Porter-Gaud Apologizes
Posted Courtesy of The Post and Courier (http://www.charleston.net)
Published on 11/14/00
BY TONY BARTELME
Of The Post and Courier Staff
In the wake of last week's multimillion-dollar settlement of
the Porter-Gaud sex abuse cases, school leaders Monday
apologized to the victims of former teacher and convicted
pedophile, Eddie Fischer.
They also said their feelings about the cases couldn't be
revealed during the bitter two-year court battle because
their insurance company told them to keep quiet.
"We are profoundly sorry for the pain of all who have
been affected by these terrible events," said Charles
Wendell, chairman of school's board of trustees.
Wendell and the school's headmaster, Stephen Blanchard, made
the apology and discussed the settlement during a press
conference outside the private West Ashley school. Standing
to the side were several trustees and school supporters.
According to the terms of last week's settlement, the school
was required to make a "public statement of
regret" and state that neither Fischer's victims nor
their families were responsible for what happened.
During the press conference, Wendell fulfilled these
settlement terms, but also took several steps to distance
the school from its insurance company, The Church Insurance
Co. of New York.
As part of their defense during the litigation, insurance
company lawyers said Fischer's victims and their families
were partially to blame for what happened.
The lawyers "are solely responsible for their
defense," Wendell said, adding that the insurance
company required the school to remain silent during the
litigation.
"There are clauses in the insurance policy that say we
need to cooperate with the defense that they provide. And if
they request that you not comment, that's what you have to
do," he said.
Last week's agreement with the victims changed things.
"We now have the ability to say what we mean,"
Wendell said.
Bobby Stepp, an attorney for the insurance company, declined
to comment.
Fischer, now serving a 20-year prison term for an array of
sexual abuse charges, worked at Porter-Gaud between 1973 and
1982.
During a recent trial, evidence showed that school officials
knew Fischer was molesting students but helped him get jobs
at other schools where he continued his career as a
pedophile. He has admitted that he abused at least 40 boys.
The jury found two deceased school officials, James Bishop
Alexander and Berkeley Grimball, grossly negligent and
awarded the father of one victim $105 million.
According to Education Week, a school industry magazine,
legal experts believe the verdict may be the largest ever
for a case involving sexual misconduct by a school employee.
The verdict set the stage for last week's settlement, which
covered the jury's $105 million award and eight pending
lawsuits.
Financial terms of the settlement are confidential, but an
attorney representing Fischer's victims said the award
"is above and beyond" previous offers to settle.
Two years ago, victims proposed a $6 million deal.
During the press conference, which took place under a grove
of magnolias near the school's entrance, Wendell said
"our heart and our apologies go out to each individual,
each family" affected by "... the despicable
actions that occurred. With God's grace we can now move
forward, not forgetting the past, but learning from
it."
Asked whether the school was apologizing for its role in
perpetuating Fischer's career, Wendell said,
"certainly, I regret what occurred, and I deeply regret
the actions that (school) officials may have taken that
extended these events. If I could go back and change those
actions, I would do it in a second."
Wendell and Blanchard also announced the creation of a
counseling fund for Fischer's victims. Set up through the
Medical University's National Crime Victims Research and
Treatment Center, the fund is for victims who were not
involved in the lawsuits.
The school will put $50,000 into the fund and, if needed,
add $50,000 next year.
"I'm just glad it's over," said Guerry Glover, one
of Fischer's victims. Glover's lawyer, Gregg Meyers, added:
"We knew sooner or later they would have to agree with
us. We just thought it would be sooner. But we're glad they
did it."
Monday's apology comes as a small but growing number of
schools and school employees are being hit with large
verdicts - or even arrested - for mishandling complaints
about sexual misconduct.
Some recent cases:
• In October, a school district in Augusta, Maine, agreed
to pay $1.6 million to men molested by a band director. The
district kept the teacher in the classroom for 20 years
despite warnings from a psychiatrist that he showed signs of
being a pedophile.
• In July, a principal in Phoenix, Ariz., pleaded guilty
to a charge that she failed to notify authorities that a
student was being abused.
• Criminal charges were filed several years ago against a
Palm Beach County, Fla., principal for failing to turn in a
band teacher who molested several students.
• In Saratoga, N.Y., a school district paid $2.3 million
in 1997 after parents said two administrators repeatedly
brushed aside signs that a teacher was abusing students.
Education experts say school administrators fail to take
action against employees accused of sexual misconduct
because they fear these employees will sue.
A 1997 study of 225 school districts found that more than
half allowed teachers accused of sexual offenses to quietly
leave their schools. In those cases, the reasons for the
dismissals were kept secret.
The practice of moving sex offenders to other schools is
known as "passing the trash" in some education
circles, according to a report by Charol Shakeshaft, an
education professor at Hofstra University.
After last week's settlement in the Porter-Gaud litigation,
Meyers said his clients want administrators' to take sex
abuse complaints more seriously.
"We want administrators to think it's more costly to be
careless than careful when it comes to protecting
kids," he said.
VICTIMS FUND
Porter-Gaud School has set up a $50,000 counseling fund for
victims of Eddie Fischer through the National Crime Victims
Research and Treatment Center at MUSC. For more information,
call 792-2945. Your identity will remain confidential.
Tony Bartelme can be reached at 937-5554 or bartelme@postandcourier.com
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