Court dismisses administrative appeal brought by students against L-C school district
By
Brandy Chandler-brandychandler@gmail.com
An administrative appeal brought by three students against the Lynchburg-Clay Local Schools has been dismissed in Highland County Common Pleas Court.
According to an entry filed Monday in the Highland County Clerk of Courts Office by visiting Judge Dale Crawford, "The court having been advised that all issues in controversy had been resolved herein, it is hereby the order of this court that the appeal filed herein by appellant is hereby dismissed with prejudice, with costs taxed to appellant (the students)."
Attorney Bruce Wallace, who represented the three students, declined to comment on the matter until he spoke to his clients' guardians.
Ryan LaFlamme, attorney for the school district, did not immediately return calls seeking comment.
The three Lynchburg-Clay High School students filed the administrative appeal against the Lynchburg-Clay Board of Board of Education and superintendent to appeal a 10-day suspension and expulsion that resulted over an alleged hazing incident at a sports practice in the fall of 2010.
Following the alleged incident, which allegedly occurred Oct. 22, LCHS principal Linda Hatten requested the Highland County Sheriff's Office begin an investigation, and findings were transferred to the Highland County Prosecutor's Office. According to the case file, the prosecutor's office wrote that charges "are not necessary at this time."
An evidentiary hearing had beens scheduled for May 23, but the case was dismissed so the parties did not appear.
During a hearing held April 8, Crawford said had read the case file and knew what the original allegations were, which regarded alleged hazing of an alleged sexual nature.
"At least part of the case was presented to the prosecutor," Crawford said. "There are some allegations ... that (would be) a felony of the first degree. There have been cases across the nation regarding hazing that have resulted in felony charges."
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."
The students had appealed Hatten's punishment to the superintendent, who upheld the suspension following a hearing on Dec. 1, 2010. Hawk issued his decision Dec. 23.
An administrative appeal brought by three students against the Lynchburg-Clay Local Schools has been dismissed in Highland County Common Pleas Court.
According to an entry filed Monday in the Highland County Clerk of Courts Office by visiting Judge Dale Crawford, "The court having been advised that all issues in controversy had been resolved herein, it is hereby the order of this court that the appeal filed herein by appellant is hereby dismissed with prejudice, with costs taxed to appellant (the students)."
Attorney Bruce Wallace, who represented the three students, declined to comment on the matter until he spoke to his clients' guardians.
Ryan LaFlamme, attorney for the school district, did not immediately return calls seeking comment.
The three Lynchburg-Clay High School students filed the administrative appeal against the Lynchburg-Clay Board of Board of Education and superintendent to appeal a 10-day suspension and expulsion that resulted over an alleged hazing incident at a sports practice in the fall of 2010.
Following the alleged incident, which allegedly occurred Oct. 22, LCHS principal Linda Hatten requested the Highland County Sheriff's Office begin an investigation, and findings were transferred to the Highland County Prosecutor's Office. According to the case file, the prosecutor's office wrote that charges "are not necessary at this time."
An evidentiary hearing had beens scheduled for May 23, but the case was dismissed so the parties did not appear.
During a hearing held April 8, Crawford said had read the case file and knew what the original allegations were, which regarded alleged hazing of an alleged sexual nature.
"At least part of the case was presented to the prosecutor," Crawford said. "There are some allegations ... that (would be) a felony of the first degree. There have been cases across the nation regarding hazing that have resulted in felony charges."
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."
The students had appealed Hatten's punishment to the superintendent, who upheld the suspension following a hearing on Dec. 1, 2010. Hawk issued his decision Dec. 23.