Teacher Wins Federal Court Battle
Tuesday, January 3, 2006
EducationNews.org
By richard jones

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RICHMOND, VA - Special educator Kandise Thomas-Humphrey has never backed down from the corporation that keeps taking her back to court.

Now, a federal court has voided last February's circuit court judgment against her.

In November 2004, Specialized Youth Services of Virginia, Inc., and its executive director, Warren G. Bull, sued Humphrey for a second time in as many years.

As plaintiffs, they claimed that she committed libel in 2003, when she made allegations against the corporation's private day school, Bermuda Run Education Center, in Prince George, VA.

In May 2003, Humphrey emailed the Virginia Department of Education, urging it to investigate student abuse and neglect at BREC.

She also petitioned the office of then Lieutenant Governor Timothy Cain to conduct its own investigation after the VADOE did not take immediate action.

Bull learned about the allegations from Carolyn Hodgkins, a VADOE employee who certified BREC for several years.

Then, in October 2003, he sued Humphrey for over a million dollars, claiming in the libel suit that she discredited the corporation and BREC and dealt a severe blow to the corporation's business pursuits.

After a year of expensive legal maneuvering, the plaintiffs "non-suited" or voluntary dismissed the original lawsuit to avoid a potentially adverse judgment.

Less than one week later, they sued Humphrey again; this time basing their case largely on the "investigation" the VADOE conducted more than six months after it received Humphrey's complaint in 2003.

Humphrey failed to respond to the second lawsuit within the mandatory 21 days, and in February 2005, Judge Timothy J. Hauler of the Chesterfield County Circuit Court issued a default judgment and awarded the plaintiffs over $20,000 in damages.

In April 2005, Humphrey filed to have this judgment debt discharged through bankruptcy, and the plaintiffs petitioned the U.S. Bankruptcy Court for the Eastern District of Virginia to block her from doing so.

Last month, the plaintiffs told the bankruptcy court that the circuit court opinion established that Humphrey's conduct was "willful and malicious," and therefore, by law, she cannot discharge the judgment debt.

According to the written opinion of Chief Judge Douglas O. Tice, Jr., Humphrey represented herself and "vigorously" disputed the circuit court opinion.

She also "introduced new evidence in the form of affidavits with her motion to dismiss summary judgment in an effort to convince the court that a genuine issue of material facts exists."

After hearing oral arguments from both sides, Tice denied the plaintiffs' motion, noting that "the circuit court judgment against [Humphrey] is void as a violation of the automatic stay."

"As such," Tice added, "the judgment cannot form the basis for establishing whether [Humphrey's] conduct that led to the court's finding was indeed 'willful and malicious'...and a separate trial is needed to make this determination."

Humphrey is happy that the federal court wiped the slate clean and cleared the way for her to clear her name.

She insists that the circuit court ruling was not in the interest of justice, and that a fair trial will show that her interest in 2003 is the same as it is now: Doing what is in the best interest of children.

RELATED LINKS:

TEACHER ORDERED TO SHUT UP AND PAY UP
Monday, February 28, 2005
Educators say court ruling is the kind of thing that makes them afraid to speak out

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RICHMOND, VA -- A major legal battle is quietly taking place in the state of 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 Attorney 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. 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 Humphrey'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.

SCHOOL SUES TEACHER...AGAIN
Friday, January 28, 2005
Special education teacher getting not-so-special treatment from former employer
By Richard Jones

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RICHMOND, VA -- 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 Educational 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 the libel suit again 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 who were employees at BREC 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 sworn 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 appear 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.

Copyright (c) 2005 Richard Jones. All rights reserved. This story may be reprinted in its entirety if Richard Jones is clearly credited as its author and a link or reference to www.iamrj.com is included in the reprint. If you desire to publish an abridged version of this story, please contact Richard Jones.