mercredi 16 mars 2011

Notre Dame Faulted in Student Death

The University of Notre Dame was cited Tuesday for violating Indiana safety laws when a student employee fell to his death in October after being ordered to videotape a football practice from a scissor lift during a wind storm.

A four-month investigation by the Indiana Department of Labor concluded that an unidentified athletic-department supervisor knowingly placed at risk the life of Declan Sullivan, by instructing him to ascend 35 feet in the lift amid gusts the National Weather Service had warned could reach 60 miles per hour.

Mr. Sullivan, 20 years old, stood atop the lift in howling winds on the afternoon of Oct. 27 and sent Tweets to friends expressing fear for his life. Minutes later, the lift toppled. Two other students who had been dispatched atop separate lifts quickly descended following the accident.

"The evidence overwhelmingly demonstrated that the university made a decision to utilize its scissor lifts in known adverse weather conditions," said Lori Torres, a state Department of Labor commissioner, describing the "knowing citation" issued against Notre Dame as "the most serious safety violation."

The department charged Notre Dame with six safety violations and levied fines totaling $77,500. Under law, Notre Dame has 15 days to pay the fines or appeal the findings.

In a statement, Notre Dame President John I. Jenkins reiterated his concession of last November that "we failed to keep [Declan Sullivan] safe, and for that we remain profoundly sorry."

Notre Dame's own investigation into the accident will be concluded in four to six weeks, and will be made public, said John Affleck-Graves, executive vice president of Notre Dame and the leader of that inquiry.

The state investigation found that university officials had failed to service the lifts, train students who used them and follow safety instructions, including keeping operating manuals aboard.

Mr. Sullivan belonged to a Chicago-area family with deep ties to Notre Dame. His parents, Barry and Alison Sullivan, praised the Indiana investigation and expressed the hope that other schools would follow Notre Dame's lead in halting use of the hydraulic lifts. "We are grateful for the respect shown us over the past several months by everyone connected with Notre Dame," the statement said.

In an interview, family spokesman H. Michael Miley, the late student's uncle, said he didn't know whether Mr. Sullivan's parents would consider filing civil litigation. "My belief is that they're focused on making sure others will learn from this," said Mr. Miley. "I'm not so sure that litigation would do anything but impede that process."

Write to Kevin Helliker at kevin.helliker@wsj.com

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