Joint Settlement Agreement Information
August 2023
During the summer of 2020, a number of former students of New England Kurn Hattin Homes (“Kum Hattin”) raised allegations of abuse that occurred during their time as students at Kurn Hattin. These allegations arose shortly after Vermont eliminated the statute of limitations for claims of childhood sexual abuse in2019, and shortly before Vermont eliminated the statute of limitations for claims of childhood physical abuse in202l. The allegations included physical and sexual abuse perpetrated by former Kurn Hattin staff members and students. The period of the allegations covers the late 1950s to 2020. Some of the abuses were known to Kurn Hattin, including sexual abuse perpetrated in the 1980s by former staff member, Mark Davis. Davis was subsequently convicted of his crimes. It is Kurn Hattin’s position that many other allegations of abuse were not previously raised. In response to these serious allegations, Kurn Hattin engaged the law firm of McNeil Leddy & Sheahan PC (“Independent Investigators”) to conduct a confidential independent investigation (the “Independent Investigation”) into the allegations, in cooperation with the claimants. Over the course of approximately l8 months, the Independent Investigators reviewed thousands of pages of relevant documents and interviewed scores of claimants and additional witnesses, including current and former Kurn Hattin staff and former Kurn Hattin students.
The Independent Investigation concluded that some of the allegations of abuse were supported by evidence, and others were not. The Independent Investigation found that some former Kurn Hattin staff were abusive toward students at different points over the approximately 60 years that the investigation covered. The vast majority of this abuse occurred over 30 years ago, yet there were also claims from more recent years. Both Kurn Hattin and the claimants firmly believe that any abuse is too much and must not be tolerated. The claimants who suffered abuse or mistreatment are entitled to be heard, and Kum Hattin is grateful for their participation in this Process. The Independent Investigation concluded that many of the claimants raised credible claims and should be credited for their courage to come forward no matter how long after the abuse occurred. The Independent lnvestigation further concluded that, although mistakes have been made over Kurn Hattin’s 130 years of operation, Kurn Hattin has been successful in its mission to transform the lives of disadvantaged children. Following the Independent Investigation, Kurn Hattin reached a satisfactory settlement with over ninety percent of the former students who made allegations of abuse. Kurn Hattin has and will continue to use its best efforts to improve its policies, protocols, and training methods to ensure that it can continue to serve disadvantaged children in a responsible and caring manner. Kurn Hattin is devastated by the fact that any former students were mistreated during their time at Kurn Hattin, and Kurn Hattin is sorry that any child was harmed. Kurn Hattin hopes that this process has brought some peace for them.
Statements from Kurn Hattin Homes
August 25, 2021
During the last academic year, Kurn Hattin Homes was reviewed by a Review Team appointed by the Vermont Secretary of Education, Dan French. During this review, the KHH administration cooperated fully with the Agency of Education’s Independent Review Team as they conducted a comprehensive and thorough investigation into the Homes’ status as an ‘Approved’ Vermont independent school.
In a report released in May, the Review Team wrote, “with consistent implementation and ongoing oversight, [Kurn Hattin Homes] can provide a safe and healthy environment for its students. Based on the evidence considered during the review, [Kurn Hattin Homes] is playing an important role for students by providing an important blend of quality education and a responsive environment for children.”
This was an extremely thorough inquiry resulting in the supportive report from the Review Team acknowledging that Kurn Hattin Homes had taken appropriate steps to meet all of the state standards required for “Approved” status. Secretary French accepted the results of the Review Team’s inquiry. Kurn Hattin Homes continues as an “Approved” independent school in Vermont and welcomes any follow-up review by the AOE.
Mark Bodin, the president of Kurn Hattin Homes’ Board of Trustees stated, “We are pleased that, after thorough investigation, both the AOE Review Team and the Secretary recognized Kurn Hattin’s commitment to continuous improvement and confirmed our status as an approved independent school. Kurn Hattin serves children that our society’s institutions have failed, and we are committed to providing a positive experience for them.”
Kurn Hattin Homes want to emphasize the good work the staff is doing for children at the Homes today. We just received our third consecutive 4-star rating, the highest rating possible, from America’s largest independent charity evaluator, Charity Navigator. We remain committed to serving children and families in need now as we move forward into a new academic year.
In the service of children,
Steve Harrison, Executive Director
Sue Kessler, Assistant Executive Director
October 23, 2020
Since 1894, Kurn Hattin Homes for Children has provided a safe and supportive haven for children whose families are going through a tough time. We serve children ages 5 to 15 from throughout the Northeast, giving them a safe, caring, and fun environment where, perhaps for the first time in their lives, they can excel academically, grow as individuals, and experience the joy of childhood. Since 2015, I have served as Kurn Hattin’s executive director. In that time, I have seen our staff teach and care for our children as if they were their own. We take our roles in their lives very seriously, and that is why the recent allegations by alumni of historical abuse have been so devastating to us. Our hearts are breaking at the thought that any child who sought refuge at Kurn Hattin ended up a victim.
Many of the allegations concern conduct that took place many decades ago. Some claims from the late 1980s were known to us as the perpetrator of the abuse was reported to the State by KHH administrators, was convicted, and was sent to prison. With respect to older claims, these allegations were first legitimately raised this summer. No matter how long ago, survivors of abuse deserve our support and to be heard. We are listening, and we are responding. While I have said this several times in the past few months, it bears repeating: We take these allegations extremely seriously. If any child suffered at the hands of someone at Kurn Hattin Homes, regardless of how long ago, I am profoundly sorry, and all of us here will do all we can to ensure it never happens again.
Unfortunately, following these alumni’s courageous efforts to come forward, Kurn Hattin has become the target of attacks from self-interested parties based on falsehoods and misinformation, unverified and unsupported allegations and innuendo, and confidential documents that were selectively leaked to create a misleading picture. It is time we set the record straight publicly so that everyone can work together constructively to ensure a safe environment and preserve the critical support that Kurn Hattin provides to children and families in need.
So here are the facts:
- We have consistently reported incidents to Vermont’s Department for Children and Families (DCF). Most of them involved allegations of child-on-child incidents. In the most serious accounts recently reported in the media, DCF had reported back to us that their investigations did not support the allegations, and they had dismissed them for any further action. The media, however, continue erroneously to report those allegations as facts.
- We have repeatedly attempted to work with the claimants’ lawyers. We have commissioned an independent investigation to investigate fully all of the allegations that have been made, and we are committed to uncovering the truth.
- DCF has often not been a constructive partner. They have not acknowledged many of the key changes we have made to improve our programs, nor have they acknowledged that many of their responses and requests to us came months and sometimes more than a year late, making immediate action impossible. They have not acknowledged that whenever they had questions or concerns, we responded, took corrective action, and reported those steps back to them. In addition to reports from DCF that came months late, it also delivered contradictory findings within days of each other and faulted us for alleged incidents after DCF had already determined through its own investigations that those allegations were not supported by facts and had been dismissed. All of our actions and communications with DCF are well documented.
- Over the past five years, we have made significant improvements to our processes and procedures to meet the needs of children more fully, provide improved supervision and care, and ensure quality staffing. Some of the changes were to correct inadequacies identified by DCF. They included: implementing a new training curricula for staff regarding abuse, trauma, sexual reactivity, and self-harm; changing counselor and nursing schedules from daytime to afternoon/evening shifts to provide more coverage and care for children during times of their greatest need; and providing increased training for all staff in trauma-informed care and restorative practices. We are constantly trying to improve, and we will continue to do so.
- In some instances, the media has flat out misled the public. Numerous news stories have reported that our Residential Treatment Program (RTP) license from DCF was taken away, when in fact we, on our own initiative, elected to close our license because we are not a residential treatment program. We provide housing and education, not treatment. DCF had supported that transition, and there is ample documentation in the public record to prove it. We had begun the process of winding down our license nearly two years ago, and we acknowledged in July 2020 that it had ended. It was our announcement to DCF in September 2019 of our intent to end the RTP license that prompted DCF to conduct its final licensing review, not the other way around. After sending us their final report seven months late and after we had notified them of the end of our license, DCF finally acknowledged the end of our RTP license last month. Kurn Hattin Homes is still functioning as an approved residential independent school in Vermont.In addition, it appears DCF has violated Vermont law by publicly releasing to the media documents that contain identifying information of children. These are required to be kept entirely confidential. We informed DCF of its error, yet it has not acknowledged the error or taken any remedial action. We have never tried to cover up any allegations brought to our attention, and we have no desire to do so. Still, when we report allegations to the State, we do not expect our children and their stories to be handed over to the press. If DCF, in apparent violation of the law, refuses to keep confidential the names of children or their families, it undermines a system designed to protect children and mandatory reporters in the prevention of abuse.
Child abuse is inexcusable. All of us who devote ourselves to the children at Kurn Hattin want to acknowledge and commend the courage of our alumni who have come forward. We stand with them and are listening. We want to know what happened, when it happened, how it happened, and why it happened. Facts matter. Those in government and the media should show the same commitment to facts and to the children whose interests they are bound to protect.
We continue to seek the facts and share them so we can always serve children who need us, as we have served the tens of thousands of students who came to us over the past 126 years to learn, grow, and become the best versions of themselves while in our care. We are committed to making sure that what happened to those alumni never happens again.
Stephen Harrison, M.Div. Executive Director
Kurn Hattin Homes for Children
October 2, 2020
Our Kurn Hattin Homes family has been devastated and heartbroken by the recent media coverage we have received. We have served thousands of children during our 125 year history. Every single one of them is a valued member of our family, no matter the year or decade that they attended, and we care deeply about each of them. We want to acknowledge and commend the courage of the individuals who have come forward. We are committed to listening to their stories no matter how difficult that will be for them and for us. Their strength is amazing. The thought that any child has suffered at the hands of any one at the Homes at any time brings us tremendous pain and sorrow.
During these past few weeks, we have been deeply moved and humbled by the overwhelming number of messages of support and encouragement that we have received from friends and supporters from all over the country. These messages have come from alumni, families of current and past students, volunteers, donors, referral sources, and community members. They are heartwarming to read and they speak volumes about the positive impact that the Homes has had on so many lives for so long.
Here is a small sampling of the comments we have received recently:
“I am a parent of one alumnus of Kurn Hattin and another, soon to be, alumna. I am writing in support of Kurn Hattin and to contrast our experiences with the characterization spelled out in the Vermont Digger articles. Our experience is the antithesis of what is depicted in these articles. Our family has benefited from the Kurn Hattin experience for almost a decade. Not once did I ever have a concern about leaving my children in their care. I hope that independent investigations address recent allegations and Kurn Hattin’s good name is cleared. I also encourage everyone to take the time to visit their web site and acknowledge the Core Values they exemplify and teach every day to their children.”
~ Ed Nasta, West Glover, VT
“Thank you, Kurn Hattin, I made it thru high school…I’m a great mom to a bucket load of kids! I reach for the stars because I know anything is possible if I just try!“
~Ashley Minchenko, class of 2004, Henderson, NC
“… as a long-time regular tutor…I find the school to be a warm, welcoming place for all the children… I am especially glad to see high academic standards, a strong arts component….and an inter-racial atmosphere which respects diversity.”
~Elayne Clift, Saxtons River, VT, volunteer tutor
“I have been working with Kurn Hattin for 8 years, both of my grandsons have attended, one graduated in 2016 and one is a current student. I have had hundreds of positive interactions with the staff and I can’t say enough good things about both of their experiences. They have a positive way of dealing with children when they are struggling that helps them understand how to cope in difficult situations…everyone works together so that children learn, grow, and become the best version of themselves.”
~Jan Gould, grandmother, Springfield, VT
“I appreciate the detailed information about your recent (and not-so-recent) experiences with Vermont DCF. My mother (Leah Robinson) and I remain committed to supporting Kurn Hattin Homes with our donations. I hope all of your donors will react in this same way and continue their support as well.”
~ Patricia White, Chesterfield, VA
“I am sorry that the media is treating you unfairly. Kurn Hattin provided me a safe place to grow and learn in the midst of a chaotic time with my family. As an adult, I’m in a place where I can show my appreciation through action with financial contributions. I have supported Kurn Hattin, and will continue to.”
~Thankfully, George C. Colby III, M.Ed, class of 1982, Camano Island, WA
We extend our deepest gratitude to the entire greater Kurn Hattin Homes community for your encouragement, your kindness, and your belief in our mission and our important work with the children we serve. We feel privileged to be able to serve them, and we look forward to doing so for another 125 years.
Thank you,
Sue Kessler, Assistant Executive Director, (603) 313-2435 (cell)
Steve Harrison, Executive Director, (802) 289-7367 (cell)
September 19, 2020
Various media outlets have reported that Kurn Hattin Homes was pressured by the Vermont Department for Children and Families (DCF) to close its license as a residential treatment program (RTP). This is not accurate. Further, many of the facts and conclusions drawn by the media are demonstrably false.
Kurn Hattin Homes, on its own initiative, elected to close its RTP license because it is a residential educational program and not a residential treatment program. The closure of its RTP license does not, in any way, impact the Homes’ operations or mission. Just like we have been for more than 125 years, Kurn Hattin is open and will continue to operate an outstanding residential school for children ages 5-15 whose families are experiencing a period of need or instability.
It is patently false to report that Kurn Hattin was pressured by DCF to surrender its license. It is also patently false to report that DCF has issued a “damning” report finding a “pervasive culture of abuse” that prompted this process. The closure of the license is entirely unrelated to any issues of alleged abuse, and DCF never stipulated any such finding.
The documented sequence of events and communications with DCF is below. While it may be that DCF was trying to tie up loose ends earlier this month, we cannot explain why DCF sent us reports more than a year late, delivered completely contradictory findings within days of each other, and faulted Kurn Hattin for incidents after it had already determined the investigations did not support the allegations. Its mishandling of our issues and its apparent release to the media of confidential information about children are beyond disappointing.
We told DCF more than a year ago that we chose to end our license with DCF because we are not a residential treatment program. We provide children with a year-round home and school; we don’t provide treatment. As a school, we are approved by the Agency of Education and are members of the Vermont Independent School Association and have been for years. We have worked extremely hard over the past few years to make improvements and provide the best quality life for the children in our care.
When Kurn Hattin has been notified of an allegation or issue with one of its children, it has reported it, responded to the appropriate agency, and taken corrective action. Over the past few months, we also have been trying to understand what happened in the past. An independent investigator is reviewing allegations of abuse at Kurn Hattin Homes in the 1960s – 1980s, which were asserted this summer. Given that the alleged incidents occurred as much as 60 years ago, it is taking some time. Just know that we take any allegation very seriously, and we will do whatever is necessary to reach the truth.
Chronology of Events:
April 2019: Kurn Hattin reported to DCF about claims of peer-on-peer abuse (regarding boys and girls), and DCF investigated them.
August 2019: Regarding the conduct of the boys months before, DCF prepared a report and found that, while “the sexualized activities described by the boys in ‘the club’ are largely developmentally normative…,” DCF faulted Kurn Hattin for its employees’ lack of supervision in allowing the conduct to go on longer than it should have. (Kurn Hattin was notified of these findings on September 9, 2019.) By the time the report was received, Kurn Hattin Homes had already taken significant corrective action and had started the process to hire a new residential director.
September 2019: With respect to the RTP license, following up on conversations with DCF that had been ongoing for several years, Kurn Hattin Homes notified DCF that it wanted to be released from its license because Kurn Hattin does not function as a residential treatment program. DCF informed Kurn Hattin that this process would require a review and issuance of a License Report from DCF. (That Report, which was dated December 2019, identified certain regulatory deficiencies. The Report, however, was not provided to Kurn Hattin until July 22, 2020.)
June 25, 2020: DCF wrote to Kurn Hattin Homes acknowledging Kurn Hattin’s “interest” in closing its license. DCF said it was “willing to close your RTP license as of July 15, 2020” upon confirmation that Kurn Hattin had notified several organizations that it is no longer licensed as an RTP and that Kurn Hattin agreed to only accept students whose needs can be met within its residential education program. Contrary to assertions in the media, there was never any pressure for Kurn Hattin Homes to relinquish the license. In fact, in the same June 25, 2020 letter, DCF offered to assist Kurn Hattin in meeting regulatory requirements to remain licensed as an RTP if it so desired. Kurn Hattin declined the offer.
July 15, 2020: Kurn Hattin Homes had completed all applicable requirements to close its license and assumed it had been closed, per DCF’s correspondence in June.
July 22, 2020: Kurn Hattin Homes wrote to DCF affirming that the requirements for closure of its license had been met and, as far as Kurn Hattin was concerned, the matter was concluded. On July 22, in response to that letter, Kurn Hattin received the License Report (but it was dated December 2019). In the License Report, DCF cited Kurn Hattin’s noncompliance in 14 regulations out of 202 (a 93% compliance rate), but by the time Kurn Hattin actually received the License Report, seven months after it was written, Kurn Hattin was already in compliance with all applicable regulations.
July 31, 2020: After receiving the License Report on July 22, Kurn Hattin Homes also then received two letters from DCF regarding two of the girls’ incidents (apparently cited in recent media reports) that Kurn Hattin had reported to DCF in April 2019, over a year earlier. The DCF letters stated that the allegations were unfounded, citing “not enough information exists to support the allegations,” and DCF nullified the initial incident reports.
August 4, 2020: Kurn Hattin Homes wrote back to DCF to address the License Report findings point by point and to express its surprise at the fact that it was receiving for the first time the License Report, which was seven months late, and the reports from the April 2019 investigation, which were more than a year late.
September 1, 2020: Kurn Hattin Homes received yet more correspondence from DCF regarding the incidents it investigated in early 2019, including two incidents that had happened several years prior. In these new letters, DCF stated it had found deficiencies on the part of Kurn Hattin. However, approximately one month before, DCF had told Kurn Hattin the exact opposite regarding two of those claims, saying that there was not sufficient evidence to support the allegations.
September 3, 2020: Kurn Hattin Homes again wrote to DCF to express its dismay at receiving these letters regarding the April 2019 incidents, now over a year later, and after DCF had already cleared Kurn Hattin for meeting all of the requirements to close out its license.
September 4, 2020: Inexplicably, DCF sent yet another letter to Kurn Hattin Homes concluding that one of the incidents investigated in April 2019 (again apparently cited in the recent media report) did not have sufficient evidence to support the allegations.
September 10, 2020: DCF sent Kurn Hattin Homes a letter acknowledging that it has satisfied the requirements for closing out its RTP license (which Kurn Hattin had affirmed in July) and formally closed the RTP license.
Statement about Alleged Abuse
July 3, 2020
Late Thursday afternoon, we received a call from the Reformer informing us of abuse allegations stemming from the 1960s, and‘70s. It was the first time we had heard specifics about allegations from these years, and we were given no time to respond. That was in no way indicative of us having nothing to say. We take these allegations extremely seriously. We have served children at the Kurn Hattin Homes for more than 125 years. It is our mission to provide a safe and supportive haven for children with troubled lives. The thought that any of our children who came to us for refuge suffered abuse while in our care is both horrific and heartbreaking. Even though much of the alleged abuse happened over 40 years ago, no matter when they come forward, survivors should be commended for their courage for doing so. And just like any child in our care, they deserve our support and to be heard. If any child suffered at the hands of someone at the Homes, I am profoundly sorry.
We have been made aware of two separate groups of students alleging abuse at the Homes. We were aware of a group from the 1980s because the abuser was identified, convicted, and incarcerated in 1991. We fully investigated the incidents at the time, felt confident we knew the full scope, and are working to put that sickening chapter behind us. We were not aware of these additional, new allegations. Given that most of the new alleged incidents occurred as much as 50 to 60 years ago, it is difficult to ascertain what happened, especially since most of the Homes’ leaders from that time are no longer alive.
I’ve only served as Executive Director of the Homes for the past five years, but I am proud to be part of a team that cares for these children so much. Regardless of the constraints, I am asking our Board of Trustees to engage an independent external review. We plan to fully investigate these claims, and even though they allegedly happened 30 to 60 years ago, we vow to do all we can to uncover the truth, and if need be, help the survivors find the peace they seek and deserve.
Sincerely,
Steve Harrison, Executive Director