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 State
of Oregon
DEPARTMENT OF JUSTICE
Attorney
General
FOR IMMEDIATE
RELEASE: Media Releases
February 11,
2002
Attorney
General Files Agreement With Obsidian Services, Inc. of Bend
Attorney General
Hardy Myers today announced a settlement agreement with Obsidian
Services, Inc. of Bend. The company, which does business in Oregon
as Obsidian Trails, operates a wilderness program for teenagers. The
Assurance of Voluntary Compliance was filed in the Linn County
Circuit Court and requires the program and its owner, Gregory
Bodenhamer of Bend, to adhere to rigorous safety standards and to
immediately meet new state guidelines for the operation of outdoor
youth programs.
The agreement,
which admits no violation of law, settles a complaint filed by the
Department of Justice on February 1, 2002 that alleged numerous
violations of the state’s Unlawful Trade Practices Act and civil
racketeering laws. The charges included a misrepresentation by the
defendants of their safety procedures, the criminal mistreatment of
youth in the program’s care and creating a substantial risk of
serious physical injury to the youth in its care, as well as other
allegations of misconduct.
"Protecting the
safety of the children in the Obsidian Trails Program is our most
important objective." Myers said. "This settlement holds the
defendants accountable for each and every teenager in their care."
The agreement
allows the students to continue in the program but requires the
company to have a registered nurse (RN) or emergency medical
technician (EMT) trained in wilderness rescue techniques visit all
sites no less than twice a week to evaluate the health and safety of
the participants. Additionally, a licensed RN must be on call at all
times and every site at which the program operates must have an
emergency response vehicle available should the need arise.
Obsidian Trails
must establish a protocol for providing immediate treatment to
participants who state they have a serious medical condition or
exhibit the symptoms of such a condition.
The defendants
also must comply with state administrative rules governing the
operation of an outdoor youth program, even though the regulations
will not go into effect until March. Based on a law passed by the
2001 Legislature, as of March 1, 2002, the Department of Human
Services will be responsible for licensing all Oregon outdoor youth
programs. Obsidian Trails will only be allowed to continue
operations after March 1 if it is granted a license under this new
law.
Additionally,
the agreement provides the state with broad oversight capability,
including review of advertising materials and review of new safety
protocols and access to all Obsidian Trails operation sites.
The agreement
also requires Obsidian Services, Inc. to pay $5,000 to the Oregon
Department of Justice Consumer Protection and Education Fund.
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CONTACT: Kristen
Grainger or Kevin Neely, (503) 378-6002
Jan Margosian,
(503) 378-4732
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