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By JOEL ELLIOTT
Staff Writer 10/02/2007

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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