Notre Dame president : ‘We failed to keep him safe'

[douglas9]

SOUTH BEND — The University of Notre Dame's president sent an e-mail letter Friday saying that the university is responsible for student Declan Sullivan's death because they failed to protect him.

“Declan Sullivan was entrusted to our care, and we failed to keep him safe. We at Notre Dame — and ultimately I, as President — are responsible,” the Rev. John I. Jenkins wrote in the e-mail sent to the campus community.

Sullivan, a videographer for the football team, died Oct. 27 after a scissor lift he was standing on toppled over while he was taping football practice. Wind gusts that afternoon were around 50 mph.


Former University of Arizona President Peter Likins will provide an external review of Notre Dame's investigation into the accident that killed Sullivan, Jenkins announced in the letter.

http://www.southbendtribune.com/article/20101105/News01/101109683/1011/News

[Scuba]

1. But we're not responsible for any child molestations. n/t

[AngryAmish]

2. Easy for him to say this

The kid was (most likely) covered by worker's compensation. It is his families exclusive remedy. ND (actually their worker's comp insurance carrier) cut a check for $7,500 in burial expenses, write a sappy email, put stickers on their helmet, walk away smiling.

[Orrex]

3. Yeah, it would have been tons better if the president had disavowed any responsibility at all

I have a hard time believing that this will end with a pittance paid out by worker's comp.

[AngryAmish]

4. Feel free to look up the statute

and look up what "exclusive remedy" means. It is a term of art.

Now, we don't know if the kid was paid by the athletic department or the university (or even if the athletic department is part of the university or separate, like many universities.) We do not know if this kid was paid or if a volunteer (and not a covered volunteer.) We do not know if Kelly is an university employee or independent contractor. We do not know if a "booster club" or the ilk provided any training, equipment etc.

All these factors decide when things are covered or not by workers comp. BUT...by everything I have seen, this is going to be a comp case. He had no dependents. College kids don't make a lot, a minimum average weekly wage (which, in Indiana, is pretty low).

Oh, ND is on the hook for his medical expenses before he died too.

[RC]

5. I was reading ND as North Dakota.

I was trying to figure out what I had not heard of this.