Fornits
Treatment Abuse, Behavior Modification, Thought Reform => The Ridge Creek School / Hidden Lake Academy => Topic started by: Deborah on December 22, 2006, 03:42:22 PM
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Hearing to discuss the Class Certification and to hear all pending motions.
Wednesday 31 January
10:00 am
Gainesville, Ga
Courtroom #300
Judge O'Kelley
Open to the public
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Preliminary Hearing to discuss the Class Certification and to hear all pending motions.
Wednesday 31 January
10:00 am
Gainesville, Ga
Courtroom #300
Judge O'Kelley
Open to the public
Nice. Who all is going?
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The question should be, how many does the courtroom seat?
Promises to be a very distinguished crowd.
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I am so there...
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...
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can one of you who's going do a little reporting...let us know what happened? i'd go but i'm up all the way in new york, a little far. see if theres video cameras or tape recorders allowed inside...cuz a recording of some sort will kick ass.
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gainesville isnt too far from me, i might decide to go,
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Here's the actual address for the hearing:
Federal Building
121 Spring Street, S.E. Courtroom 300
Gainesville, GA
January 31, 2007 - 10 a.m.
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Cool
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damn! hopefully justice will be served
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Well now! Happy birthday to me!
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bump.
Holding my breath.
Yo, say HLA lost...how would we make a claim?
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The case isn't for students, Mark. I talked to Larry multiple times about this. Its for the parents who paid money for their students to attend the school while being lied to about its credentials. Larry said if any of the students wanted to pursue a personal injury lawsuit, then they needed to do so before the statute of limitations expired, (which in GA is 2 years after your 18th birthday, so basically your 20th birthday.) If this period has already passed, then your SOL. Your parents, however, can get involved by contacting Larry.
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bump.
Holding my breath.
Yo, say HLA lost...how would we make a claim?
You should contact the attorneys handling the case ASAP to see if you fit into the class. Don't wait until the case has been adjudicated to try to get on board. You should move now and see what your options are.
I don't think there will be much "left over" when this case is decided...
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I was just reading some of the documentation from the lawsuit. I gotta tell you, folks, that from what I have read, HLA's defense to the class certification is very, very limp.
Basically, B&M shot so many holes through their filing it looked like Bonnie and Clyde after their run in with FBI agents toting Browning Automatic Rifles.
Some of the arguments put forth by HLA's legal team against class certification were cited by B&M to be reasons for class certification and they named quite a few cases to support that notion. This clearly is a case of specialty attorneys vs local hacks.
It's a classic heavyweight vs flyweight bout. HLA can bob and weave, but they know when they get hit it's going to be a one-punch knockout. They are in way over their heads, IMHO.
I guess we'll find out tomorrow or shortly thereafter. I'll say it's 10 to 1 that the class gets certified.
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Anybody going to this thing?
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Anybody going to this thing?
I heard this morning that it's going to be "standing room only" with a "big turnout."
I'll try to get and post any updates as the day progresses.
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Anyone have any info on today's hearing?
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Lies and more lies. They never stop. How does Bucci live with himself?
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Judge is deliberating. No decision was made.
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http://www.hiddenlakeacademy.com/FrequentQuestions.aspx (http://www.hiddenlakeacademy.com/FrequentQuestions.aspx)
F R E Q U E N T Q U E S T I O N S
Has HLA?s focus altered due to the fact a petition for a law suite has been filed against HLA?
As some of you may be aware, a petition for a lawsuit has been filed against Hidden Lake Academy. We have filed and wanted to share some of our response. Most importantly, however, we want to assure you that this in no way has detracted from our primary objective; HLA continues to function very strongly and our students remain our only focus.
(Note: In the original petition for a suit the attorneys for the Plaintiffs identified Clarke Poole as Director of Admissions. HLA attorneys responded giving Mr. Poole the same title, however, it should be noted that Mr. Poole was never Director of Admissions for HLA. He was an Admissions Coordinator.)
Case 2:06-cv-00146-WCO Document 18 Filed 11/08/2006 Page 1 of 40
IN THE UNITED STATE COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
______________________________________________
J.O.R. and R.R. and D.M. and R.B., :
individually and on behalf of others :
similarly situated, :
:
Plaintiffs, : Civil Action File No.
: 2:06-CV-0146-WCO
:
: Answer and Counterclaim
HIDDEN LAKE ACADEMY :
INC., HLA, INC., :
HIDDEN LAKE FOUNDATION :
INC., and DR. LEONARD :
BUCCELLATO, :
:
Defendants. :
_____________________________________________
HLA, INC?S ANSWER, DEFENSES AND COUNTERCLAIM
TO PLAINTIFFS? CLASS ACTION COMPLAINT
Defendant HLA, Inc. (?HLA?) by and through undersigned counsel, submits its Answers, Defenses, and Counterclaim to the Class Action Complaint (the ?Complaint?) filed by Plaintiffs, J.O.R. and R.R. and D.M. and R. B. (collectively, ?Plaintiffs?)
INTRODUCTION
HLA makes this Introduction to address certain allegations in Plaintiffs? Complaint. Based on HLA?s initial investigation in the Complaint, which investigation continues, it is HLA?s position that Plaintiffs? Complaint is completely without merit. Plaintiff?s Complaint should be dismissed in its entirety and the request for class certification should be denied.
HLA is a therapeutic boarding school located in Dahlonega, Georgia, which focuses on children aged 12-18 who exhibit oppositional-defiant behavior and addictive, compulsive, and other self-destructive behaviors. HLA provides a caring and supporting environment through a comprehensive program of 17-21 months that blends therapy, counseling, and education.
HLA vigorously denies that it has committed any of the misconduct alleged in the Complaint. All of Plaintiffs? most inflammatory allegations are groundless:
· HLA has never, to its knowledge, enrolled ?violent? or ?severely disturbed? students (¶ 5).
· HLA fully discloses to current and prospective students and their parents its policy of searching students to ensure campus safety (¶ 5).
· It is standard practice in the education industry for schools to pay the traveling expenses of educational consultants and, on occasion, their family members, and there is nothing ?ethically questionable? about such practices (¶¶ 10,54).
· HLA discloses to students and their parents in the enrollment process that it monitors students? communications with others to ensure that students are honest and respectful in their communications (¶ 31).
· Plaintiffs allege that the ?overwhelming majority? of the teachers on HLA?s staff have not been state-certified, but the fact is HLA?s teachers have fully complied with the requirements established by the Southern Association of Colleges and Schools and the Georgia Accrediting Commission (¶¶ 4, 39).
· Plaintiffs? allegations that Dr. Buccellato has referred numerous students to HLA because of ?personal economic incentives? (¶ 48) are false; in fact, Dr. Buccellato has referred only six students to HLA since January 2000.
· Many of Plaintiffs? most inflammatory allegations derive from an email from HLA?s former admissions director, Clarke Poole, who opines on what he beieves is the impropriety of the admissions of certain students (¶ 48). Mr. Poole, however, has no qualifications to render any medical or psychological judgments on the students HLA has admitted and provides no basis for his unsupported belief that one unidentified student was another ?Hannibal Lecter.?
· Plaintiffs allege several suicide attempts in recent months and acts of violence by students on other students (¶¶ 49-50). Those allegations are false.
· Contrary to Plaintiffs allegations, HLA does not represent Clay Erickson as a ?properly licensed physician? (¶ 59). Mr. Erickson has neither practiced medicine since he came to HLA nor advised parents or students that he is a properly licensed physician.
· Hidden Lake has never paid Dr. Buccellato?s personal taxes (¶ 76), nor does Dr. Buccellato bill an ?overwhelming majority. . . . of his personal expenses? to HLA (¶¶ 78, 79).
In summary, HLA will ask the Court to dismiss Plantiffs Complaint in its entirety and to dismiss the allegations that the case can proceed as a class action. HLA?s responses to the specific number paragraphs of the Complaint are set forth below, along with its defenses to the Complaint.
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I was there and Buch was there and the parents that have made this suit happen were there and everyone talks about showing up and no one does?
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Mr. Poole, however, has no qualifications to render any medical or psychological judgments on the students HLA has admitted
Well if he wasn't qualified to judge the fitness-for-HLA (as if ANYONE deserves HLA!) of incoming students, what the hell was his purpose there?
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I guess HLA is admitting that they had another unqualified staff member in the front office. :roll:
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[i personally know that these below are absolutely and unequivalently (SP) TRUE!!!
· HLA has never, to its knowledge, enrolled ?violent? or ?severely disturbed? students (¶ 5). LIE...i know that at least 2 of them were buch enrollments...both dismissed
· Plaintiffs? allegations that Dr. Buccellato has referred numerous students to HLA because of ?personal economic incentives? (¶ 48) are false; in fact, Dr. Buccellato has referred only six students to HLA since January 2000. LIE...only 6 have not been either dismissed or pulled since then...referred has been AT LEAST 12-15
· Many of Plaintiffs? most inflammatory allegations derive from an email from HLA?s former admissions director, Clarke Poole, who opines on what he beieves is the impropriety of the admissions of certain students (¶ 48). Mr. Poole, however, has no qualifications to render any medical or psychological judgments on the students HLA has admitted and provides no basis for his unsupported belief that one unidentified student was another ?Hannibal Lecter.? LIE...stated right on his psych eval (which i have read) those exact words..."hannibal lecter" after describing how he would like to kill a baby, boil him, and eat him...buch referral, one that i counted in the violent ones...dismissed, actually pulled after threat of dismissal...
· Plaintiffs allege several suicide attempts in recent months and acts of violence by students on other students (¶¶ 49-50). Those allegations are false. LIE...while not counting the "cutters" as suicide, cause they really aren't, in the time for the suit, there have been (that i personally know of) were 3 or 4 attempts and violence, well lets just as the kids that got hazed or smacked down for narc'ing...there has been plenty of violence...but since the cameras were not working for so long there is no proof except the bruises, etc of the kids·
Contrary to Plaintiffs allegations, HLA does not represent Clay Erickson as a ?properly licensed physician? (¶ 59). Mr. Erickson has neither practiced medicine since he came to HLA nor advised parents or students that he is a properly licensed physician.
***Clay always said that this would get them in trouble!! every time they asked him to evaluate a situation (medical) he would try to get someone else to do it or refer to er, etc cause he knew what kind of possition that put him and the school in...but buch kept on doing it!!
· Hidden Lake has never paid Dr. Buccellato?s personal taxes (¶ 76), nor does Dr. Buccellato bill an ?overwhelming majority. . . . of his personal expenses? to HLA (¶¶ 78, 79).
i would say that perhaps bill gray paid more of his own personal expenses for quite a while, but buch has used plenty of school money for his own use...under the guise that "he put a certain amount in for the start up of the school and that it was just repayment on loans made to the school by him"...yeah...i think he probably surpassed that repayment status about 8 years ago?????
amazing!!!
so who actually was there...was bill gray? i am sure it was quite tense in there...and of course holloway was probably up buch's arse as usual...hope he at least gets a reach around for as much as he gets it!!!
[/b]
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"Mr. Erickson has neither practiced medicine since he came to HLA nor advised parents or students that he is a properly licensed physician.
This one is my personal favorite. When we first dropped our child off at HLA we were introduced to DR. Erickson. He handed us a business card that read "Clay Erickson, M.D." I just hope I still have it.
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So what happened?
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I can?t see where HLA directly addressed any of the concerns stated in the complaint. Are they attempting to change the nature of the complaints with their wording/semantics?
? HLA has never, to its knowledge, enrolled ?violent? or ?severely disturbed? students (¶ 5).
The complaint reads? [HLA claims/advertises that] its "students are not court ordered and do not include violent or severely disturbed children." Further, during the Class Period HLA has also enrolled a number of "court-ordered," "violent" or "severely disturbed" students . The enrollment of these children has led, among other things, to several incidents during the Class Period in which students have been violently assaulted by other students. ~~
Judging by the comment above, there were seriously distressed kids "knowingly" admitted.
? HLA fully discloses to current and prospective students and their parents its policy of searching students to ensure campus safety (¶ 5).
?the school has made it a standard practice during the Class Period to strip-search students purportedly as a safety measure, another fact not disclosed sufficiently by HLA to parents prior to the enrolling of their children.
Come now, how many parents were informed that their child would be strip searched? I wasn't.
? It is standard practice in the education industry for schools to pay the traveling expenses of educational consultants and, on occasion, their family members, and there is nothing ?ethically questionable? about such practices (¶¶ 10,54).
Buccellato pays the traveling expenses of many consultants and even the consultant's family members who happen to visit the Atlanta metropolitan region for personal reasons. In such situations, Buccellato arranges for the consultants to quickly meet him, with Hidden Lake picking up the consultant's traveling and incidental expenses. Each year, Buccellato also gives expensive Christmas gifts, some totaling over $1,000, to consultants as way of ensuring their fealty.
Does HLA still reminburse parents $250 for using an EdCon and discretely suggest that they pass it on to the EC?
? HLA discloses to students and their parents in the enrollment process that it monitors students? communications with others to ensure that students are honest and respectful in their communications (¶ 31).
The issue?. Hidden Lake claims that it must monitor such communications to ensure that students do not attempt to "manipulate" parents and to ensure the "confidentiality of counseling sessions." Not surprisingly, this monitoring also ensures that it is very difficult for students to say anything negative about HLA while they are enrolled there, let alone disclose timely to parents the adverse facts concerning the day-to-day reality of their actual HLA experience. Indeed, this monitoring as a practical matter extends even to students' offcampus visits with family, as HLA dissuades its students from disclosing their experiences with threats of restrictions on students' return to campus.~~
Perhaps this policy needs to change. Denying contact with parents should not be used as punishment. That is unethical and abusive.
? Plaintiffs allege that the ?overwhelming majority? of the teachers on HLA?s staff have not been state-certified, but the fact is HLA?s teachers have fully complied with the requirements established by the Southern Association of Colleges and Schools and the Georgia Accrediting Commission (¶¶ 4, 39).
The plaintiffs apparently are not interested in SACS and GAC requirements (not what they were sold), but instead, HLAs claims that all teachers are certified??..Families were told via HLA's parent Handbook, website, and other marketing and promotional materials, among other things : that "academic classes are led by state certified teachers who are supported in their work by a certified learning disability specialist"; that "all counseling staff are full time and are clinically trained, holding a master's degree or higher" ; that HLA employs "a full-time nurse on staff seven days a week"; that "prescription medications are distributed by a nurse or another trained staff member four times per day".
In fact, throughout the Class Period a large number and, at certain times, an overwhelming majority, of HLA's teachers have not been certified, while a sizeable number of the counseling staff lack bachelor's or master's degrees in areas related to social work, counseling, or psychology, and have not been clinically trained in counseling or social work . HLA has also during the Class Period only rarely employed a licensed learning disability
specialist, and within the past several months or longer has not even employed a registered or properly licensed nurse .
Indeed, over the past five years the number of certified teachers on Hidden Lake's staff have fluctuated at times between zero and three each year.
42. Significantly, moreover, Hidden Lake attempts to address these deficiencies by gaming the Georgia state certification system by having uncertified teachers apply for provisional licenses . Although these applications are usually turned down ultimately by Georgia officials within six months or so, HLA during that time portrays to families that these teachers are certified in accordance with Georgia state law. Further, some of these uncertified teachers who apply for the provisional licenses have no intention of actually following-up on the certification process, but apply only so that Hidden Lake can claim, however misleadingly, that its classes are taught by "certified teachers." In other instances, uncertified teachers do not even bother going through with the charade of applying for provisional licenses.
? Plaintiffs? allegations that Dr. Buccellato has referred numerous students to HLA because of ?personal economic incentives? (¶ 48) are false; in fact, Dr. Buccellato has referred only six students to HLA since January 2000.
Even if 6 is an accurate number, $750,000 isn't significant? How many total over the years?
? Many of Plaintiffs? most inflammatory allegations derive from an email from HLA?s former admissions director, Clarke Poole, who opines on what he beieves is the impropriety of the admissions of certain students (¶ 48). Mr. Poole, however, has no qualifications to render any medical or psychological judgments on the students HLA has admitted and provides no basis for his unsupported belief that one unidentified student was another ?Hannibal Lecter.?
...an internal HLA email sent in February 2006 by Clarke Poole, HLA's former Director of Admissions during the period January 2000 through March 2006, to HLA's current Director of Admissions (and Public Relations), Nicole Fuglslang, detailed the exploits of three of these students, including one female student who sexually assaulted another
female student, and two male students -- who both reportedly were referred to the school by defendant Buccellato himself despite the clear risks these children posed -- who brutally attacked other students.~~
Does it really take a PhD to evaluate that there's a little more going on with these type kids than ODD and low self-esteem? Or to compare them with the admittance criteria?
? Plaintiffs allege several suicide attempts in recent months and acts of violence by students on other students (¶¶ 49-50). Those allegations are false.
The complaint states that within the past year there were 5 attempted suicides. False? No ?knife stabbing?? No ?vicious gang-like beating?? No ?investigation by Lumpkin Co Sheriff?s Dept?? No calls to 911?
? Contrary to Plaintiffs allegations, HLA does not represent Clay Erickson as a ?properly licensed physician? (¶ 59). Mr. Erickson has neither practiced medicine since he came to HLA nor advised parents or students that he is a properly licensed physician.
Oh course not, they just listed his Medical degree in his bio, after his license had been revoked for stealing drugs for his personal use. Deceptive? He?s still not qualified to hold his position as Addictions Counselor. http://www.fornits.com/wwf/viewtopic.ph ... son#219071 (http://www.fornits.com/wwf/viewtopic.php?p=219071&highlight=erickson#219071)
How many can testify to the fact that Erickson did perform medical duties? Could he sware under oath that he didn't?
? Hidden Lake has never paid Dr. Buccellato?s personal taxes (¶ 76), nor does Dr. Buccellato bill an ?overwhelming majority. . . . of his personal expenses? to HLA (¶¶ 78, 79).
Buccellato uses HLA, Inc. as his personal bank and employment agency by, among other things : billing to it significant amounts of his personal expenses, including extravagant dinners, gifts to friends and family, and lavish vacations totaling thousands of dollars; using school maintenance staff to maintain and repair personal rental properties ; having the school
pay his personal taxes and service his loan payments ; arranging for present or former school therapists, such as Dr. Steven Taylor and Dr . Brad Carpenter, to work up to four days per week in his private psychology practice ; enlisting school employees to work part-time at St . Francis Day School, a school that Buccellato also helps operate ; and getting the school's food service provider to privately cater personal affairs, which he then bills to the school . Buccellato also arranges for HLA to pay hundreds of thousands of dollars each year to Ridge Creek, Inc . ("Ridge Creek"), a for-profit corporation he founded in 2001 which is located adjacent to HLA, and whose property is mostly owned by Hidden Lake Academy, Inc . and HLA, Inc.~~
The complaint also states that HLA paid Buccellato?s personal taxes. Not true?
Why didn?t HLA address this?
32. Despite claiming to be a "therapeutic boarding school" with a
comprehensive treatment program, Hidden Lake is not regulated as a mental health facility or a therapeutic residential child care program by the Georgia Department of Human Resources ("DHR") . Indeed, Hidden Lake has fought bitterly attempts by DHR to classify it as a mental health facility or a therapeutic residential child care program, to avoid being subject to appropriate state regulations . If Hidden Lake were classified as a mental health facility or a therapeutic residential child care program, it
would face strict policing from DHR and receive far greater scrutiny from state regulators than it does now . For instance, DHR would closely monitor, among other things, that HLA's teachers and therapeutic staff are properly credentialed.~~
Not something SACS or GAC is capable to doing.
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So what happened?
hanzo,
This hearing was to determine if the complaint qualified as a Class. The judge heard arguments from both sides and apparently needed time to consider the evidence before making a decision.
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Court papers submitted show 911 calls for suicide attempts. Both attempted hangings. One was in March 2006. That child died a few months ago.
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the child that died a couple of months ago (PK) i THINK, and i could be wrong, that he cut his wrists in the boys bathroom in the gym...i remember a second hanging attempt, but i thought that was another girl...but again, i could be wrong...
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Yes, that was the girl that turned blue and they had to fly the medivac in to save her. It's all in the 911 calls. I guess the 911 operators lied and made up these calls?
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I think everyone needs to just relax a little bit here.
Yes, there were many, many prevarications put forth in court by the HLA legal team (too many to list right here right now) to try to have the case dismissed. The good news is that the judge refused to dismiss the case and will be weighing the evidence to form an opinion.
The evidence happens to be overwhelming with copious supporting documentation (6 separate versions of the parent manual, 911 call records, affadavits from witnesses, etc., etc., etc.) that will show the information put forth by HLA's attorneys is absolutely false. The judge will see this and act accordingly.
Also, please remember that this is a process, not an event. The judge will rule on certifying the class and then things will start to happen. If the judge rules in favor of certifying the class the case will go to trial or be settled. If the judge rules against the class certification, there will be an appeal. When appeals are exhausted, if the class is not certified, the class will be dissolved and the plaintiffs will proceed individually with cases against HLA.
Just based on the weight of all of the evidence I personally have seen, I have great faith that the class will be certified and the case will move forward. I just cannot see how any impartial reader could possibly conclude that HLA has committed no wrongdoing - it wouldn't pass the smell test.
As soon as I get more information I will pass it along. In the meantime, sit tight and keep digging for evidence (as much as has been gathered, there is still a lot of it out there) and getting it to the attorneys.
Any questions, PM me.
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Actually I have one question to leave out in the open- at the rate that HLA is bleeding money, will ANYTHING be left over for the plaintiffs by the time the court system finally finishes with this lawsuit?
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the child that died a couple of months ago (PK) i THINK, and i could be wrong, that he cut his wrists in the boys bathroom in the gym...i remember a second hanging attempt, but i thought that was another girl...but again, i could be wrong...
Boys bathroom in the academic building, he hung himself with a belt. He didn't die then, but he is dead now. OD-ed on Cough Syrup. Good job Bucci, another poor inmate dead!
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we are talking about the same person though, right...pk...
the od...is that what they found out cause i hadn't heard what the ruleing was...
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I heard that from a friend, you might know her. KW
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Actually I have one question to leave out in the open- at the rate that HLA is bleeding money, will ANYTHING be left over for the plaintiffs by the time the court system finally finishes with this lawsuit?
Well, Milk, you're correct. HLA is hemorrhaging financially.
In fact, in court HLA's attorneys revealed that HLA is on the brink of financial ruin. This statement is exactly the opposite of what they have posted on their website, i.e. HLA is fine and going about its business as usual.
We all know that the former is the truth, but for argument's sake, let's assume that readers not familiar with HLA wouldn't know which is true. However, the one thing any reader can see straight away is that one of those statements is necessarily a lie.
So, HLA parents and prospective HLA parents, which do you prefer to believe; that HLA is lying to its customers (you) or lying to the judge? Pick one.
Either way, it illustrates the moral terpitude of the principals at HLA.
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Insurance pays claims.
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Deborah- they might have some trouble with their insurance coverage if there is a finding of fraud or willful misconduct. Sometimes there are exclusions for those kinds of things in the policies. They might lose coverage, which could mean no $$$ for the plaintiffs even if they prevail.
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Is this still going on?
From a staff member:
"The attrition rate of counselors and students was so bad that Len instituted a bonus system based on how many students you retained in your PG. If you had a 100% retention rate you would get a bonus of 25% of your salary. (If) it went down to 50% retention that equaled something like at 7% bonus... Obviously this is a big ethical problem."
So, counselors were given financial incentives to keep their kids enrolled by any means necessary.
I have a strong suspicion that this is going to be a very big deal in the lawsuit.
Using a conflict of interest to increase the bottom line. What in hell were these people thinking? This is going to bite you, big time. This is such a clear violation of ethics and patient rights that I'm having a difficult time putting it into words.
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AFAIK it is, yes.
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Any word on when the judge is going to make a ruling?
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Not yet. I assume it won't be long. The case law is not very complicated, so I think most of the deliberation will be about the supporting documents/evidence submitted.
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Any word on when the judge is going to make a ruling?
Hopefully this week. The Judge seemed to pride himself on being a one-man lobby for private enterprise though, stating " I haven't certified a class since 1974. They call me the chicken judge!" :roll:
One more reason to avoid lifetime appointments of these people...
I did hear that HLA (Len) filed papers with the court Friday stating that if the class were to be certified, the facility would close on March 1.
So, for all you employees, your job is riding on a coin flip, even though he keeps telling you it's "business as usual."
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Quotes taken directly from a court filing on February 2:
"I am more than eighteen (18) years of age, under no legal disability, and I make this affidavit based upon my personal knowledge.
"As mentioned in more detail in my declaration of December 6, 2006, Hidden Lake Academy ("HLA") has suffered a sharp decrease in enrollment, primarily due to the decrease in referrals from educational consultants.
"My understanding of this decrease in referrals is that the educational consultants fear legal action against them, which fear arises from the allegations in plaintiffs' complaint implicating educational consultants.
"As set forth in more detail in my declaration of December 6, 2006, HLA has suffered significant loss of revenue due to decreased enrollment. Enrollment has dropped from over 150 students in September to 102 as of this date. Since September 1, 2006, 42 of the 120 employees of HLA have been terminated due to decreased revenues.
"Despite reductions in the number of staff and reductions in the salaries of those who remained employed by HLA, HLA's revenue is insufficient to cover its expenses (mortgage, payroll, utilities, etc.) each month.
"Due to the dire financial situation faced by HLA, further reductions in the number of staff employed by HLA or closure of the school is imminent.
"It is important to note that this situation affects not only the employees of the school, but also the 102 students currently enrolled at HLA who have completed approximately two-thirds of their academic year. Further staff reductions will result in a decreased quality of service to those students.
"Even more troublesome is the imminent threat of closure of HLA, which I reasonably believe will have devastating effects on the currently enrolled students, whose mental health will be jeopardized by such instability.
"HLA cannot afford a continued delay in the prosecution of this litigation and will not likely survive the two months that plaintiffs' counsel has requested to conduct discovery prior to a decision on class certification."
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I forgot to mention that the court filing was Dr. Buccellato's affidavit in response to the plaintiffs' request for two months to conduct discovery regarding the class certification.
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Even more troublesome is the imminent threat of closure of HLA, which I reasonably believe will have devastating effects on the currently enrolled students, whose mental health will be jeopardized by such instability.
You've got to be kidding me?! All of sudden he cares about a kid's mental health????
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So... sounds like he's admitting that HLA is a 'therapeutic' facility? I guess one could argue that it would be mentally distressing if a kid's beloved private school closed... but how far is that from the reality at dear ol HLA.
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Quotes taken directly from a court filing on
"Further staff reductions will result in a decreased quality of service to those students."
2 questions:
What service, what quality? There has to be something for it to decrease. Nothing can't be less than nothing!
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Quotes taken directly from a court filing on February 2 (court filing was Dr. Buccellato's affidavit in response to the plaintiffs' request for two months to conduct discovery regarding the class certification):
"I am more than eighteen (18) years of age, under no legal disability, and I make this affidavit based upon my personal knowledge.
"As mentioned in more detail in my declaration of December 6, 2006, Hidden Lake Academy ("HLA") has suffered a sharp decrease in enrollment, primarily due to the decrease in referrals from educational consultants.
"My understanding of this decrease in referrals is that the educational consultants fear legal action against them, which fear arises from the allegations in plaintiffs' complaint implicating educational consultants.
"As set forth in more detail in my declaration of December 6, 2006, HLA has suffered significant loss of revenue due to decreased enrollment. Enrollment has dropped from over 150 students in September to 102 as of this date. Since September 1, 2006, 42 of the 120 employees of HLA have been terminated due to decreased revenues.
"Despite reductions in the number of staff and reductions in the salaries of those who remained employed by HLA, HLA's revenue is insufficient to cover its expenses (mortgage, payroll, utilities, etc.) each month.
"Due to the dire financial situation faced by HLA, further reductions in the number of staff employed by HLA or closure of the school is imminent.
"It is important to note that this situation affects not only the employees of the school, but also the 102 students currently enrolled at HLA who have completed approximately two-thirds of their academic year. Further staff reductions will result in a decreased quality of service to those students.
"Even more troublesome is the imminent threat of closure of HLA, which I reasonably believe will have devastating effects on the currently enrolled students, whose mental health will be jeopardized by such instability.
"HLA cannot afford a continued delay in the prosecution of this litigation and will not likely survive the two months that plaintiffs' counsel has requested to conduct discovery prior to a decision on class certification."
Or maybe the Ed Cons finally wised up and realized they can (and should ) be held legally responsible for their referals.
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My understanding of this decrease in referrals is that the educational consultants fear legal action against them, which fear arises from the allegations in plaintiffs' complaint implicating educational consultants.
Which paragraph implicates Ed Cons? The only thing I'm remembering at the moment is the reference to Len paying their travel expenses. If it's true, as Len claims in his answer, that it's an ethical and acceptable practice, then what's to worry about.
I think it has more to do with the discomfort of referring a client to a program that's facing a federal lawsuit. There's a lot they don't disclose, but it would be too risky to refer a parent who might later stumble onto the information.
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Enrollment has dropped from over 150 students in September to 102 as of this date.
Yet he fails to mention the kids who graduated in December and how that has impacted the current number of kids enrolled.