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New investigation requested
yranaivo@journalnet.com
POCATELLO — A Twin Falls attorney said the $5 million tort claim he recently filed against Idaho State University’s Cooperative Wilderness Handicapped Outdoor Group on behalf of his clients will require a separate state agency to perform its own investigation of the program. C.W. HOG provides outdoor recreational opportunities for persons with disabilities. During an outing at the American Falls Reservoir on July 30, a participant with a disability who was driving a Jet Ski fatally struck Brent and Margo Heers’ 13-year-old son Erik Simnitt. Erik died from his injuries later that same evening at the Harms Memorial Hospital in American Falls.
Following the accident, ISU President Arthur Vailas asked top university officials to organize a task force to evaluate C.W. HOG and the accident. Eventually the task force will make official recommendations that could affect the future of the program, including changing some of its operations or shutting the program down entirely. The Heers, who conveyed support for the program during the weeks following their son’s death, opted to pursue a case. Joel Beck, the couple’s attorney, said a state agency will have 90 days to conduct a “broad” investigation of C.W. HOG and resolve the tort claim.
“It provides an opportunity for amicable resolution for the differences between the two parties,” Beck said. “And everybody involved could take an opportunity to figure out what happened and why.” Additionally, Brent Heers had previously expressed a desire to see some changes made to C.W. HOG, and Beck said the tort claim also aims to fulfill that request.
“It can try to make suggestions on ways in which C.W. HOG can improve their policies and procedures,” Beck said. The tort claim has been sent to a number of state agencies, but Beck said he did not know which departments were going to investigate C.W. HOG.
While the recent move could hamper C.W. HOG’s future, ISU intends to continue with the task force, and declined to say whether the tort claim has made the internal evaluation moot. “The group has been assembled, and they’re meeting. They’ve already had their first meeting,” said Graham Garner, an ISU spokesman. “It has been charged to review the protocols, procedures and policies. ... And the purpose of the review group is to make sure that we’re doing things the right way and looking for things to improve.”
Kit Coffin, the Boise-based program manager for the Idaho Department of Administration Risk Management Program, said her agency will deal exclusively with the claim, and will have no influence over what administrative decisions ISU makes toward C.W. HOG. The agency’s risk management programs handle liability and insurance for state agencies and higher educational institutions. The division deals with claims filed against state entities, and provides coverage without purchasing commercial insurance.
“That has nothing to do with it,” Coffin said about the influence the Heers’ tort claim has on C.W. HOG’s future. “A decision on something like that would be something that would be made after ISU analyzes its program. My job is simply handling of the claim and has nothing to do with the program. That’s (ISU’s) program, and it’s under their control.” Coffin said her agency has been made aware of the claim, but would not comment any further on the matter.
Lee Krehbiel, ISU’s vice president of student affairs, was in charge of putting the ISU task force together. He was unavailable for comment Wednesday. Mark Hiedeman, Bannock County prosecutor, said he has been involved with C.W. HOG for nearly a decade, and expressed support for ISU to continue the program. He said the recreational program offers a number of extreme activities, and that the incident was an unfortunate “freak” accident.
Hiedeman touted C.W. HOG’s solid safety record, which he said has been relatively free of serious accidents. “I’ve been involved with (C.W. HOG) for the last six to eight years, and I’ve seen it do great things for people with disabilities,” he said. “They do outdoor activities that have some danger connected to them, but their history, it’s unbelievable. Their track record is good. I would hate to see the program shut down because of this single accident.” By Yann Ranaivo
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