By David Harry

Staff Writer

A South Portland vocational school is challenging a jury award to a Standish woman who claims she was wrongfully dismissed from the school.

A Cumberland County Superior Court jury on June 29 awarded former nursing student Aimee Helwig $300,000. Helwig claimed she was dismissed from California-based Intercoast Career Institute in retaliation for complaints of alleged sexual harassment by her former instructor, David Martin of Portland. 

Lawyers for the school filed a motion last week to seek a new trial or to reduce the judgment.

Helwig, whose age was not listed in court records, was awarded $150,000 for pain and suffering and lost wages, $100,000 because of school retaliation in dismissing her in October 2008, $30,000 in punitive damages and $20,000 for breach of contract, according to court documents.

Helwig was studying nursing at the school on Gannett Road in spring 2008 when she said Martin made sexual advances and inappropriately touched her, according to court documents. Helwig alleged Martin sexually harassed her in classes and gave her poor evaluations and grades when she rejected advances. She complained to school officials about his alleged behavior in classroom and clinical settings.

It took a jury about three hours to reach a decision. The trial began June 13 and was delayed several times, according to court records. The jury also decided the school did not slander or defame Helwig when it dismissed her. In their decision, jurors accepted her claims of harassment and retaliatory actions by Martin and the school, according to a court questionnaire that outlined the case and potential financial damages.

Intercoast Career Institute attorneys Jens-Peter W. Bergen and Neil Evans have asked Superior Court Justice Joyce Wheeler to grant a new trial or reduce the damages awarded because Helwig’s dismissal was from a school, not a job. They claim there is no evidence she lost wages of $150,000.

Bergen and Evans said testimony from Helwig’s classmates that corroborated Martin’s alleged behavior should not have been included in the trial because the accounts were not mentioned in Helwig’s complaint. 

Evans and Bergen argue the jury was prejudiced because Wheeler did not allow defense attorneys to include a note written by Helwig they said contradicted her claims against Martin and the school.

Court records show contrasting views of events that led to the suit. 

School attorneys in court documents called Helwig “an outspoken complainer on many issues.” They also allege Helwig accused a classmate who was getting better grades of granting the instructor sexual favors.

Evans said Helwig was given poor student evaluations by instructors other than Martin and some students did not want to work with her in clinical situations.

According to court records, Martin was no longer teaching at the school in fall 2009 but continued to work as a nurse with students in a clinical setting. Helwig was assigned to work with him in fall 2008 and then was moved to another setting at her request, according to court documents. Evans said school officials took action on her complaints and did not ignore them as she claimed.

Intercoast Dean Cynthia Brodie said Helwig was dismissed for violating the school’s code of conduct, according to court records. Brodie alleged Helwig was disruptive during clinical work at a nursing home before storming out and leaving a patient without proper care.

Court clerks said a no date has been set to hear the motions.