WINSLOW — Winslow school officials have agreed to pay $15,000 to settle a case in which a 14-year-old student was strip-searched.
The payments were detailed in a settlement approved by a Superior Court justice on Sept. 22, and were made public Monday in response to a Freedom of Access request from the Morning Sentinel.
Under the agreement, the school system paid $8,500 in damages, to be put into a trust for the girl. It also agreed to pay $6,500 in attorney fees to the Maine Civil Liberties Union, which represented the girl and her mother.
The girl was forced on Dec. 15, 2006, to remove her clothes above the waist in the presence of two female staff members so they could see whether she was hiding drugs in her bra, according to the documents filed in Kennebec County Superior Court. No drugs were found, according to Winslow Police Chief Richard A. Grindall.
Assistant Principal Terry Atwood ordered the search, but he was not in the room while it was done, the documents state.
Atwood will not pay the $15,000 because he was acting in his official capacity at the time of the search. It was not clear from the documents whether the Winslow School District or School Union 52 is paying.
The Blethen Maine Newspapers are not naming the girl or her mother because of the student`s age at the time of the search and the fact that no drugs were found.
The incident came to light last week when the MCLU announced that it had persuaded the school system to clarify its policy to prohibit any strip-searching of students.
News that a strip search had occurred shocked students at the school and their parents.
As part of the agreement to settle the case, Atwood agreed to give the girl and her mother a written apology.
``I can understand why you and your mother sought legal assistance from the Maine Civil Liberties Union after this incident occurred,`` the apology reads. ``This incident has made me think about our approach to student searches, and I have decided to change our policy to make it clear that students will not be asked by school administrators to remove their clothing.``
The apology also includes a promise that the girl will never again be strip-searched at the school.
Atwood was not available for comment Monday afternoon.
According to court filings, he denies liability, ``claiming the search was reasonable under the circumstances, and, thus, constitutionally valid. Nevertheless, he has agreed to settle all claims made by or on behalf of (the student).``
Elaine B. Miller, superintendent of School Union 52, which includes the Winslow School District, said Monday that ``it`s very difficult to maintain a balance of protecting the safety of all students while maintaining the respect of the individual.``
The settlement document said the girl suffered ``mental anguish, emotional distress, anxiety, embarrassment, humiliation, worry, fear of school officials, violation of her body and violation of her civil rights.``
The student`s mother, as part of the settlement, agreed to waive any rights she had to take further legal action against the school over the incident.
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