Attorney files NHCS public records request in Michael Kelly settlement
NEW HANOVER COUNTY, NC (WWAY) — An attorney with the law firm that reached a settlement in the civil suit against the New Hanover County Board of Education has filed a public records request to determine whether the school district is adhering to the terms of the agreement.
The Joel Rhine Law Firm and Lea/Schultz Law Firm filed a lawsuit in 2019 regarding former teacher Michael Kelly, who sexually abused more than a dozen students. Kelly pleaded guilty in June of 2019.
According to the Settlement Agreement and Release of Claims, as well as paying $5.75 million to Kelly’s 14 victims, the New Hanover County school board was required to adhere to several commitments, such as expanded training for students, staff, and administrators on sexual abuse and recognizing and reporting such abuse, and a public report of its efforts to improve the school’s policies and practices with regarding to Title IX compliance and sexual abuse prevention.
Last week, Martin Ramey with the Joel Rhine Law Firm submitted a public records request for updates on ‘Non-Monetary Commitments’ following the settlement.
“It has now been seven months since the SARC was executed and another two months since we agreed to the settlement. In watching the Board in its subsequent meetings and news coverage, we are concerned that many of these non-monetary commitments have not been met, much less initiated. Please understand that these commitments were not discretionary for the Board’s consideration; they were promises the current Board made to resolve this case,” Ramey wrote in his request. “They obligated New Hanover County Schools to take action to address deficiencies in its policies, practices and training to help reduce and prevent employee sexual abuse of our students.”
One item required the school board to participate in a Centers for Disease Control-funded study being conducted by researchers at Virginia Commonwealth University and ChildUSA. Ramey said the grant would have provided some financial support to the District for its participation.
“However, the District is projecting $20 million shortfall projected in its next budget, and yet no one has even reached out to Dr. Shakeshaft, the study’s main investigator, to inquire as to participation in the study. This is unacceptable. It could be considered a breach of the SARC. In order to determine that and to provide a notice to you to cure, we need to be aware of your efforts to comply with this obligation as well as the other commitments in the SARC,” Ramey added.
Ramey has requested an update on the school board’s efforts to provide an internal report on its efforts to improve policies, procedures and Title IX compliance, information on all trainings and a list of board members who has participated in those trainings since July 27, 2023, as well as details on why the school board has not reached out to the investigators of the CDC-sponsored study.
Ramey has requested a response to this request within 30 days.
