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Park Tudor gets prosecution deferral after Cox case

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Park Tudor School will not face further penalties arising from its handling of an investigation of former basketball coach Kyle Cox, who was convicted and sentenced to 14 years in prison for trying to entice a 15-year-old student to have sex with him.

The Indianapolis school entered a deferred prosecution agreement announced Tuesday by Josh Minkler, U.S. Attorney for the Southern District of Indiana. The agreement defers for two years the possibility of prosecution of the school for misprision of a felony, as long as certain conditions are met.

Park Tudor in the agreement acknowledges it delayed reporting an allegation of child abuse as required by law after the student’s parents provided the school’s outside counsel with illicit images and pornographic cellphone videos of their daughter that Cox had persuaded her to send. When the Department of Child Services was later informed by a Park Tudor staff member of allegations concerning Cox, the staff member said there was no knowledge of any pictures exchanged between Cox and the student. The agreement says that former Head of School Matthew Miller, who had been made aware of the images and videos, was in the room but didn’t correct the statement. Miller committed suicide a few weeks after the report was made.

The agreement says Miller “made false and misleading statements” to a police detective regarding his knowledge of the evidence, and that there’s no known evidence that any other Park Tudor employee had knowledge of it.

After Miller’s death and Cox’s arrest, the agreement says, Park Tudor took “positive and assertive steps to remedy” the situation, including hiring retired 7th Circuit Court of Appeals Judge John Tinder to serve as an independent compliance monitor. The school also has trained staff in child-abuse prevention programs and revised policies and procedures.

The agreement requires the school to cooperate fully with the U.S. Attorney’s office, disclose all non-privileged information the USAO requests, and make staff available for interviews, discussions and testimony. Park Tudor’s independent monitor will report periodically to the USAO on the school’s progress in reporting suspected abuse, improving policies and procedures for reporting abuse, training, and development of policies and procedures “regarding teacher-student contact that are designed to reduce the likelihood of the formation of illegal and inappropriate relationships between Park Tudor personnel and students.”

The agreement was signed by Minkler and Tom W. Grein, chairman of the Park Tudor board of directors.
 

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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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