Indian Day School Claims Process
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Update:
Day school settlement has paid out $5.7B in claims. A Supreme Court petition says survivors were shortchanged
Day Schools:
Claims range from level 1 ($10,000) to Level 5 ($200,000) depending on what happened to you as a student at a Day School.
It is important to put forth your full story in order to receive the highest compensation that you deserve.
Claims at the higher Levels 2-5 require some supporting documentation to best prove your claim, including a written narrative detailing the abuse and harm you suffered. However, if other supporting documentation listed on the claim form is unavailable or missing, you may fill out a Part 6 Sworn Declaration declaring that the information you provided is true to the best of your knowledge and have the declaration signed by a Guarantor, who sees you sign the declaration.
Once the Claim Form and all supporting documentation is complete, they are sent to the Claims Administrator (Deloitte).
The Claims Administrator will determine eligibility, Level of harm, and compensation amount based on the information and supporting documentation you provide.
If your claim is denied or your requested level of compensation is lowered by the Claims Administrator, there is a time sensitive Reconsideration or Appeal process (120 days after recieving your decision).
How to do a claim – Level 1 – $10,000
What information is needed?
- Years attended.
- Have a witness, 18 years of age or older.
- No need to provide a narrative/ description of your Day School experience or support/evidence.
- Provide any form of Government ID.
Helpful Tips
- Provide any form of Government ID (Valid).
- Provide any form of Government ID (Sworn Declaration if no ID).
- No personal nick names of yourself or the school.
- Double check and complete the entire application form.
- If handwritten make sure it is printed clearly.
Level 1 SIMPLE and STRAIGHTFORWARD which is a concern in many communities, that survivors will settle for less when they are eligible for a higher level/higher compensation.
How to prepare a claim
Harm Level 1: Verbal/Physical Abuse
Settlement award level: $10,000
This level does not require a written narrative of the abuse you suffered and does not require any further documentation.
However, do not be tempted to take this level just because it is easiest and will just require that you check the box.
You deserve fair compensation for the abuse and harm you experienced. Review level 2-5 and speak with a lawyer if you are unsure which level to seek.
Levels 2-5 Evidence of Attendance
- The test is set out in the harms grid/levels. Different tests are used for different levels of harm.
- Details required to meet these tests provide the evidence required to put forth your best claim to the Administrator.
- EXAMPLE: Dentist Abuse Claim.
Documentary Evidence/Support for Levels 2-5
Some examples of harm and required evidence/support
Additional Supporting Documentation for Higher Level Claims
Claims relating to dentist abuse are potentially Level 4 claims.
Missing Records?
Best Evidence
If you are missing one or more records, a Sworn Declaration (Part 6) of the Applications/Claims Form is important.
A Sworn Declaration is a statement signed by the claimant and any one of the following Guarantors:
- Notary Public or Commissioner of Oaths
- Elected Official or Community leader (e.g. Chief, Councilor)
- Other Professional (e.g. Lawyer, Doctor/Physician, Accountant (CPA), Teacher, Police Officer)
Put your best claim forward with objective evidence/support if available
The Administrator has set out that you cannot amend your claim after June 15, 2020
The Reconsideration/Appeal process is time sensitive
Solid Experience
Fair Process
Trauma Informed
