Amount of Compensation Determination
The Authority shall establish criteria for 3 tiers of compensation based on the severity of the abuse suffered by the former students. The 3 tiers of compensation are: $25,000; $60,000; and $100,000.
CPS-26 The basic amount of compensation will be $25,000. This should be awarded to any claimant who establishes to the satisfaction of the Panel that they are eligible for compensation.
CPS-27 To be awarded the second ($60,000) or third ($100,000) tier of compensation, the claimant would have to offer additional information regarding the severity, duration, and impact on the individual claimant.
CPS-28 Considerations to be used by the Panel should include: the use of coercion or threats, the amount of force associated with, and the type and frequency of the abuse.
CPS-29 Considerations of impact should include: the pain and suffering of the claimant as evidenced by factors such as erratic job history, mental health treatment, substance abuse, or other evidence of physical, psychological, emotional issues.
CPS-30 The highest payment should be considered when the impact on the claimant is very serious and long term.
CPS-31 When there is doubt as to whether the claim falls into one tier or another, the Panel should err on the side of the claimant, and award the claimant the compensation associated with the higher of the two tiers. In other words, the Panel shall award compensation at the highest level that the facts of the claim support.
CPS-32 To assess impact, the Panel should rely on information which reflects possible substance abuse; sexual dysfunction; difficulty in personal or marital relationships; premature withdrawal, suspension or expulsion from school; premature sexualization; or incapacity to trust persons in authority or professionals.
CPS-33 Sexual abuse that involved physical force is likely to result in a more severe impact on child and adulthood.
CPS-34 Premature and unhealthy sexualization is a possible impact of abuse resulting in victims becoming offenders, as well as victims becoming unusually passive.
CPS-35 A claimant’s subsequent behavior as an offender should not impact the Panel’s decision regarding amount of compensation to be awarded. However, the Panel should not increase compensation for offending behavior.
CPS-36 The Panel will recognize that some claimants may be more articulate as to the impact that the abuse has had on their lives. For those claimants who are not as articulate, the Panel will need to rely more on objective indicators to assess impact.