A deal that puts St. Paul’s School under government watch is the first of its kind for an educational institution in New Hampshire and could serve as a model for other states responding to histories of sexual abuse and abuse. misconduct at prestigious prep schools, legal experts say.
Attorney General Gordon MacDonald on Thursday announced the settlement agreement, which sets out the position of an independent monitor who will be responsible for ensuring St. Paul’s complies with state laws on mandatory reporting. The attorney general is dropping charges against Concord preparatory school for endangering children following a 14-month criminal investigation in favor of what he called “comprehensive reform”.
Lawyers for victims of sexual abuse and law enforcement officials who worked on the investigation said the settlement is the best possible outcome because it holds St. Paul’s accountable and could facilitate real cultural change, so that a misdemeanor conviction would likely have minimal lasting effect.
“This settlement is truly revolutionary,” said Boston-based lawyer Eric MacLeish, who has represented hundreds of victims of sexual assault, including several in St. Paul’s. “This is one of the few times that a prep school has come under government scrutiny. Such regulations are generally reserved for violations of civil rights committed in state institutions. “
A similar agreement without prosecution was signed in 2002 by then-Attorney General Phillip McLaughlin and Roman Catholic Bishop John B. McCormack following an investigation into allegations of sexual misconduct by priests and priests. of diocesan leaders for four decades. The state agreement with the dioceses of Manchester was aimed at “ensuring a system of accountability, oversight, transparency and training”. Similar wording appears in the recent St. Paul regulations drafted by MacDonald, who previously represented the dioceses in cases brought by victims of clergy sexual abuse.
MacLeish said Thursday that the agreement between the Attorney General and St. Paul’s would set a precedent for government regulation of private schools, which have historically operated without supervision, unlike public schools.
Concord attorney Chuck Douglas said the settlement agreement is a model that lawyers in other states could certainly look to in the future as an accountability and enforcement mechanism. Douglas, who has represented the parents of sexual assault survivor Chessy Prout in a federal civil lawsuit against St. Paul’s, said victims have been calling for surveillance in St. Paul’s for some time and that the deal is a a solid first step in responding to those calls. .
“The school cannot just say, ‘We have a new rector and things will be different.’ This is not enough given the constant rate of sexual abuse cases over the past 40 to 50 years, ”said Douglas.
Acting St. Paul’s rector Amy Richards, who began her one-year term on August 1, said in an interview following the settlement’s announcement that the school and the attorney general were very keen to see the school and the attorney general ‘A compliance monitor is in place as soon as possible. The school must submit the names of three possible candidates to the Attorney General’s office, which will have the final say and may reject St. Paul’s initial list of candidates.
The salary and related expenses of the compliance officer will be paid by the school; however, the person reports to the Attorney General. The position will be reviewed after three years and the supervisor will make a recommendation to the attorney general as to whether an additional year or two of supervision is needed, depending on the agreement.
Richards and St. Paul’s board chairman Archibald Cox Jr. sent a letter to members of the school community on Thursday informing them of the deal, which they say will be discussed further with the students. current.
Cox said in a campus interview Thursday afternoon that the school administration has a good relationship with the attorney general’s office and expects this to continue moving forward.
“We agree with the deal. We’re fine with having a settlement, ”Cox said.
Former student Alexis Johnson said he was struck by the school’s tone towards the settlement agreement.
“After decades of review and decades of ethical and legal violations leading up to the school’s review, it seems to me that agreeing to the deal is an understatement at best,” Johnson said. “Remember, as we must, that this agreement stems from a criminal investigation and has resulted in a stay of criminal proceedings pending the school’s fulfillment of its compliance obligations. not accomplished historically. As far as the school has avoided criminal prosecution, perhaps the school “agrees” with (the agreement), but as far as it concerns the health of the school, even today. hui, the school’s evaluation is worrying. “
MacDonald declined at Thursday’s press conference to discuss in detail the evidence investigators found to support the child endangering charges against the school. He noted that the office planned to release a report – which includes grand jury documents – subject to the approval of a superior court judge.
“The main purpose of the school was to protect its reputation, to protect itself rather than to protect the children in its care, and this is a summary of the evidence we saw during the investigation. “MacDonald said.
State prosecutors opened a criminal investigation into St. Paul’s handling of allegations of misconduct and sexual abuse in July 2017 in partnership with the Merrimack County District Attorney, New Hampshire State Police and the Concord Police Department.
MacDonald said Thursday the investigation would not have been possible without the victims who bravely shared their stories.
“This is an important day and an important agreement, but we would not be here without the courage of St. Paul’s alumni, witnesses and survivors; alumni who came forward and told us their stories honestly, even if it meant broken relationships and friendships, ”he said. “They did it because it was the right thing to do. Their courage and strength have inspired and motivated our work.
(Alyssa Dandrea can be reached at 369-3319, [email protected] or on Twitter @_ADandrea.)
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