A Goodrich classroom incident that drew local and national attention may have reached its conclusion.
The family representing the 10-year-old student with Asperger’s Syndrome who became lodged in a desk chair while Oaktree Elementary fifth grade teacher Nicole McVey recorded the incident, voluntarily dismissed the pending litigation last month without prejudice to all of the defendants.
In a statement to The Citizen, Goodrich Superintendent Michelle Imbrunone confirmed the news.
‘The Goodrich Area Schools recently learned that a lawsuit filed by parents of a student accidentally stuck in a chair last year has been voluntarily withdrawn,? said Imbrunone. ‘There was no payment by the district, and the parents have reserved the right to refile.?
‘As a district, we have rededicated ourselves to assuring that all staff is properly trained to eliminate a recurrence of this kind of situation,? she added. ‘The teacher involved remains on unpaid leave. I would like to extend deep appreciation to our remaining staff members for their daily commitment to meeting the needs of all of our students.?
‘We are focused on providing top quality programming and a safe, nurturing and respectful school environment for all students entrusted to our care. Out of respect for the parents, student and staff, the district will have no further comment about this matter.?
Patrick Greenfelder, attorney for the plaintiff, did not return several phone calls to The Citizen as of presstime on Thursday.
At issue was the fallout from the 53-second video recorded on a cell phone by McVey, who was removed from the classroom following the incident, which oc-curred Nov. 22, 2013. During the December school board meeting, the board voted 5-1 to dismiss McVey and in closed session OK’d tenure charges. At the same meeting, Oaktree Principal Michael Ellis, who was aware of the video, resigned from the district. The board accepted his resignation by a 6-0 vote.
McVey appealed the charges.
Details regarding the classroom incident, including audio, were released to the media in February when an attorney for the parents of the youth provided the video of the student lodged in a hole between the seat and back rest of a classroom chair. That video was aired on a Flint television station along with the national media and drew a host of public debate regarding the incident.
The voice of McVey is recorded on the video saying to the student in the chair: ‘How did you get into the situation? Do you want to get Tasered??
Many parents demonstrated support for McVey, who served in the district 14 years without error or discipline.
On May 8 during a special school board meeting, the board voted 6-0 to accept an agreement between teacher Nicole McVey and the district. Terms of the settlement include a one-year suspension without pay or benefits, along with remedial training for McVey focusing on classroom relationships and handling of student information as well as a written apology. McVey will be reinstated for the 2015-2016 school year without loss of seniority.
According to the agreement, McVey, school officials, the school board and union officials all accepted the punishment.
However, on June 2, Patrick Greenfelder, the attorney for the student’s family, said the settlement was not good enough and submitted a lawsuit to Genesee County 7th Circuit Court. Judge Archie Hayman was to hear the case.
On May 7, the night before the school board vote on the McVey agreement, Greenfelder, the parents, and district officials gathered to discuss the terms of the settlement.
Greenfelder told The Citizen, ‘We were blindsided by the decision ‘we were never consulted about the settlement. They (the boy’s parents) were shocked with the decision. They did not want to go forward with a lawsuit, but there’s really no recourse.?
According to terms of the lawsuit obtained by The Citizen, the claim had alleged grossly negligent infliction of emotional distress, intentional infliction of emotional distress, invasion of privacy, failure to aid or protect and negligent hiring and supervision. The incident caused the boy to suffer broken blood vessels in his eyes, crying spells, fear of school, nightmares and loss of appetite, the lawsuit says.
The lawsuit had named as defendants McVey, then-Principal Michael Ellis, the school district and Terri Oliver, a paraprofessional assigned to assist the child. It sought more than $25,000 in damages.
Greenfelder was uncertain what changed to make them drop the (tenure) hearing.
‘It was, ‘like it or not, here’s an apology from the teacher.? And that’s it.?
School officials and the board of education had been pursuing charges with the Michigan Tenure Commission based upon the videotaped incident; however, those charges were dropped according to the agreement supported by McVey, the school board, district administration and union officials.
The boy continues to attend classes at Goodrich schools.
District officials declined comment as to why the plaintiff’s lawsuit was dropped.