PCM insurers settled 2013 bullying case out of court

Aug. 29--MONROE -- New information in a civil case filed last year against the Prairie City-Monroe School District and district Superintendent Jane Babcock shows district insurers agreed to a financial settlement with a former PCM family in exchange for dropping their complaint -- a case which claimed PCM officials refused to take action when the plaintiffs' 12-year-old son was allegedly bullied in a sexual manner by a fellow student.

Documents provided by the office of PCM's attorney Patrick Smith show the district's insurer agreed to a settlement in the amount of $100,000. In exchange for the financial settlement, the document dictates that the plaintiffs would agree to file a dismissal with prejudice and drop their demand for a jury trial. The motion was filed in Jasper County Civic Court in July.

The plaintiffs remained Jane/John Does and Son Doe in the civil suit but were named in the settlement document. The Newton Daily News is withholding the identities of the plantiffs to maintain privacy for the alleged minor victim.

In an interview Monday, Babcock said it was the district insurance company's decision to settle the case out of court and reiterated that the settlement is not an admission of guilt or liability.

"At no time did the district believe we had any liabilities in this case," Babcock said. "The insurance company decided to negotiate for the settlement published. There were no district funds involved in the settlement, and the district was not involved in the negotiations for the settlement. We believe we handled the alleged incident properly."

In their original civil complaint filed in June 2013, the plaintiffs claim the PCM School District and Babcock took no action to protect their son from bullying and harassment during incidents which allegedly occurred while he was a student at PCM Middle School.

The plaintiffs claimed their then 12-year-old, seventh grade son was sexually harassed by a ninth grade student during and after wrestling practice in the PCM High School locker room showers. The 12-year-old claimed the sexually-explicit bullying extended to Facebook, including direct messages and other correspondence.

The plaintiffs alleged their son complained to Babcock and school board member Mitchell Chipps repeatedly between December 2011 and January 2012. The court petition and jury demand filed June 12, 2013, stated Babcock allegedly told the 12-year-old's mother the incidents involving her son were not actionable and suggested she destroy the Facebook exchanges. The plaintiffs also claimed Chipps told Jane Doe the incidents were "not a big deal" and also suggested destroying the messages. The student's parents argued the unnamed former ninth grader's behavior violated PCM's anti-harassment/bullying policy. The plaintiff's son is no longer a student in the PCM school district.

In the settlement the plaintiffs agreed to release PCM, Babcock and the school board from future claims, demands and obligations regarding the alleged incident.

Contact Staff Writer Mike Mendenhall at mmendenhall@newtondailynews.com.

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