I voiced my concerns repeatedly to the administration, including Mr. Bull, and they turned a deaf ear. Now they're retaliating through the legal system because I was forced to go outside BREC to advocate for the children."
She is also concerned about the intimidating message this lawsuit might send to other educators, who are mandated by law to report suspected abuse and neglect in educational settings.
"It's time to stop just talking about how it takes a village to raise a child and actually become the village," says Humphrey. "Therefore, I hope that everyone who knows a child sees these children as their own and speaks out."
She and the plaintiffs are scheduled to take case number CL04-1311 before Judge Hauler on Thursday, February 17, 2005, at 9 a.m.
richard jones (www.iamrj.com) is a freelance journalist who lives in Detroit, Michigan.
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