Morning Sentinel
Strip-search settlement detailed
By JOEL ELLIOTT
Staff Writer
Kennebec Journal & Morning Sentinel 10/02/2007

WINSLOW -- Winslow school officials agreed to pay $15,000 to quietly settle a case in which a 14-year-old student was strip-searched last December.

The payments were detailed in a settlement approved by a Superior Court justice Sept. 22, and were made public Monday in response to a Freedom of Access request from the Morning Sentinel newspaper. Under the agreement, the school system paid $8,500 in damages to be put into a trust for the girl. They also agreed to pay $6,500 in attorney fees to the Maine Civil Liberties Union, which represented the girl and her mother.

The girl on Dec. 15, 2006, was forced to remove her clothes above the waist in the presence of two female staff members to see whether she was hiding drugs in her bra, according to the documents filed in Kennebec County Superior Court. No drugs were found, according to Winslow Police Chief Richard A. Grindall.

Assistant Principal Terry Atwood ordered the search, but he was not in the room while it was performed, the documents state. Atwood will not pay the $15,000 because he was acting in his official capacity at the time of the search. It was not clear from the documents whether the Winslow School District or School Union 52 is paying.

The Kennebec Journal and Morning Sentinel are not naming the girl or her mother, because of the student's age at the time of the search and the fact that no drugs were found.

The incident came to light last week, when the Civil Liberties Union announced that it had convinced the school system to clarify its policy to prohibit the strip-searching of students. News that a strip search had occurred shocked students and parents of students at the school.

As part of the agreement to settle the case, Atwood agreed to give the girl and her mother a written apology.

"I can understand why you and your mother sought legal assistance from the Maine Civil Liberties Union after this incident occurred," the apology reads. "This incident has made me think about our approach to student searches, and I have decided to change our policy to make it clear that students will not be asked by school administrators to remove their clothing ..."

The apology also includes a promise that the girl would never again be strip-searched at the school.

Atwood was not available for comment Monday afternoon. According to court filings, he denies liability, "claiming the search was reasonable under the circumstances, and, thus, constitutionally valid. Nevertheless, he has agreed to settle all claims made by or on behalf of (the student)."

Elaine B. Miller, superintendent of School Union 52, which includes Winslow School District, said Monday that "it's very difficult to maintain a balance of protecting the safety of all students while maintaining the respect of the individual."

The settlement document said that the girl suffered "mental anguish, emotional distress, anxiety, embarrassment, humiliation, worry, fear of school officials, violation of her body and violation of her civil rights."

The student's mother, as part of the settlement, agreed to waive any rights she had to take further legal action against the school with regard to the strip-search incident.

Joel Elliott -- 861-9252

jelliott@centralmaine.com

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chris bertsch of river ridge, LA
Oct 3, 2007 10:30 PM
Parasite ,
A quick quiet deal works real well in Louisiana . Its common place . Maybe i'd feel at home in the Louisiana of the north . uhhhhhhhhhhh.............NO!!!!!!!!!!!!report abuse
SLB of Waterville, ME
Oct 3, 2007 12:22 PM
Lazarus, while you made a valiant, but miserably failed attempt to belittle my arguments and questions with ad-homonym attacks, I notice that you also failed to answer a SINGLE question I posed to you and to the community as a whole.

Lazarus wrote: “do you work at the school???Do you have knowlegde of the incident that others do not???because if you don't perhaps you shouldn't speak or write because you don't have clue one”

You suggest here that only people who meet these restrictions have a right to any voice. Which qualification do you meet?

I considered trying to address some of what you wrote, but quickly got frustrated trying to parse it. I’ve read essays by first graders that were more coherent than your diatribe. If you would like me to address specific questions, please break them into a clear list, rather than one long run-on sentence.

Generally speaking, I try to avoid engaging in battles of wit with unarmed opponents. It’s poor form.
report abuse
momof3girls of Winslow, ME
Oct 3, 2007 10:59 AM
This is all very alarming. My teenage girl attends Winslow High as well. She was continuously sexually harassed by one of her teachers her freshman year, last year first semester as well. He was supposedly disciplined from the super. and it was said if he didnt stop with his behavior he would be terminated immediately. He still continues in his ways just not with my daughter; including giving out his AOL address to students and inviting them to his house while his wife is away!! Apparently his behavior is tolerated by other girls even though it is not welcome and feels like a violation. A good way to desinsitize our girls into engaging in inappropriate behavior!!! Welcome to Winslow High School Girls!!!!
To all you parents of Winslow High; please remind your children that they have a right to say no to behavior that makes them feel violated and uncomfortable, and not to let those in positions of authority to take advantage of them. I am so glad my daughter has enough self-respect and dignity to stand up to her predator!!!!
I feel badly for the family who has been through this strip search ordeal, how humiliating. I wonder how she faces school each day and how she manages through all the gossip. It is not something most girls would want to be known for. I also wonder how this affects future patterns, relationships and behavior for her? Winslow got out of this cheap.
Best of luck to them.report abuse
lazarus of winslow, ME
Oct 3, 2007 10:42 AM
Hey SLB, do all of us in society a favor, home school your kids and make the world a better place to live because you obviously have all the answers....do you work at the school???Do you have knowlegde of the incident that others do not???because if you don't perhaps you shouldn't speak or write because you don't have clue one...if you read what was written by me you would see it deals with the much larger social issues...but then again it's easier to focus your outrage in an unfocused manner...are you a college graduate? I wont belittle anyone by aking if your a high school grad...did these problems exist when you were in high school...I'm willing to bet you knew friends in high school who brought contraband on campus and made jokes about it...real funny huh!!!But then again as a whole our societal values have changed and what was once a cardinal sin is now a minor issue, oh wait, bringing or selling drugs on to school grounds is a crime...do some research before you pass judgement on issues you have no clear info on? It would seem you have all a clear vision of what needs to happen...run for the school board then and make the world a better place...otherwise, sit back and let others who have chosen to take a stand and make a difference in a childs lives...I'm sure the teachers really appreciate your view considering the work they do on a daily basis to help children...oh by the way, they end up taking over your role because most of the time teachers see them more in a week than you do...think about it...where are kids taught the values of society...oh wait...that would be the school...because they spend the majority of their year there...mistakes can be made but you would be the first to say" please give my child another chance", but when it comes to this type of incident it becomes someones bloody crusade to right all of the wrongs of society...so please come down off your soap box and make a real difference in society!!! report abuse
Tiffany Lee of Skowhegan, ME
Oct 3, 2007 9:21 AM
Schools bring in drug-sniffing dogs on occasion to sniff out the lockers. Unless she's deathly allergic to dogs, I'm willing to bet that it would have cost a LOT less to bring in a canine unit for the search. This girl was 14, and probably a freshman. The first semester was not even over yet. I can't imagine having this as a first impression of High School life.

I have known a lot of kids that used drugs. And from experience, I can say that, it is usually the ones that you would never expect who bring drugs onto school grounds. What student, knowing that they are probably suspected and under the eye of suspicious teachers, would be stupid enough to have evidence on them???report abuse
chris bertsch of river ridge, LA
Oct 2, 2007 10:48 PM
I am sickened that once again , money talks and .... well you know the rest . Is this why Maine is one of most taxed states in the union ?
I really think that this was forced upon them and thats a shame .Apparently, humiliation and mental anguish doesnt have much value .

I have been putting my 2 cents in . some welcomed some not . The whole thing for me is : Where does the Faculty get off in a strip search . Last I was aware , authorites ( police ) were the governing body here .It doesnt matter what they were looking for .The fact that the girl was " forced " to take her clothes off id disturbing enough . The fact that no one thinks there was a crime is even worse . Please someone explainreport abuse
R B of winslow, ME
Oct 2, 2007 10:47 PM
Some of you people have no idea what you are talking about. The girl who was strip searched had no history of drug use and didnt cause problems at school. She was only searched because another student said she had drugs on her. And some of you say the parents are to blame? How so? This girl was inocent but yet was treated like a criminal. Atwood is the criminal here. He should be fired along with the two teachers involved with the search. I know I wouldnt feel safe if I had a daughhter at that school.report abuse
SLB of Waterville, ME
Oct 2, 2007 9:34 PM
Lazarus: Read the article again, buddy. NO DRUGS WERE FOUND! What, exactly, is she (or her parents) supposed to be taking responsibility for?

Those you of justifying the actions taken by Mr. Atwood (and co.) contend that because intentions were good, their job is tough and schools will be overrun with drugs/guns if that job DOESN’T get done, they should therefore be allowed to accomplish their ends by ANY means.

Just for a moment, suppose this girl was a KNOWN dealer fresh out of juvey, and suppose Mr. Atwood SAW her stuff drugs into her bra.

Even if you ASSUME all of that, Mr. Atwood’s actions are STILL grossly inappropriate.

Mr. Atwood could have:
1st) escorted the girl to a staffed area and have her kept under surveillance
2nd) request police and parental attendance
3rd) continue surveillance until parents and police arrived

Lost? Since no-one’s taken their eyes off her, the drugs are sitting tight and cozy where she put them with nowhere to go. So there’s ZERO reason to be performing emergency strip searches: i.e. wait for the police and/or a drug dog to search her.

Thus, to those JUSTIFYING the strip-search (something Winslow police don’t even subject THEIR arrestees to) of a 14 year old CHILD, please explain: in what way does STRIP-SEARCHING make the school safer than would the proposed course of action? And how is it more appropriate?

Why not just make every kid go through security each morning - full strip search for everyone? Hey, if it makes our schools “safer,” why not?

Having “a tough job” IS NOT a license to do that job with ZERO regard for law, order and civil rights (at least, not yet). People need to wake up before their idiocy condemns us all to a totalitarian regime.

I’ll home school my kids before I ever let them attend a public school, especially with voters like some of you on the loose - gung ho to violate their rights any chance you get. Easier to keep them "safe" from drugs that way too. Go figure.report abuse
DrPepper of Largo, FL
Oct 2, 2007 9:17 PM
GO FOR MOREreport abuse
chris bertsch of river ridge, LA
Oct 2, 2007 7:55 PM
Is there a reason why we cant hear from the people who are involed ? 'FACULTY , PRINCIPAL'ER UM WINSLOW HIGHSCHOOL POSSE .-I'm still waiting to hear from elaine miller and mr wherey.report abuse

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