Lawsuit Against Mt. Bachelor Academy Expands
Now Totals 17 Playoffs; Damages Sought Top $25
Million
By Barney Lerten and Shanna Mendiola,
KTVZ.COM
POSTED: 1:42 pm PDT July 6, 2011
UPDATED: 11:35 am PDT August 24, 2011
PRINEVILLE, Ore. -- Eight more former
students of the now-closed Mt. Bachelor Academy near Prineville, one of
Oregon’s best-known “tough love” boarding schools, joined a previously
filed lawsuit Wednesday alleging emotional, physical and sexual abuse,
their attorneys announced.The lawsuit, which is pending in Multnomah
County Circuit Court, now includes 17 plaintiffs who allege they were
abused as children at Mt. Bachelor Academy, their lawyers said.The suit
seeks $25.5 million in compensatory damages, and states that punitive
damages will be sought as well. The suit is being brought by attorneys
Kelly Clark and the Portland law firm O’Donnell Clark and Crew, who
often bring child abuse cases in Oregon and around the nation.In a news
release, Clark said of the latest filing, “Sadly, we now know of dozens
of kids who were subject to the kind of systematic humiliation,
degradation and outright abuse that was inherent in the Mount Bachelor
program, and eight of these have now joined this lawsuit, which seeks to
achieve justice for these plaintiffs and to prevent future abuse in
other similar programs in Oregon and around the country." We contend
there simply is no excuse or justification for abusing children,
even—especially—under the guise of ‘tough love.’”The lawsuit was
originally filed in July and alleges claims of battery, negligence, and
infliction of emotional distress against Mt. Bachelor Academy and its
parent companies as defendants.Those include Aspen Education Group – a
national conglomerate of therapeutic boarding schools which, at its peak
had nearly 40 youth programs throughout the United States – as well as
Aspen’s parent company, CRC Health Group. CRC Health Group is a large
national healthcare corporation controlled by Bain Capital, a private
equity firm with $65 billion in assets.The attorneys said Mt. Bachelor
Academy was closed by the state of Oregon in November of 2009 based on
the findings of a state investigation related to charges of systemic
abuse and neglect.They quoted a report by the Oregon Department of Human
Services that said Mt. Bachelor Academy used “punitive, humiliating,
degrading and traumatizing” tactics as “treatment.”At the time of its
closure in 2009, Mt. Bachelor Academy reportedly had more than 75 staff
supervising about 90 students who were being charged $6,400 per month in
tuition, the lawyers said.The largest defendant -- CRC Health Group –
has been the subject of increasing scrutiny regarding the safety
children in its facilities, the attorneys said.In late July, the state
of Tennessee reportedly decided to stop placing children at a large CRC
Health facility following the deaths of several patients at that
facility, citing concerns for the well-being of children in its
care.--Earlier story:Nine former students of Mount Bachelor Academy, a
now-closed program for troubled teens east of Prineville have filed a
$14 million lawsuit against the school and its parent companies,
alleging serious abuse -- something its operators and supporters are
strongly denying.Their attorney, Kelly Clark of the Portland law firm
O'Donnell Clark & Crew LLP, said Thursday this is only the first step
toward closure and justice for what they claim happened."My folks have
two reasons for doing this," said Clark. "No. 1 is to get this behind
them, to have closure and healing and justice for themselves. But
secondly and equally important to them is they want to get the word out
that some of these 'Tough love' schools are not good places -- and there
are hundreds of them all over the country."People living near the closed
school about 35 miles east of Prineville, had a different impression of
the private boarding school."I thought it was a great school," said
Jarrod Warren of Prineville."Every time when I was in middle school, I'd
drive by there with my parents and I'd see a whole bunch of kids down
there. And now I drive by and there's nothing now. ""Not exactly what
has happened at the school, but what happened in their past and how the
school has changed them, but this is definitely different," said Tasha
Asbow, also of Prineville.The school was shut down by the state in 2009
after finding evidence to back allegations of repeated neglect and
abuse.The 52-page lawsuit filed by the nine former students who have
chosen not to be named claim physical and psychological child abuse.They
say parents were instructed not to believe anything they say, and they
were denied basic medical care. The claim also states they were sexually
abused.The attorney for Mount Bachelor Academy, Greg Chaimov Davis
Wright Tremaine LLP said in a written statement Thursday afternoon, that
these alleged incidents took place before the school was purchased by a
"nationally recognized network of therapeutic schools and programs that
espouse comprehensive best practices and safety protocols."Chaimov
closed his statement by saying, "Following review of this complaint, we
firmly stand by our original statement and vigorously deny any and all
charges of mistreatment."The case now goes into civil litigation, where
it could be thrown out, settled or eventuallyr heard by a jury.
NewsChannel 21 looked into claims that the school might reopen, but
lawyers for the school say they have no plans to do that at this
time.----Our earlier story on the two sides' news releases:Nine former
students of one of Oregon’s best known “tough love” boarding schools, a
facility east of Prineville that was shut by the state two years ago,
filed a lawsuit Wednesday alleging emotional, physical and sexual
abuse.The suit is being brought by attorneys Kelly Clark, Steve Crew,
Gilion Dumas, Kristian Roggendorf, Peter Janci and the Portland law firm
O’Donnell Clark and Crew, who often bring child abuse cases in Oregon
and around the nation.The suit alleges claims of battery, negligence,
and infliction of emotional distress against Mount Bachelor Academy and
its parent companies, Aspen Education Group and CRC Health. The suit
seeks more than $14 million in compensatory damages, and punitive
damages will be sought as well.An attorney for the school's operator,
Greg Chaimov, later issued a statement denying the charges, and issued a
stronger denial of the allegations Thursday. It reads:"We have reviewed
the complaint and are confident that the allegations will be proven to
be untrue. The events that Mr. Clark and his clients allege happened at
Mount Bachelor Academy simply did not. We regret that, of the many
hundreds of students who attended the program, there are these nine who
consider themselves to have been mistreated. ""Mount Bachelor Academy
(MBA) was a licensed and accredited program that helped troubled teens
with serious behavioral issues who could not otherwise be successful at
home, in school or in life. The truth is that MBA provided a nurturing
and caring environment for over 1,000 young people over the course of
its history, one that leading mental health professionals trusted enough
for their own children. The strongest refutation of the claims comes
from the many hundreds of families who have thanked MBA for saving their
children when all else had failed. ""All dates of alleged incidents
occurred prior to the school’s acquisition by a nationally recognized
network of therapeutic schools and programs that espouse comprehensive
best practices and safety protocols. Following review of this complaint,
we firmly stand by our original statement and vigorously deny any and
all charges of mistreatment. "The rest of the release about the
lawsuit's allegations:Located 26 miles east of Prineville, the
controversial “therapeutic boarding school” known as Mount Bachelor
Academy was closed by the state of Oregon in November of 2009 based on
the findings of an investigation related to charges of systemic abuse
and neglect.According to a report by the Oregon Department of Human
Services, Mount Bachelor Academy reportedly used “punitive, humiliating,
degrading and traumatizing” tactics as “treatment” 00– an approach some
say stems from the Synanon self-help group of the 1960's, which was
rejected as a cult by mainstream mental health community by the late
1970s. At the time of its closure in 2009, Mt. Bachelor Academy
reportedly had more than 75 staff supervising approximately 90 students
who were being charged a tuition of $6,400 per month.“The so-called
‘treatment’ that these children were forced to endure on a daily basis
at Mt. Bachelor Academy is obscene. Not only did the program ‘break kids
down’, it did nothing to build them back up,” said Kelly Clark, an
attorney for the plaintiffs. “We intend to prove that this wasn’t
education, it wasn’t treatment and it wasn’t ‘tough love’ – this was
abuse.”The plaintiffs in Wednesday’s suit, who all attended Mount
Bachelor Academy in the late 1990s, allege: that they were subjected to
regular psychological abuse and shaming, including being required to
reenact traumatic experiences (such as prior instances of child sexual
abuse) in front of their peers; that they were subjected to extreme
isolation and prolonged deprivations of food, water, shelter, and basic
medical care; that students were required to go days with little or no
sleep and were also regularly forced into “chain gang” style labor; that
phone calls to their families were limited and were monitored by Mt.
Bachelor Academy staff; and that parents were instructed by staff not to
believe their children if they claimed malfeasance or abuse – i.e., the
children will lie, it is all part of the treatment process, parents were
told.The allegations in the lawsuit are consistent with the findings by
the Oregon Department of Human Services. In late 2009, following a seven
month investigation, DHS found multiple incidences of “abuse and
neglect” and “serious violations of Oregon’s licensing standards.”The
DHS report cited nine substantiated claims of abusive practices,
including “punitive, humiliating, degrading and traumatizing” activities
such as “sexualized role pay and reenactment of traumatic events, such
as prior physical or sexual abuse.” The state also found that these were
not isolated incidents; instead, “many of [the abusive] behaviors fell
within the range of behavior expected, encouraged or condoned by the
Mount Bachelor Academy program itself . . . .”DHS determined that “MBA
poses a serious danger to public health or safety of children . . .
[and] should not be permitted to continue operating as a therapeutic
boarding school for children.” Thereafter, in November of 2009, the
state gave Mt. Bachelor Academy 72 hours to shut down its program and
remove students from its facility. The facility closed on November 3,
2009. Later, in October 2010, as part of a settlement of a suit by Mt.
Bachelor against the state contesting the DHS findings of abuse, Aspen
Education Group and CRC Health Group (the parent company’s of Mount
Bachelor Academy) agreed that DHS had reasonable cause to believe that
abuse or neglect had occurred at the school, and that DHS had a
reasonable basis to investigate and to seek corrective actions.The
lawsuit names Mount Bachelor Academy and its parent companies as
defendants. Those include Aspen Education Group – a national
conglomerate of therapeutic boarding schools which, at its peak had
nearly 40 youth programs throughout the United States – as well as
Aspen’s parent company, CRC Health Group. CRC Health Group is a large
national healthcare corporation owned by Bain Capital, a private equity
firm with $65 billion in assets.4Wednesday’s lawsuit is part of a larger
response to decades of abuse and mistreatment in so-called “tough love”
facilities – both inside and outside of the Aspen Education
Group.According to previous news reports, at least four children have
died in Aspen-owned facilities since 2004. One of those incidences
occurred in Oregon in 2009 – the death of student Sergey Blashchishen
during a wilderness hike in the Redmond-based Sagewalk Wilderness
School.Blashchishen, a minor at the Sagewalk facility, collapsed in
August of 2009 while hiking on his second day Aspen’s Sagewalk program.
Staff had reportedly ignored repeated signs of a serious medical
problem, and the boy died at the scene. The lead sherif’s investigator
on the Sagewalk case recommended that the Lake County district attorney
file homicide charges. Sagewalk had previously been the subject of the
nationally broadcast ABC television series “Brat Camp” in 2005.As Peter
Janci, one of the Plaintiffs’ attorneys explained,“Many ‘tough love’
schools have been a breeding ground for abuse – isolating vulnerable
kids and subjecting them to debunked so-called ‘treatments’ by
unqualified staff, while their parents are kept in the dark and bilked
out of tens of thousands of dollars.”Problems of abuse, injury and even
death are present throughout the “tough love” industry. Some reports
indicate that more than two dozen teenagers died in such facilities
between 1990 and 2001.The lawsuit is one in a growing number of actions
by individuals who survived these facilities, only to be left with
serious, long-term psychological injuries. Several weeks ago, a civil
suit was filed against Silverado Academy in Utah for claims related to a
staff member’s sexual abuse of at least 10 boys.Previously, in 2006,
attorneys for another group of individuals filed a major lawsuit
alleging neglect, fraud and abuse against the World Wide Association of
Specialty Programs and Schools and related entities. That suit is still
pending in federal court in Utah, and now includes 353 plaintiffs who
allege they were wronged by therapeutic boarding schools and their
related entities.“This is a watershed moment in exposing organizations
that have profited from broken promises to desperate families,” said
Clark. “We believe that institutions like Mount Bachelor Academy need to
be exposed for what they are and held accountable for the permanent
damage they have done to the lives of vulnerable teenagers entrusted to
their care.”Clark and his firm are among the most prominent child sexual
abuse attorneys in the nation, having brought over 300 claims against
such organizations as the Catholic Church, the Mormon Church, the Boy
Scouts of America and dozens of other youth-serving organizations.Clark
has twice won landmark child abuse cases at the Oregon Supreme Court,
and last year was lead counsel in a six week sex abuse trial against the
Boy Scouts of America resulting in a jury verdict of nearly $20
million.---The initial response from Greg Chaimov, a lawyer with Davis
Wright Tremaine LLP, on behalf of client Mount Bachelor AcademyWhile we
have not yet had the opportunity to evaluate the allegations in the
complaint filed today, we would like to go on record that Mount Bachelor
Academy was successful in resolving the dispute with the Oregon
Department of Human Services last fall after abundant evidence was
collected that showed the allegations of abuse made to the Department
were unfounded.DHS initially took action based on students’ allegations,
but withdrew its orders, including the suspension of Mount Bachelor
Academy’s license, after further information became available. Given the
favorable terms of the settlement agreement, we agreed to dismiss our
various legal proceedings against the state. We also independently
decided to leave Mount Bachelor Academy closed due to the fact that the
sudden and erroneous closure of the campus effectively shut the program
down the year prior.For over two decades, Mount Bachelor Academy (MBA)
positively changed the lives of over 1,000 troubled young people. MBA
was a program specifically designed for troubled students who had failed
to progress in other settings. It was designed to help kids confront the
worst of their behaviors and take ownership of them, whether that be
substance abuse, sexual acting out or other issues. This approach proved
successful at producing positive, life-changing – and, in some cases,
life-saving – results. The numerous positive testimonials provided by
families and students over the years further attest to the success of
MBA.MBA and its parent companies never condoned or participated in the
mistreatment or deprivation of any students. As we understand, the
plaintiffs in this lawsuit attended MBA prior to its acquisition by a
nationally recognized network of therapeutic schools and programs that
espouse comprehensive best practices and safety protocols. While we
cannot comment on specific allegations from individual students due to
HIPAA privacy regulations, we vigorously deny any and all charges of
mistreatment.
Full Text of Suit Against Mount Bachelor Academy (Adobe Acrobat Reader
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