Abuse at Other Aspen Education Group Programs

Abuse at Aspen Achievement Academy

Abuse at Aspen Ranch

Abuse at Excel Academy

Abuse at Academy at Swift River

  Teen Liberty Menu:

HEAL SPECIAL REPORT:

adirondack leadership expeditions

ENROLLMENT agreement REVIEW

"If you have authorized the disclosure of your health information to someone who is not legally required to keep it confidential, it may be redisclosed and may no longer be protected."

"If authorization is for use or disclosure of PHI for research, including the creation and maintenance of research database or repository, the statement "end of research study", "none", or similar language is sufficient."

In the second segment above, ALE begins revealing the likelihood of your child being used in a research study conducted by or with the participation of ALE.  Since your child is likely in this program involuntarily and is likely being denied anything in the form of legitimate informed consent, this is a serious concern and suggests violations of the Nuremberg Code.

"In addition, these entities, sites, and locations may share health information with each other for treatment, payment, or health care operations purposes as described in this notice."

"RESPONSIBILITIES OF ASPEN EDUCATION GROUP AND ITS AFFILIATED ENTITIES"

"Make sure that health information that identifies you is kept private (with certain exceptions)"

"Follow the terms of this Notice that are currently in effect"

"We may use or disclose your protected health information without your authorization as follows in relation to health care operations: --To administer and support our business activities or those of other health care organizations (as allowed by law) including providers and plans."

The last segment begs some questions be asked of ALE: "What do you mean by "support our business activities"?  Does ALE use client information in studies that result in financial benefit to ALE or Aspen Education Group?  If my child is included in a research study conducted by ALE, will we or our child be compensated and informed as to the dangers of participation in such a study?

"We may use or disclose your protected health information without your authorization as follows in relation to health care operations: --To other individuals (such as consultants and attorneys) and organizations that help us with our business activities. (Note: If we share your health information with other organizations for this purpose, they must agree to protect your privacy.)"

"We may use or disclose your protected health information without your authorization for legal and/or governmental purposes in the following circumstances: --Military activity and national security--To the military (if you are a member of the armed forces), and to authorized federal officials for national security and intelligence purposes..."

"We may also use or disclose your protected health information without your authorization in the following miscellaneous circumstances: --Facility directory information-Unless you object, we ma use and disclose your name, the location at which you are receiving care, your general condition (e.g. fair, stable, etc.), and your religious affiliation in our facility directory...-Research-For research purposes provided that certain steps are taken to protect your privacy.  For example, a research project may involve comparing the health and recovery or all patients who receive one medication to those who received another, for the same condition..."

"USES AND DISCLOSURES OF YOUR PROTECTION HEALTH INFORMATION BY ASPEN THAT REQUIRE US TO OBTAIN YOUR AUTHORIZATION...Except in the situations listed in the sections above, we will use and disclose your health information only with your written authorization."

The second paragraph is a concern as many of the practices (i.e. forcing children to "wipe" with frozen snow/ice packs in freezing cold conditions) may be considered a form of torture.  Does ALE run "intense interrogation" tactics in order to research "effective" practices for dealing with POWs?  Is this a possible and/or probable explanation for this clause?  Generally, schools and other institutions do not need to disclose information to the military or national security and if truly needed, would not need to be disclosed in a contract.  This is what leads us to believe that the research at ALE programs may be something highly unethical and unsuitable for children.

Is it appropriate to include so much personal information about participants in a facility directory?  And, is it appropriate to do so without the consent of participants?

HEAL did not include every instance in which ALE claims it can and/or will disclose your protected health information (PHI) without your consent.  See the enrollment agreement in full for more information.

"You have the right to...Request a restriction or limitation on the health information we use or disclose about you for treatment, payment, or health care operations...Please note that we are not required to agree to your request."

"Aspen may change the terms of this Notice at any time.  We reserve the right to make the revised or changed Notice effective for health information we already have about you as well as any information we receive in the future."

"You will not be penalized for filing a complaint."

Also, the Notice that the terms may be changed at any time may be a concern as it gives them additional control of your private information now and in the future.  It is a concern.

HEAL is glad that Aspen doesn't penalize clients for filing complaints.  That would be highly unethical and it is as interesting that they would think such a statement necessary when all contracts are by law to be made in good faith.  Good faith would require that no one be penalized for complaining and would be an implied condition of the contract as it is will all other contracts in the U.S.  Again, this is not legal advice.  If you need legal help, please consult an attorney.

"I/we authorize Adirondack Leadership Expeditions to release any and all information to the referral source listed on this application and all Aspen Education Group (AEG) Programs.  I/we authorize the below named educational consultants, professionals and/or institutions to release and receive all information concerning the above named student to and from the Adirondack Leadership Expeditions Adolescent Program and all AEG Programs."

"Please sign even if you do not include Referral Source information"

Even if you did not use an educational consultant, they still want you to sign so they can use your private information and share it with all 48 programs in their network.  That seems excessive and since many of the other programs, if not all, are not licensed as mental health or medical facilities nor educational institutions, then exactly what kind of operation is it with which you are involving your family by enrolling your child in ALE?

"Information about how to prepare for a successful transition following your child's wilderness experience whether the next step is a residential treatment center or transition home with aftercare support..."

"Treatment, payment, enrollment, nor eligibility benefits will be conditioned on my providing or refusing to provide this authorization.  Information disclosed pursuant to this authorization could be re-disclosed by the recipient and might no longer be protected by federal confidentiality law (HIPAA).

"I understand that the information to be released may include those relating to sexually transmitted diseases, AIDS or HIV, alcohol/drug/substance abuse under 42 CFR 2.311 authorize the release or disclosure of this information after having specifically considering and expressly waiving those federal consent requirements and restrictions."

Secondly, parents have the right to waive their own rights, but, not the rights of their minor children.  This would arguably include a limitation on the parent's right to waive the right to privacy of said minor children.  For more information, see www.heal-online.org/legalarguments.htm.  This appears to be an illegal clause in the contract.  Also, this appears to be another hint that HIPAA laws do not apply and a requirement showing that even if they do, you waive those rights by signing the "consent" form.

"Adirondack Leadership Expeditions, LLC"

"...parent(s) and/or guardian(s) of the Student (hereinafter the "Sponsor" or "Sponsors")"

"Assuming the Student is accepted into the Program, the term of this Agreement shall be a minimum of 28 days...On the Arrival Date, Sponsor shall transfer, by a Power of Attorney in the form received and executed by Sponsor, temporary control of the Student to Adirondack Leadership Expeditions for the duration of the Agreement..."

"Unless otherwise set forth in Exhibit "A", the Program fee is $465 per day, with a minimum length of stay of twenty-eight (28) days, for a total minimum payment of $13,020 (the "Minimum Payment")."

The language of the third section goes to show the nature of the program by stating they are looking to be granted "temporary control" as opposed to "custody or guardianship" of the child.  When they say "control", that is exactly what they mean.  And, such extreme exercises of control of others as have been reported in regards to ALE are abusive and violative of human rights.  This, of course, is cause for concern.  The minimum "stay" is countered later with the average stay which is reported by ALE as being approximately twice as long as the stated minimum. 

The cost of the program is stated otherwise in "Exhibit "A"", which is discussed at the review of page 20 below.  Regardless, $465 per day so your child can face grave dangers and be fed low quality grains as the majority of their diet is really excessive, especially since ALE limits its own liability for both emotional and physical harms that may and/or will likely befall your child while enrolled in ALE.  Do you think it is worth over $13,000 to put your child's life at risk and your family's well-being on the line?  What would your grandparents say about this decision?

"EXTENSIONS ARE BILLED AT DAILY RATE OF $465 PER DAY.  THE AVERAGE LENGTH OF STAY IS 50-55 DAYS."

"OTHER FEES.  Sponsor agrees to pay $2200.00 application/enrollment fee and $2500 psychological testing fee."

"If Sponsor withdraws Student before expiration of the minimum period of enrollment without the recommendation of the Program Director, Sponsor forfeits the remaining balance of the minimum stay."

"Sponsors are responsible for any additional escort fees required for transporting Student to and/or from the Program to another location (i.e., airport, doctor's appointment or special event)."

"...any personal injury to any Adirondack Leadership Expeditions personnel, other students or third parties caused, in whole or part, by the student; and to promptly reimburse Adirondack Leadership Expeditions for any costs and expenses, including legal fees, it may incur in connection therewith."

"Adirondack Leadership Expeditions is not liable for any loss or damage to any of the Student's property."

"Sponsor agrees and consents to Adirondack Leadership Expeditions' subcontracting certain services to be rendered under this Agreement to persons or entities deemed by Adirondack Leadership Expeditions to be properly qualified to provide said services, at no additional cost to Sponsor unless otherwise agreed to by both parties.  Adirondack Leadership Expeditions is not responsible for the service provided by such third-party contractors and is hereby released from any liability arising from such services.  All clinicians furnishing services to the Student, including any psychiatrists, psychologists, mental health professionals, or internists or the like, are independent contractors with the client and are not employees of Adirondack Leadership Expeditions.  The Student is under the care and supervision of his/her attending clinician and it is the responsibility of the Student's clinician to obtain the Sponsor's informed consent." (This paragraph ends on page 15.)

HEAL asks many of the above questions because it is not infrequently reported that children entering a program at age 10 or 11 will and/or have remained in a "treatment" or "program" setting until reaching adulthood.  Often the younger children's parents believed the program to be a summer school or summer camp for personal enrichment and that period is used to persuade the parent into further "treatment" options as long as the financing is available.  It is our concern that programs like ALE are considered only an entry-level into longer term and damaging imprisonment of children in other programs.

It is reasonable for ALE to demand parents accept liability for their child's actions resulting in damage to people or property.  But, only with that caveat that ALE is providing a nurturing environment and not provoking angry outbursts through humiliation or physical assault of the children.  Since it has been reported that such outbursts are intentionally provoked by ALE staff at times, this clause may raise concern for families.  ALE should insure against such incidents through good business practice and proper insurance that would be required of any licensed childcare program or facility.  It is wrong to solely place liability with the parents who are entrusting the supervision and care of their child to the program.  And, families should require an investigation into any incidents of this nature to insure that they are not being stuck with a bill that is not their own or their child's.

ALE is free to steal from your child as a result of the clause freeing them of liability for lost or damaged property.  Theft of personal property at programs is fairly common.  Theft of personal property at elderly-care facilities are equally as common.  It is always a good idea to keep any items of pecuniary or sentimental value safe at home, this includes your children.

In addition, ALE demands control of what "independent contractors" will be utilized and granted the fees charged for their services.  However, ALE does not take responsibility for the care provided by the contractors they deem "properly qualified".  And, since they are asking you trust their judgment in regards to choosing said independent contractors, they would arguably be liable for faults found with their judgment in the event harm or other violations occur. 

"Adirondack Leadership Expeditions shall in no way be responsible for failure to provide the same and is hereby released from any and all liability arising from the fact that Student is not provided with such additional care."

"Sponsor acknowledges serious hazards and dangers, known and unknown, inherent in the Program, including but not limited to emotional and physical injuries, illness or death that may arise from strenuous hiking, climbing, and camping in a natural environment, exposure to the elements, plants and animals, running away from the Program, "acts of God" (nature), the ropes course, etc..."

"Sponsor understands that accidents occur during such activities due to the negligence of others which may result in death or serious injury.  Sponsor and Student are voluntarily participating in the programs with knowledge of the dangers involved and agree to accept any and all risks."

"In consideration for being permitted to participate in the programs, Sponsor agrees to not sue, to assume all risks and to release, hold harmless and indemnify [facility name] and any and all of its predecessors, successors, officers, directors, trustees, insurers, employees, managers, agents, volunteers, community organizations, administrators, heirs, attorneys, executors, assigns and/or related or affiliated business entities including, but not limited to, Aspen Education group (collectively all of the above persons and entities shall be referred to as the "Released Parties" hereafter) from and against any and all causes of action that may arise in connection with the participation of the student at Adirondack Leadership, whether arising under tort or contract law, except to the extent resulting from the gross negligence or willful misconduct of Adirondack Leadership."

"Sponsor intends by this Wavier and Release to release, in advance, and to waive his or her rights and discharge each and every one of the Released Parties, from any and all claims for damages or death, personal injury or property damage which Sponsor may have, or which may hereafter accrue as a result of Student's participation in any aspect of the Programs."

"Sponsor understands that it is ultimately the Sponsor's responsibility to provide payment to any hospital/emergency response technicians/emergency transport company that may provide services to Student as a result of injury/illness during the Programs."

"Sponsor agrees that this Release extends to all claims of every nature and kind whatsoever, and hereby expressly waives all rights under California Civil Code section 1542."

Stating that the child is voluntarily participating in the program is an open lie and contradicted by the section on restraint covered below in the review of page 16.  Again, we remind parents that they have the right to sign away their own rights, but, not the rights of their minor children.  This is discussed further at www.heal-online.org/legalarguments.htm. 

Also, ALE states it will only be responsible for harms caused by gross negligence and willful misconduct of ALE staff.  And, repeatedly stated is that the parents waive their rights to pursue legal action even in the event of serious injury or death.  These appear to be unconscionable terms given the inherent harm in participating in the program.

"Sponsor agrees to indemnify the Released Parties from any and all actions, causes of action, claims, demands, damages, costs (including attorneys' fees), expenses, liabilities and charges, known and unknown (the "Liabilities") arising out of or in connection with claims and/or actions relating to or brought by or on behalf of the Student except and only to the extent expressly stated in this Agreement, including, without limitation, claims related to or arising out of the minor's participation in the Program."

"Adirondack shall handle all such protected health information ("PHI") pursuant to the guidelines promulgated in the Health Insurance Portability and accountability Act ("HIPAA") of 1996."

"Sponsor hereby authorizes Adirondack Leadership Expeditions personnel to search the person and personal effects of the Student at any time, including a modified "strip search"...Adirondack Leadership Expeditions is further authorized to confiscate any and all items deemed by Adirondack Leadership Expeditions to be contraband or counterproductive to the Student's successful completion of the Program.  The disposition of all items confiscated by Adirondack Leadership Expeditions shall be left to the sole discretion of Adirondack Leadership Expeditions."

"Sponsor hereby authorizes Adirondack Leadership Expeditions personnel to physically restrain, control, and detail the Student by the exercise of necessary restraints when deemed necessary by Adirondack Leadership Expeditions, for purposes including but not limited to escorting the Student to and from the Program's location, returning the Student to the Program if the Student runs away, or preventing the Student from jeopardizing the Student's own safety or the safety of others."

"Sponsor hereby authorizes Adirondack Leadership Expeditions to use data from the Student's records, tests, and assessments for purposes of ongoing research, provided that the Student's name and identity will be kept confidential and not used in any published materials."

"In the event that Adirondack elects to terminate the Student pursuant to the terms of this paragraph, Sponsor understands and agrees that Sponsor forfeits all monies pre-paid to the program."

Strip-searching without probable cause is a violation of the civil rights of the child.  Assuming every child, with or without a history of drug use, is in need of a strip-search is unreasonable.  Searching children at "any time" suggests such searches are used as a form of humiliation as opposed to being done for any legitimate purpose.  And, this is a serious concern.

Using restraint to detain and control the child while in the program also shows that the program is not "voluntary" for the child and that the child is forced to participate in the program through physical force.  Congress is working on legislation (HR 4247, the "Keeping All Students Safe Act of 2010") to stop these misuses of restraint in programs and schools that often result in serious injury and death.

Again, ALE references the use of your child and/or your child's data in "ongoing research".  What is this research and will you be made privy to all studies in which your or your child's private information will be used?  If not, why not?  Informed consent to participate in any research includes knowing the purpose of the research and the projected risks involved in participating.  This again suggests possible violations of the Nuremberg Code (International Human Rights Laws). 

And, of course, if for some reason you decide it was a bad decision (with which HEAL would heartily agree) to place your child in ALE and remove him/her from the program, you lose all the money you paid to ALE.  Now, if ALE isn't, which they don't appear to be, open about the "environment" they create for the children which reportedly includes both physical abuse and humiliating verbal attacks, then you should be due a refund.  The comparison between the claims made in promotional materials and the "agreed to terms" of the contract may mean the difference between proving fraudulent inducement (i.e. misleading advertising and/or oral assurances of the programs safety/success rate) and assumption of risk (i.e. the terms of the enrollment agreement).  If you pulled your child from the program and believe you are due a refund, you should consult an attorney.

"Sponsor agrees to attend any seminars for parents and guardians of the students conducted by Adirondack Leadership Expeditions during the Program, and to give Sponsor's full cooperation to Adirondack Leadership Expeditions personnel throughout the Program."

"If an escort is required to bring the Student to New York for the Program, Sponsor agrees that any escort or escort service used by the Sponsor, whether or not Sponsor is referred to the escort by Adirondack Leadership Expeditions, is in all respects an independent contractor contracting directly with Sponsor.  Sponsor agrees that Adirondack Leadership Expeditions bears no responsibility of any kind for any such escort service or the negligence or failure thereof."

"Sponsor warrant that the Student is a minor, both by age and as a matter of law, that the Student does not qualify under the law as an "emancipated minor," and that the laws of the Student's state of residence permit Sponsor to place the Student in the Program without the Student's consent."

"Any controversy or claim arising out of or relating to this contract, except at Adirondack Leadership Expeditions' option the collection of monies owed by Sponsor to Adirondack leadership Expeditions, shall be settled by binding arbitration conducted in Lost Angeles, California in accordance with the rules of the American Arbitration Association.  Judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction for purposes of executing upon the award."

"Adirondack Leadership Expeditions for all reasonable attorneys' fees and costs incurred by Adirondack Leadership Expedition in connection with those matters concerning which Sponsor has agreed to pay or indemnify Adirondack Leadership herein."

The second two segments above again reiterate how the program is not voluntary for the child.  So, this directly contradicts page 15 that states the child has "voluntarily" agreed to participate in the program.  This is clearly not the case. 

There is no such city as "Lost Angeles, California", and that is how it is written in the contract.  Other misspellings you may have noticed in the quotes from ALE's enrollment agreement are as written in the agreement.  HEAL did not correct errors in the document when transcribing for this review.  Also, why are disputes regarding a program in New York being limited to California?  Since ALE chooses to conduct business in and enroll children from other states, including New York, they should be able to be sued from the home-state of their dissatisfied clients.  If they do not wish to assume the risk of litigation outside of the state of their choice, then they shouldn't accept children from other states. 

The final segment above seems more a tool of intimidation to frighten you from pursuing legal action by having you agree to pay for ALE's attorneys' fees regardless of the legitimacy of your claims.  This seems unconscionable.

"The Agreement, and all matters relating hereto, including any matter or dispute arising between the parties out of this Agreement, tort or otherwise, shall be interpreted, governed, and enforced according to the laws of the State of California; and the Parties consent and submit to the exclusive jurisdiction and venue of the California Courts in Los Angeles County, California."

"Other than the express commitments set forth in this Agreement and the Program description, Adirondack Leadership Expeditions gives no warranties of any kind, express or implied, to wither the Sponsor or the Student concerning the Program; and Sponsor acknowledges that Sponsor is not relying on any warranties or representations of any kind other than the express commitments of Adirondack Leadership Expeditions set forth herein."

"The parties authorize the release of the Student's information via E-mail, Internet technology, voice mail or US mail.  While every effort will be made to maintain confidentiality, Adirondack Leadership Expeditions accepts no responsibility for the mis-transmission that could result in information becoming available to someone other than the intended receiver."

"The fee for the physical is $150."

The second paragraph above states that the contract rules and that any other oral or written statements regarding the program are not being relied upon.  This is highly unlikely and helps them cover themselves for the "misleading" advertising they use to promote their programs and services. 

And, we see ALE again stating they accept no responsibility for violations of your confidentiality or privacy. 

The purpose of including the cost of the physical is to show the additional cost not covered by program or other program fees and that is required by the program. 

"I/we understand that the cost of Adirondack Leadership Expeditions is $465 per day, $2,200 enrollment fee, $150 for the physical and $2,500 psychological testing fee.  I/we understand that there is a minimum initial payment of $17,870.00 which covers the first 28 days of the program."

"I release Adirondack Expeditions, its employees, and contractors from any and all liability resulting from our son's/daughter's participation and assume all risks therewith, including known and unknown risks."

"I understand that if my credit card declines, late fees of $50.00 may be assessed."

"Behavioral: Screen for substance abuse...Screen for risk of self-harm, aggression, and treatment compliance or flight.  Detect malingering and deceit.  Screen for behaviors that are high risk, illegal, or violate the rights of others or major social values."

Not only does Adirondack not accept any liability for their contractors, they also demand you indemnify these "independent contractors" in this section of the contract.  Now, they want families to hold independent contractors chosen by Adirondack liable as opposed to holding ALE liable in other sections of the contract and then openly contradict that by requiring you sign a waiver/release regarding any risks or harms caused by those very contractors.  If the contractors are "independent", shouldn't the agreement(s) relating to those services be independently approved by the Sponsor/Parent?  And, why is ALE assisting these "independent contractors" in liability protection when in earlier statements within this very document they claimed that the contractors were individually liable for their services? 

$50.00 appears to be a reasonable late fee.  However, if it is a per diem late fee, it may be excessive and unethical.

Our concern with the discussion on "behavioral" screening is that these "screenings" take place when a child is already scared and not in a position to build immediate bonds and trust with those doing the screening.  Therefore, someone exhibiting "shyness" may be confused or subjectively determined "deceitful" for not being "open" about themselves to the satisfaction of the screener.  Also, does ALE consider homosexuality a violation of "major social values"?  If so, this would be a serious concern.

"My/Our child's personal effects and his/her person may be searched at the discretion of Adirondack Leadership Expeditions personnel."

"I understand that incoming and outgoing mail from students to parents, guardians, and attorneys shall not be restricted or censored.  Mail to parents, guardians, and attorneys will be reviewed by staff and sent without alteration to intended recipient.  All other mail may be restricted by parental request.  All incoming mail will be opened by staff and reviewed and then given to the student."

"That Adirondack Leadership Expeditions personnel shall be able to physically restrain, control, and detail my/our child for the following purposes: To detain him/her for any reason he/she leaves the group and attempts to return home through any means of transportation."

Also, by opening and reading the incoming and outgoing mail of children in the program, including mail to be private/confidential between attorneys and their clients, ALE is violating the rights of the child.  In the case of Milonas and Rice et al v. Provo Canyon School, the Federal Court ruled that such actions do violate the rights of the child and are therefore decidedly illegal according to the findings in that case. 
 

Since it appears that ALE is abusive, fraudulent, and/or otherwise prone to violating the rights of children and/or their families, we heartily suggest you do not place your child in ALE and rescue them if they are there now.