Hidden Lake
Academy faces class action law suit
By Matt
Aiken
September 20, 2006
A federal
class action lawsuit accusing Hidden Lake Academy of the “tragic
mistreatment of troubled teenage students and families” was filed in
the Gainesville branch of the United States District Court last
Monday.
The civil action suit, filed by a team of Atlanta-based lawyers
representing the families of two former students, centers around a
laundry list of accusations against the therapeutic boarding school
and its founder Dr. Leonard Buccellato.
Hidden Lake Academy is a SACS (Southern
Association of Colleges and Schools) accredited boarding school
which provides therapy for more than 150 students. The school is
located off Camp Wahsega Road and was established in 1994.
On Sept. 11, the legal team of Gorby, Reeves, & Peters brought the
operation of the establishment into question as it portrayed the
school as an unsafe facility manned mostly by uncertified employees.
As a result, much of the lawsuit revolves around Hidden Lake's
alleged misrepresentation of itself through its parent handbook and
official Web site.
“HLA's zeal to cut corners and misrepresent itself stems from the
fact that it is run in large part for the personal enrichment of its
founder, defendant Buccellato,” the suit states.
One of the more serious accusations would
appear to be HLA's alleged knowing introduction of “violent and
severely disturbed students” into the school population, despite
assurances to the contrary.
Included in the plaintiffs' complaint is an apparent internal
e-mail, dated Feb. 24, 2006, which was reportedly sent by former
Admissions Director Clarke Poole to eventual Admissions Director
Nicole Fuglsang as he pointed out the instability of particular
students.
“There is a fairly long list of students whose appropriateness I
have questioned, especially in the last year or so,” the e-mail
states.
The author goes on to point out students allegedly admitted against
his recommendation and goes so far as to liken one of these students
to Hannibal Lecter.
“He should have been in a padded cell in a psychiatric prison, and
we knew it going in,” wrote the author. “It's difficult to
distinguish his psychological evaluation, which was done by Len
Buccellato and [name intentionally deleted in the suit] from that of
Hannibal Lecter's.”
Poole reportedly left Hidden Lake Academy soon after the letter was
sent.
“Hidden Lake's reluctance to reject court-ordered, severely
disturbed and violent students stems from the fact that it is highly
profitable to admit such students,” the complaint states.
The suit goes on to allege that the inclusion of some of these
students led to several violent altercations and attacks on other
students, one of which resulted in an investigation by the Lumpkin
County Sheriff's Office.
However, Capt. Jason Stover with the sheriff's office said he had no
record of such an investigation.
According to the suit, tuition at the boarding school runs $5,900
per month. Students are expected to stay for the duration of the
program, which can run 17 to 21 months.
According to the suit, parents must put down a hefty deposit as
well.
Since, according to the suit, the product is not what was
advertised, parents and their children are bound to a shoddy deal,
leaving parents with the predicament of leaving their child at the
school or removing them and forfeiting the deposit.
“Nevertheless, despite the fact that parents incur huge educational
and financial costs for pulling out their children before
graduation, more than fifty percent of HLA's students during the
Class Period - nearly 400 families total - have failed to graduate
from HLA, and instead left the program prematurely,” the suit
states.
The suit then goes on to question the accreditation of HLA staff
members.
“Throughout the Class Period [of 2000 to the present] a large number
and, at certain times, an overwhelming majority, of HLA's teachers
have not been certified, while a sizable 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,” the complaint states.
The Hidden Lake Academy Web site claims that “teaching faculty at
HLA hold a Bachelor to a Doctorate level degree in education.”
The complaint also alleges that employee Clay Erickson has taken the
position of Director of Addiction Services despite having his
license revoked by the Washington State Medical Disciplinary Board
in 1993. The suit claims the suspension was due to “his alleged
alcoholism and abuse of controlled prescription drugs.”
The plaintiffs also claim that HLA failed to consistently employ
sufficient medical staff while also neglecting to deliver on the
advertised promise of providing a full-time special education
teacher.
“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 employed a registered or properly licensed
nurse,” the suit states.
“Hidden Lake also provides students with deficient medical
supervision, allowing unlicensed staff such as secretaries and
pharmaceutical technicians who are unsupervised by a nurse or proper
medical authority to dispense prescription medication to students.”
The complaint goes on to allege that HLA students who have been
placed on restrictions have been utilized to clear land for future
building projects.
“Buccellato's use of students to do HLA manual labor was similarly
not disclosed to families at the time they entered into their
enrollment contracts,” states the complaint. “Further, Defendants'
misuse of such students to do manual labor violates countless
federal and state labor regulations.”
HLA is also accused of routinely performing strip searches on
students after they return to campus following home visits.
According to the plaintiff, this detail is not sufficiently
advertised by the school.
The plaintiffs also allege that HLA often charges undisclosed extra
fees despite the reported assurance that tuition is all-inclusive.
These reported extra charges range from marked-up toiletries
purchases to exorbitant medical fees.
“Incredibly, HLA even overcharges students for vaccinations and
shots, imposing a more than 50 percent mark-up for flu shots and $90
for a meningitis shot that costs significantly less,” the suit
states.
“During the Class Period alone, these undisclosed overcharges have
reportedly totaled some $800,000-$1,000,000 all of which amounted to
pure profit to HLA,” the complaint states.
A myriad of accusations are also directed at Buccellato himself, who
is accused of using school funds and employees for his own personal
use.
“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 a 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,” the suit states.
Buccellato is also accused of forging the name of his CEO, CFO, and
Secretary Kenneth Spooner on official documents as well as bribing
third party educational consultants in order to receive positive
recommendations.
“Realizing the significant role consultants play in the school
selection process, Buccellato showers consultants with gifts and
other forms of undisclosed compensation,” the suit states.
The plaintiffs have also accused Buccellato of misappropriating
donations that were intended to build a campus chapel.
“Buccellato has taken funds directly from the Student Chapel Fund
program for his own personal use,” the complaint states.
Buccellato could not be reached for comment. Instead The Nugget was
contacted by HLA's defense team of Quirk & Quirk.
Martin Quirk contended that the accusations against Hidden Lake
Academy are merely the result of disgruntled parents who, after
withdrawing their children prior to completion of the program, are
now reluctant to forfeit their deposit. These fees, he added, are a
normal part of such schools.
“A couple of parents that withdrew their children didn't like that
provision, which they had signed,” said Quirk. “And apparently blew
it way out of proportion.”
The first set of unidentified plaintiffs are residents of Florida
whose child was enrolled at HLA November 2004 to May 2005. During
this time they reportedly paid $63,268, including a non-refunded
deposit of $14,550.
The other set of plaintiffs are current residents of Pennsylvania.
Their child was at Hidden Lake February 2005 to August 2006. During
this time period they reportedly paid $102,727, including a
non-refunded deposit of $14,709. Both sets of plaintiffs pulled
their children from the program three months prior to their expected
graduation dates.
According to the complaint, this suit could open the door for
hundreds of families to join in the class action, the damages of
which could reach more than $5 million.
The legal group of Gorby, Reeves, & Peters, which declined to
comment for this story, has demanded a trial by jury.
Hidden Lake Academy has 20 days from the initial filing of this
complaint to respond to the suit.
“The school is going to vigorously defend it,” responded Quirk. “I
think the justice system will prevail.”
|
