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Middleboro DLC reports neglect, abuse at Chamberlain school Chamberlain fires back with press release, calling for DLC to be disavowed by state

Middleboro Gazette - 8/25/2016

MIDDLEBOROThe Chamberlain International School — a boarding school for students with special needs including those with emotional and/or behavioral issues located in Middleboro — was the subject of a report released by the Disability Law Center (DLC) of Massachusetts last week, alleging that school staff have been neglectful and abusive to students on numerous occasions.

According to a press release put out by the DLC — a private, non-profit organization federally mandated to “investigate incidents of alleged abuse and people with disabilities throughout the Commonwealth” — the investigation into Chamberlain took place over 15 months and consisted of interviews with current and former students, parents and school staff, “and a thorough review of 20 students’ records.”

In the 25-page report, the DLC sites that the organization had received two complaints in May 2015 — one from a parent, and one “videotaped complaint by the student, regarding the treatment of students at the Chamberlain International School….” The report cites a third complaint that came in shortly after from a former student “alleging additional concerns at the school.”

The report goes on to say that DLC had contacted the school shortly after to request a visit, and explained its legal authority to do so. The school did not comply with the request, the report states.

“There was a series of communications between DLC and CIS about whether CIS would allow DLC to visit the school to commence its investigation, but DLC’s efforts to obtain access to the campus, staff and students through direct negotiation were ultimately unsuccessful,” the report reads. “DLC filed a lawsuit in federal district court, seeking a preliminary injunction ordering the school to provide DLC access to conduct its investigation.”

“After the suit was filed,” the report continues, “the parties entered an initial agreement whereby CIS would allow DLC to begin its investigation with a visit to the campus on June 12, 2015. On that date, school staff gave DLC a tour of the campus of the school, but the parties could not reach agreement concerning DLC’s request to interview students enrolled in the school.”

After the June 12 visit, it was not until July 13 that the school allowed student interviews to take place, reportedly still reluctant thereafter to allow further interviews, which did end up taking place later that month. In total, 43 students and about a dozen staff members were interviewed.

The report states that the investigation revealed evidence supporting findings of neglectful treatment of potentially suicidal students, inadequate supervision leading to runaway risks, failure to properly administer medications, and that staff have been verbally and physically abusive to students.

Under the finding labeled “Serious Self-Injurious Behavior”, the report states, “DLC originally received complaints in May of 2015 that the Chamberlain School failed to provide students with medical attention after a suicide attempt. While DLC did not find evidence to validate this allegation, DLC did find evidence to support a finding of neglect on Chamberlain’s part to prevent and properly respond to student suicide attempts or other acts of serious self-injurious behavior,” the report reads, going on to site examples of seven students and incidents to support the finding.

“One student jumped out of a second story dorm bathroom window after asking staff to take a shower. This student had a history of previous suicide attempts and suicidal ideations, including one where the student received treatment after jumping off buildings into the snow. This student had also previously tried to jump off the second floor of a residence at Chamberlain, but was prevented by staff,” the report says of one student identified only as “Student 1”.

“Student 1” had reportedly been found to have a history of suicide attempts including multiple attempts that took place at the school, and wrote a suicide note which was discovered by school staff.

“Six days before the student jumped out of the window, the student told staff that he or she should just die. Five days before the incident, the student again told staff that he or she did not want to live anymore. DLC did not find any documentation that the student was placed on close watch after making these comments. Lastly, the hospital where the student was treated after the incident found the student needed care and an inpatient stay after being medically cleared. As a result, DLC finds it concerning that the student was not assessed as a suicide risk.”

Under the second finding cited in the report, “Inadequate supervision enabling students to run away,” the report cites five student/incident examples to support that finding, including students who had displayed a pattern of running away from the campus.

“When DLC discussed the issue of inadequate supervision which allowed students to run away from the CIS campus, the School responded that it was the unfortunate consequence of having an open campus. The school further suggested that they would be unable to physically restrain a student from leaving the campus, even if it might result in the student getting into harm’s way. While one can certainly appreciate the challenges presented by having an open campus in such a setting, where woods, fields and a river are nearby, the pattern of multiple escapes and runaways, particularly with respect to certain students who have exhibited such patterns repeatedly, imposes upon the school the obligation to take reasonable and effective protective measures,” the report says.

Under “Medication issues” the report cites eight students/incidents, including one student who was not given his or her anti-depressant medication for over two months, leading to a hospitalization and other cases including students receiving incorrect doses of medication and students given the wrong medication.

Under the finding labeled “Restraints” it is alleged that school staff have been found on numerous occasions to have used “inappropriate or excessive restraints…” citing 15 examples.

“School records indicate that staff used excessive force when one student was pushed back on the couch and subjected to a seated hold. The student reported that he or she was thrown on the couch, then taken off camera, punched in the leg, thrown against the wall and held there,” the report reads.

Finally, under the finding labeled “Inappropriate staff behavior”, 14 examples are cited.

“Staff reportedly told a student ‘when you’re older and in prison, you won’t be able to speak because you’ll have a (expletive deleted) in your mouth.’ When a parent reported this to an administrator, the administrator reported that the staff had snapped because the students had bullied him or her so much,” the report says.

“Staff told a student with a phobia of showers that they were disgusting for not showering,” reads another example cited.

In conclusion, DLC has called for the school to formulate a remedial plan to address the issues found, setting a deadline of Nov. 16, 2016 for submission of that plan by the school.

Despite all this, the report does note changes to staff positions and other steps taken by the school to move in the right direction like improving medication administration practices since the commencement of the investigation. In the press release from DLC, the school is commended on efforts that have been made, including those to “transition to becoming a restraint free campus” but it is maintained that work is not done.

“Since the initiation of a new program in January 2016, the number (of restraints) has dramatically decreased, with the school reporting that there had only been one restraint per month in most months in the first half of 2016,” the press release reads.

“While we commend the improvement that has occurred,” DLC’s Executive Director Christine Griffin is quoted, “there must be further change to address those areas where abuse and neglect were found. We are seeking a detailed remedial plan to ensure that these students are properly treated going forward.”

Shortly after the report went public, the Chamberlain school released its own press release with some harsh words for the DLC, calling their report “a flawed, self-serving and biased document at odds with the reasoned determinations of responsible state agencies.” One school administrator called for the DLC to be disavowed by the state.

“This report is largely devoid of specific time frames and relies in part on reports from unidentified individuals who, in many cases, have failed to report these incidents to responsible state officials,” said Chief Administrative Officer at Chamberlain Sarah Norfleet in the school’s press release. “The idea that our school is neglectful and abusive is in complete contrast to the experience of the vast majority of our students and parents.”

Chamberlain counsel Eric Macleish is quoted in the press release as saying, “It was striking that the DLC, while alleging abuse and neglect, chose to release its report to the media and not to any governmental organization in Massachusetts responsible for the care of children.” He continues, “This is yet another attempt by a P and A organization to attempt to justify its receipt of taxpayer dollars by finding systematic abuse where none exists.”

Regarding Chamberlain’s reluctance to allow DLC representatives to interview students, the press release says, “The DLC made it clear that it would not seek permission from the student’s parents or guardians to conduct these interviews. When Chamberlain objected, arguing that parents should approve the DLC visit and that the DLC attorneys lacked mental health credentials, the DLC filed suit against Chamberlain.”

“In the Federal Complaint, the DLC made sweeping and now discredited allegations that sources had told the DLC that Chamberlain students had been placed in solitary confinement at the School (seclusion), had medication overdoses where students had ended up in comas and had been denied medical care following suicide attempts. These allegations were completely false and the allegations of the two sources purportedly relied on by the DLC for these facts had made similar complaints to state agencies which had been rejected,” the press release continues.

“From the start, this investigation was result oriented and designed to discredit and defame the School and put it out of business,” said Norfleet. “It neglected the wishes of the parents and the students. It is now time for the state government to act and disavow the DLC as a source for responsible investigations.”

To read the complete DLC report and press release, visit www.dlc-ma.org.

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