District will not seek appeal in harassment case

PINE PLAINS — The Pine Plains Central School District Board of Education met on Wednesday, Dec. 19, and immediately went into executive session.After the brief recess, Board President Brian Croghan read a formal statement addressing the $1 million lawsuit against the district in regards to the ongoing harassment, including racial remarks, of former student Anthony Zeno during his three and a half years in the district.The 2nd U.S. Circuit Court of Appeals upheld the award to Zeno on Dec. 3.“While we are very disappointed in the outcome, it is our determination not to seek a writ of certiorari for permissive review by the United States Supreme Court based on the legal advice of the attorneys representing the district and the insurance company,” he said. Croghan went on to address the issues involved in the case in broader terms.“The Circuit Court established a new legal standard in assessing the duty owed by a school district to the students who file harassment complaints that is very similar to that set forth in the recent Dignity for All Students Act that became effective July 2012. The insurance company council assigned to defend the case and the school districts legal council have reviewed the decision with the board. “Based upon that review the board believes that our new standards set by the court for addressing incidents of harassment in our schools can be met by our staff and administration with our support,” he said.Croghan outlined how the district has dealt with harassment in the past and will continue to address this issue in the future.“The district has provided multiple years of age appropriate character education, anti-harassment and anti-discrimination initiatives in our schools. The district has addressed past incidents of harassment with discipline, education and law enforcement involvement on a case-by-case basis and the harassment was effectively stopped with respect to each incident in that matter. We have never tolerated harassment in our schools, nor have we failed to address known incidents. “However, as per the court dictates, where more than one incident of harassment of a student occurs by different students over a significant period of time it is now clear that addressing each incident alone is not enough. Broader measures are required,” he said.Croghan then thanked the legal counsel involved in the case.“The district appreciates the professionalism of the insurance company, personnel and legal staff that represented this case and that the commitment to insure the damages assessed has been fulfilled,” he said.With the statement concluded the meeting then continued on without further comment on the issue.For more information and to read Superintendent Linda Kaumeyer’s reflections on the meeting go to www.pineplainsschools.org.