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Arizona teacher files $4M claim in prison rape

By WTOP Staff

BOB CHRISTIE
Associated Press

PHOENIX (AP) — An Arizona teacher who was left alone in a classroom and then raped by a convicted sex offender filed a $4 million claim on Thursday against the state Department of Corrections.

The claim comes nearly six months after the attack at the Eyman prison and a week after the state’s worker safety agency launched a full review of the state prison system’s worker safety practices.

The teacher was alone in a classroom with no guard nearby on Jan. 30 when a convicted rapist assaulted her. Details of the case were first reported by The Associated Press after an open records request.

The claim says the department “failed miserably” in its duty to keep the teacher and other employees safe.

Filed with the state by the teacher’s attorney, Scott Zwillinger of Scottsdale, the claim said the corrections department understaffed the prison’s Meadows Unit for sex offenders, failed to monitor violent sex offenders when they were with non-guard staff like the teacher and failed to provide equipment to civilian staff that would allow them to defend themselves and quickly call for help in an emergency.

“This is just outlandishly egregious, it’s just jaw-dropping,” Zwillinger said in an interview.

Corrections spokesman Doug Nick said the department couldn’t comment on pending litigation.

Prisons officials have said there were no security lapses that led to the rape, but they have since begun installing cameras in all prison classrooms, increased checks on non-guards and have begun issuing them pepper spray.

Gov. Jan Brewer, asked about the rape at an unrelated event Thursday, also said she couldn’t speak freely about the case.

“That was a terrible, terrible situation, and of course if there’s litigation it’s going to be very difficult for me to weigh in on it,” Brewer said. “But it was an awful situation.”

The attack raised questions about prison security because the teacher was put in a room full of sex offenders with no prison-guard supervision nearby. Authorities said the inmate, Jacob Harvey, lingered in the room after other inmates had left, stabbed the teacher with a pen and raped her.

“As a result (the teacher) has struggled not only with physical pain from the stabbing and rape but traumatic emotional distress that she struggles with each and every day,” and will for the rest of her life Zwillinger wrote. He called the attack horrific and wrote that “given the sheer absurdity of permitting a violent rapist to be left alone with a woman in an unguarded classroom” she can expect to win a judgment in excess of $10 million should the case go to trial.

The Associated Press does not normally identify victims of sex crimes.

The Meadows Units houses about 1,300 rapists, child molesters and other sex offenders. The prison is in Florence, about 60 miles southeast of Phoenix.

A former deputy warden at the prison, Carl ToersBijns, has said the assault highlights chronic understaffing and lax security policies that put staff members at risk.

Harvey, 20, has been indicted on sexual assault, kidnapping and assault with a deadly weapon charges. Harvey pleaded not guilty at his arraignment last month and his public defender has declined to comment.

Zwillinger is alleging civil rights violations by the prison system because they are failing to protect employees. The teacher has filed a workers compensation claim, which normally bars litigation. But Zwillinger said he can sue because the incident is likely the result of ‘extreme recklessness’ and violated her civil rights.

“The folks who work in the prisons have probably one of the most dangerous jobs that people can have,” Zwillinger said. “But they still have a right to be safe, and to know that when they go to work in the morning they’re going to be home with their families. That has to be addressed, it has to be talked about, it has to be corrected.”

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Follow Bob Christie at http://twitter.com/APChristie .

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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