Court hearing set for students involved in alleged hazing at LCHS
By
Brandy Chandler-brandychandler@gmail.com
A hearing has been scheduled for Friday in Highland County Common Pleas Court for three Lynchburg-Clay High School students who have a filed an administrative appeal against the Lynchburg-Clay Board of Board of Education and superintendent to appeal a 10-day suspension that was administered over an alleged hazing incident in the fall of 2010.
According to documents filed in the Highland County Clerk of Court's Office, the three students are represented by attorney Bruce Wallace of Mt. Orab.
(Although the students' names are public record, The Highland County Press has elected to not identify them at this time.)
After receiving at least one telephone call and a letter to the editor regarding the incident, The Highland County Press made public records requests with the school district and Highland County Sheriff's Office last November. As there were no criminal charges filed, the HCP chose not to publish a story at that time.
At the request of LCHS principal Linda Hatten, the sheriff's office began an investigation, and findings were transferred to the Highland County Prosecutor's Office. According to the case file, the prosecutor's office wrote charges "are not necessary at this time."
According to court documents filed in three separate cases by each of the three students and their parents, they are appealing a "decision being made by R. Gregory Hawk, superintendent (at the time of the incident) and designee for the Lynchburg-Clay School District Board of Education. The aforementioned decision by Mr. Hawk as the designee for the board of education affirmed the expulsion and suspension [of the students]. Appellant states that this decision is not supported by reliable, probative, and substantial evidence and that this order or decision is not in accordance with law."
Judge Dale Crawford, a retired judge out of Franklin County, will preside over the case, after Highland County Common Pleas Court Judge Rocky Coss recused himself.
Coss said he felt it was proper to recuse himself from the case because one of the students, "is related to a court employee by marriage, and I didn't think it was appropriate to be involved."
According to court documents, the report from Hatten, audio records and transcripts of the appeal of the appeals hearing held by the district, were filed with the civil appeal, but have been sealed by the court.
According to investigation notes from the Highland County Sheriff's Office, Hatten contacted the HCSO on Oct. 25, 2010 "and requested an investigation concerning allegations of possible hazing at the Lynchburg-Clay High School involving several boys (on a sports team)."
Sheriff Ron Ward and Det. Sgt. Denny Kirk were notified of Hatten's request.
The investigation notes state that the alleged incident took place on Oct. 22 and regarded alleged hazing of a sexual nature before a sports practice. There were four alleged "suspects" and 10 alleged victims. All 14 students were interviewed by the school, according to the report.
"She (Hatten) stated all (students) admitted the incident took place, to varying levels, with some stating they were tackled but were unable to get away. One said they just laid there and took it."
Ultimately, Hatten suspended the four alleged perpetrators for 10 days, and prohibited them from playing in a championship sporting event. Hatten noted that some parents had objected to the punishment.
According to the investigation notes, "While Mrs. Hatten stated she stood behind the school issuing punishment, she stated she was uncertain how she felt about criminal charges, as at least one student is wanting to enter the Marines after high school."
A step-parent, who is a law enforcement officer who had at one time been an employee of the HCSO, contacted detectives regarding the incident, according to the investigation notes. The parent stated that the juvenile, "did not do this, he is a good kid." The detective advised him that he could not speak to him about the case and the investigating officer was notified.
"It was treated as any other case that comes through this office," Ward said this week. Ward also confirmed that the law enforcement officer was not commissioned through the HCSO at the time of the incident. "He would have held his commission through Clinton County at that time," Ward said, adding that the officer is currently a special deputy with the HCSO.
The sheriff's office, according to investigation notes, interviewed the legal guardians of the students involved. Some stated that the school's punishment was not enough and legal charges should be filed, some stated their child had been "humiliated" enough and they wanted nothing further done but that the "bullying" needed to stop. Another parents said it was not a criminal incident, others stated they felt the school's punishment was too harsh. One parent stated that similar incidents had been going on for years, and that coaches were aware of such activities.
After the HCSO completed the investigation, it was forwarded to the Highland County Prosecutor's Office. The investigation notes contains the following statement from the prosecutor's office:
"After review of the case file concerning the hazing incident at the Lynchburg-Clay High School, we are of the opinion that delinquent charges are not necessary at this time. It appears from the report that the families of all the victims were contacted and that none of them desire charges. Additionally, Ms. Hatten's statements indicate that the school thoroughly punished the juveniles in question and the school is not desirous of charges being filed.
"As such, we are inclined to follow the wishes of the victims and the school. The victims clearly do not want to suffer (any) more embarrassment from this incident and I can understand their feelings. If you disagree or have any questions, please contact me. Your hard work in ensuring the safety of the children of Lynchburg should be commended."
The students subsequently appealed Hatten's punishment to the superintendent, who upheld the suspension.
Hawk had announced his retirement in July 2010, and he officially retired in December 2010. The current superintendent is Shane Shope.
According to an affidavit filed with the appeal, a hearing was held before Hawk on Dec. 1, 2010 and his decision was issued Dec. 23, 2010.
"At the aforementioned hearing on Dec. 1, 2010, (the students were) not permitted to cross-examine witnesses purporting to refute the appellant's position, arguments and contentions, the testimony adduced was not given under oath and/or the appellant was unable to present evidence by reason of a lack of the subpoena of the Lynchburg-Clay Board of Education. For the aforementioned reasons, (the students) request that this matter be reheard upon the presentation of additional evidence in this case for assisting the court in making its determination according to law."
A hearing is scheduled for April 8 in Highland County Common Pleas Court.[[In-content Ad]]
According to documents filed in the Highland County Clerk of Court's Office, the three students are represented by attorney Bruce Wallace of Mt. Orab.
(Although the students' names are public record, The Highland County Press has elected to not identify them at this time.)
After receiving at least one telephone call and a letter to the editor regarding the incident, The Highland County Press made public records requests with the school district and Highland County Sheriff's Office last November. As there were no criminal charges filed, the HCP chose not to publish a story at that time.
At the request of LCHS principal Linda Hatten, the sheriff's office began an investigation, and findings were transferred to the Highland County Prosecutor's Office. According to the case file, the prosecutor's office wrote charges "are not necessary at this time."
According to court documents filed in three separate cases by each of the three students and their parents, they are appealing a "decision being made by R. Gregory Hawk, superintendent (at the time of the incident) and designee for the Lynchburg-Clay School District Board of Education. The aforementioned decision by Mr. Hawk as the designee for the board of education affirmed the expulsion and suspension [of the students]. Appellant states that this decision is not supported by reliable, probative, and substantial evidence and that this order or decision is not in accordance with law."
Judge Dale Crawford, a retired judge out of Franklin County, will preside over the case, after Highland County Common Pleas Court Judge Rocky Coss recused himself.
Coss said he felt it was proper to recuse himself from the case because one of the students, "is related to a court employee by marriage, and I didn't think it was appropriate to be involved."
According to court documents, the report from Hatten, audio records and transcripts of the appeal of the appeals hearing held by the district, were filed with the civil appeal, but have been sealed by the court.
According to investigation notes from the Highland County Sheriff's Office, Hatten contacted the HCSO on Oct. 25, 2010 "and requested an investigation concerning allegations of possible hazing at the Lynchburg-Clay High School involving several boys (on a sports team)."
Sheriff Ron Ward and Det. Sgt. Denny Kirk were notified of Hatten's request.
The investigation notes state that the alleged incident took place on Oct. 22 and regarded alleged hazing of a sexual nature before a sports practice. There were four alleged "suspects" and 10 alleged victims. All 14 students were interviewed by the school, according to the report.
"She (Hatten) stated all (students) admitted the incident took place, to varying levels, with some stating they were tackled but were unable to get away. One said they just laid there and took it."
Ultimately, Hatten suspended the four alleged perpetrators for 10 days, and prohibited them from playing in a championship sporting event. Hatten noted that some parents had objected to the punishment.
According to the investigation notes, "While Mrs. Hatten stated she stood behind the school issuing punishment, she stated she was uncertain how she felt about criminal charges, as at least one student is wanting to enter the Marines after high school."
A step-parent, who is a law enforcement officer who had at one time been an employee of the HCSO, contacted detectives regarding the incident, according to the investigation notes. The parent stated that the juvenile, "did not do this, he is a good kid." The detective advised him that he could not speak to him about the case and the investigating officer was notified.
"It was treated as any other case that comes through this office," Ward said this week. Ward also confirmed that the law enforcement officer was not commissioned through the HCSO at the time of the incident. "He would have held his commission through Clinton County at that time," Ward said, adding that the officer is currently a special deputy with the HCSO.
The sheriff's office, according to investigation notes, interviewed the legal guardians of the students involved. Some stated that the school's punishment was not enough and legal charges should be filed, some stated their child had been "humiliated" enough and they wanted nothing further done but that the "bullying" needed to stop. Another parents said it was not a criminal incident, others stated they felt the school's punishment was too harsh. One parent stated that similar incidents had been going on for years, and that coaches were aware of such activities.
After the HCSO completed the investigation, it was forwarded to the Highland County Prosecutor's Office. The investigation notes contains the following statement from the prosecutor's office:
"After review of the case file concerning the hazing incident at the Lynchburg-Clay High School, we are of the opinion that delinquent charges are not necessary at this time. It appears from the report that the families of all the victims were contacted and that none of them desire charges. Additionally, Ms. Hatten's statements indicate that the school thoroughly punished the juveniles in question and the school is not desirous of charges being filed.
"As such, we are inclined to follow the wishes of the victims and the school. The victims clearly do not want to suffer (any) more embarrassment from this incident and I can understand their feelings. If you disagree or have any questions, please contact me. Your hard work in ensuring the safety of the children of Lynchburg should be commended."
The students subsequently appealed Hatten's punishment to the superintendent, who upheld the suspension.
Hawk had announced his retirement in July 2010, and he officially retired in December 2010. The current superintendent is Shane Shope.
According to an affidavit filed with the appeal, a hearing was held before Hawk on Dec. 1, 2010 and his decision was issued Dec. 23, 2010.
"At the aforementioned hearing on Dec. 1, 2010, (the students were) not permitted to cross-examine witnesses purporting to refute the appellant's position, arguments and contentions, the testimony adduced was not given under oath and/or the appellant was unable to present evidence by reason of a lack of the subpoena of the Lynchburg-Clay Board of Education. For the aforementioned reasons, (the students) request that this matter be reheard upon the presentation of additional evidence in this case for assisting the court in making its determination according to law."
A hearing is scheduled for April 8 in Highland County Common Pleas Court.[[In-content Ad]]