Facing Community Pressure:  When Emotion Overrules Logic

  John C. Lundt
University of Montana
 
 

Abstract

 
In a small agricultural community on a Montana Indian reservation, a principal was faced with a decision to sponsor a snow tubing party as a school-sponsored activity. Believing that tubing was a dangerous activity, the principal refused to grant school sponsorship. The party took place without school approval and during the event two girls were killed and two others seriously injured. Community members put pressure on the principal to declare the event a sponsored activity so that the school's liability insurance could be employed. Fearing subsequent litigation, the principal refused to lie about the issue of school sponsorship. His decision was over-ruled by the school board and massive litigation ensued.

Twas the day before Christmas vacation and all was well. The district Christmas pageant had been held last night and as usual the performances brought smiles to the faces of parents and grandparents and tears to the eyes of true music lovers. The students in the 145 student, Western Montana high school excitedly anticipated the holiday season and its two-week vacation. This year's plan to maintain a standard class schedule with academic activities for the entire last day before vacation, seemed to be working very well. In previous years, the day before winter vacation had featured an endless series of Christmas parties, during which the students consumed a year's supply of sugar and preservatives and were hyperactive for the rest of the day. By comparison this more academic schedule seemed to be much easier on students, staff, and administrators.

Hoganville High School is a rural, reservation school that is part of a unified district in a small town of approximately 1000 residents. The student population is made up of roughly 50% Native Americans and 50% non-Indian students. The local economy is based on agriculture, the lumber industry, and employment in a metropolitan area 35 miles to the south. Hoganville is not a particularly tightly-knit community and has a history of turmoil and controversy that has centered around the schools. As is the case in many rural, unincorporated towns, the school and its administrative staff serve as a sort of ad hoc city government.

Relations between the lifetime residents of Hoganville and the educational community are cordial but not close. Typically people born and raised in this community think of themselves as "from here" while virtually all of the teachers and administrators are "not from here." This results in the formation of an educational sub-community within the town. This educational sub-community meets the social needs of the teachers and administrators who tend to do the majority of their socializing apart from the rest of the town. While there is seldom overt hostility between and among the various sub-communities within the town of Hoganville , the presence of the separate social groups is evident.

The weather this December day was typical for Montana . The temperature was hovering around 20 degrees, the sky was semi-overcast, and about two feet of snow lay on the ground. There was always the possibility of more snow and colder temperatures to come. As the bell rang at the end of the last period and the students were gathering their books and coats for their departure, the vocational agriculture teacher came to the principal's office to wish him a Merry Christmas and to ask for a district field trip permission form. As dictated by school board policy, a permission form was required for any student activity to be considered "school sponsored."

The principal asked the teacher about the nature of the proposed trip. The teacher stated that he wanted to take the Vocational Agriculture Club and any other students who wanted to go on a tubing party during the Christmas break. The principal knew that tubing was a popular form of winter recreation in which individuals slide down snow covered hills on old car and tractor innertubes. He was also well aware that this form of recreation resulted in large numbers of serious injuries each winter.

The principal mentioned to the vocational agriculture teacher that he considered this activity to be potentially very dangerous and suggested that the teacher take the students skiing instead. The principal argued that at least on skis one had the ability to turn and stop. There is no way to control a tube once it is launched downhill. The principal suggested a beginner's ski program at a local ski resort, which would be an inexpensive way to introduce the students to a lifetime winter sport. He also told the teacher that he would not sanction the tubing party as a school-sponsored trip and suggested that the teacher try to dissuade the students from participating. The teacher responded that tubing was a community activity with a long history in Hoganville and that the club would go without school sponsorship. The principal recommended that the teacher not participate in an activity of this sort because, as a teacher, he could possibly be considered responsible for the students' safety. The conversation was very cordial in nature and when concluded the principal and teacher wished each other a Merry Christmas and the teacher left for the holidays.

Two days after Christmas the principal received a call from a high school janitor who also served as a volunteer paramedic, telling him that there had been a fatal accident involving two high school students. The principal's first assumption was that there had been an auto accident, since after many years of working at the secondary level he had learned that this was an all too common occurren

The hill being used that day was a popular location for sledding and tubing activities. It was very steep and had a number of very large pine trees at the bottom of the slope. A number of local residents had sustained injuries while tubing and sledding at this spot over the past few years. Concerned about leaving the students unattended, the vocational agriculture teacher had told his students not to start tubing until he returned with the second load of kids and tubes.

Four girls, three from Hoganville High School and one from a neighboring school, were sitting on a large tractor inner tube at the top of the hill. No sooner had the teacher left than one of the boys in the group pushed the tube over the edge of the hill. The tube raced down the snow covered slope spinning out of control and hit one of the trees near the bottom. As the tube hit, two of the girls struck the tree and sustained fatal injuries. The other two girls suffered a number of minor injuries, but survived. It was later determined that the two fatally injured girls cushioned the force of impact for their friends, saving their lives.

The accident had a profound effect on Hoganville. There was a tremendous outpouring of sympathy and support for the families of the two girls. All of Hoganville and a large number of people from neighboring towns attended the funeral service, which was held in the high school gym. A memorial scholarship was established in memory of the two victims and donations came from all over the state.

The Hoganville district had traditionally maintained a $1000 insurance policy that covered students who were injured in school-related accidents. Community members, aware of this coverage, mentioned it to the parents of the two girls, who came to the superintendent and asked him to file a claim on their behalf. The superintendent consulted with the principal and was advised that the tubing party was not a school-sponsored activity and would not qualify under the terms of this policy. One of the victims' fathers was a former school board chairman and he informed the superintendent that he planned to attend the next month's board meeting where he would ask the district to submit a claim for his daughter's accident.

The mood at the school board meeting was obviously emotional. A large number of community members had come to the meeting to support the grief-stricken families. There was not an empty seat in the audience. As the first order of business, the current trustees recognized the former board chairman who asked that the district make an insurance claim on behalf of his daughter. There was absolute silence in the room. The board in turn asked the superintendent to submit a claim to the school's insurance company and comply with the father's wishes. The superintendent turned to the principal and asked him to explain his position on this issue. When asked about the nature of the insurance claim, the principal stated that, while he had a great deal of sympathy for the parents and their situation, he was concerned by the fact that the insurance policy was for school-related activities and this tubing party was specifically not covered. The principal's response was clearly not well received by the audience. The board chairman suggested that the principal meet the needs of the policy language by declaring the trip to be school-sponsored. The principal respectfully declined to do so, stating that in fact the activity was not covered under the terms of the school's policy. He went on to state that he feared that submitting a false insurance claim might open the school to much greater liability and future legal action from both the insurance carrier and other parties.

The principal's comments were met with a chorus of moans, boos and other expressions of obvious public disgust. Several in the audience made statements to the effect that the principal was "not from here" and was therefore not sympathetic with local concerns. The principal addressed the board members and audience, assuring them that he was deeply moved by the plight of the families. He added that in point of fact this event was never officially authorized as a school-sponsored activity and that his primary obligation was to protect the best interest of the district. The community members in the audience made it clear that they were not satisfied. The superintendent indicated that the question of school sponsorship was solely the principal's decision. Members of the school board, which was made up entirely of those who "were from here," indicated that the least that they could do for the girls' families would be to give them each one thousand dollars. They unanimously voted to overrule the principal and declare the tubing trip a school-sponsored activity. An insurance claim was submitted on behalf of each girl. The insurance company paid and each family collected one thousand dollars.

Two years and three hundred and sixty-four days after the accident (one day before the statute of limitations ran out) each family served the district with a wrongful death suit in the amount of $475,000.00. The suits claimed that the vocational agriculture teacher had been negligent in the performance of his duties as the field trip supervisor and that the high school and its insurance carrier were therefore liable. The families' attorney cited the receipt of the $1000 insurance claim as evidence that the tubing party was considered to be a school-sponsored activity.

Twas the day after Christmas and three years after the accident when the superintendent and board chairman informed the principal of the two law suits that his school would be facing. All was not well, but the principal bit his tongue.

Post Script

Both lawsuits were settled out of court. The terms of the settlements were not disclosed. The district's insurance carrier declined to disclose any details of the settlement.
 
 
 

Teaching Notes

In a small agricultural community on a Montana Indian reservation, a principal was faced with a decision to sponsor a snow tubing party as a school-sponsored activity. Believing that tubing was a dangerous activity, the principal refused to grant school sponsorship. The party took place without school approval and during the event two girls were killed and two others seriously injured. Community members put pressure on the principal to declare the event a sponsored activity so that the school's liability insurance could be employed. Fearing subsequent litigation, the principal refused to lie about the issue of school sponsorship. His decision was over-ruled by the school board and massive litigation ensued.

Principals often face community pressure to make decisions that are based more upon emotion than logic or point of law. This problem is compounded when the community has a "them versus us" mentality regarding school personnel and community members. While there is a strong desire to please people, especially in a highly emotionally charged environment, the consequences of making the expedient rather than the correct decision often come back to haunt the decision maker.

Discussion Questions

1. When faced with a decision that will foster controversy with either choice, is it better to make the legally and morally correct decision or the decision that is more likely to insure continued employment?
2. Often the most obvious solution to a problem leads to far greater organizational peril at a later date. How can a leader who recognizes long-range dangers convince others that the obvious, simple solution is not the best course of action?
3. It can be argued that people make decisions based on perceptions rather than realities. Individual values play a significant part in forming perceptions and act as filters in the decision-making process. What can a leader do to dissuade a group of individuals who are willing to commit an unethical or illegal act to meet their immediate needs?
4. What can a leader do to bridge the relational gap between social groups within a community? What are some effective means of convincing people to put aside long-standing grievances for the purpose of creating a common good?

Biographical Statement
Dr. John C. Lundt is a former high school principal and is currently serving as a Professor and Chairman of the Department of Educational Leadership and Counseling at The University of Montana.

ERIC Descriptors
School safety
School law
Conflict resolution
Community/school relations
School board/administrative relations