Judge advises LC students 'some allegations would be a felony'
By
Brandy Chandler-brandychandler@gmail.com
A judge has said students who may be asked to testify during a hearing regarding an administrative appeal on disciplinary action from the Lynchburg-Clay Local Schools need to be informed of the possible criminal ramifications of their testimony. The judge advised they speak to criminal attorneys.
A hearing was held Friday in Highland County Common Pleas Court for three Lynchburg-Clay High School students who have a filed a civil 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.
Although there are three separate cases, the three students are represented by Bruce Wallace of Mt. Orab, and one hearing was held Friday on behalf of all three students.
Judge Dale Crawford, of Franklin County, is the presiding judge on the case. Highland County Common Pleas Court Judge Rocky Coss recused himself because one of the students is related by marriage to a court employee.
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."
Crawford asked if the plaintiffs (the students) planned on presenting any witnesses. Wallace said that 4 to 10 witnesses could be called, and would include Hatten, and the three students who filed the appeal, and possibly other students.
The judge said he 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."
Crawford said that any students who testify need to be made aware that there are "serious ramifications" and they could be "subject to a felony, and I would have an obligation to take certain information to the prosecutor's office."
The students called to testify, Crawford said, should speak to a criminal attorney so they understand the "serious ramifications" and that they have the right "not to incriminate themselves."
Crawford said there was something of a conflict because Wallace represented all three students. He said that one student may feel he may not want to testify so as not to incriminate himself, but that might be in conflict to the interests of the other clients. Crawford said he wanted to make sure each student was aware of his rights.
"If their actions did involve criminal activity, it could be very serious, and they might not choose to proceed. The school board has the right to cross examine," Crawford said.
According to the investigation notes from the HCSO, four students were given a 10-day suspension and expulsion over the alleged incident, and they were not permitted to participate in a championship sporting event.
The attorney for the school board, Ryan LaFlamme, said the school board did not understand what "relief" the students were seeking through the appeal.
Wallace said it was to have the expulsion void.
LaFlamme said that the students have served the 10-day suspension, but not the expulsion, and that the school had agreed that if they were not in any trouble for the remainder of the year the punishment would be "wiped from the record."
Crawford said that they had a right to appeal because a form of punishment had been administered and that there really was no such thing as "wiping" something from the record.
"The truth of the matter is, nothing can be wiped from the record," Crawford said. "It's out there. It's in the newspaper."
Although the students' names are public record, The Highland County Press has elected to not identify them 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."
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.
Six tapes of the superintendent's hearing had been submitted into evidence, and sealed by the court. Crawford ordered that the tapes be transcribed at the expense of the plaintiffs and defendants.
According to court documents, the superintendent's hearing denied the students their right to due process because they 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."
Crawford ordered that the plaintiffs file a list of witnesses, and what they intend to learn from those witnesses, with the court by April 22. The defense had until May 6 to respond. An evidentiary hearing has been scheduled for May 23.[[In-content Ad]]
A hearing was held Friday in Highland County Common Pleas Court for three Lynchburg-Clay High School students who have a filed a civil 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.
Although there are three separate cases, the three students are represented by Bruce Wallace of Mt. Orab, and one hearing was held Friday on behalf of all three students.
Judge Dale Crawford, of Franklin County, is the presiding judge on the case. Highland County Common Pleas Court Judge Rocky Coss recused himself because one of the students is related by marriage to a court employee.
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."
Crawford asked if the plaintiffs (the students) planned on presenting any witnesses. Wallace said that 4 to 10 witnesses could be called, and would include Hatten, and the three students who filed the appeal, and possibly other students.
The judge said he 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."
Crawford said that any students who testify need to be made aware that there are "serious ramifications" and they could be "subject to a felony, and I would have an obligation to take certain information to the prosecutor's office."
The students called to testify, Crawford said, should speak to a criminal attorney so they understand the "serious ramifications" and that they have the right "not to incriminate themselves."
Crawford said there was something of a conflict because Wallace represented all three students. He said that one student may feel he may not want to testify so as not to incriminate himself, but that might be in conflict to the interests of the other clients. Crawford said he wanted to make sure each student was aware of his rights.
"If their actions did involve criminal activity, it could be very serious, and they might not choose to proceed. The school board has the right to cross examine," Crawford said.
According to the investigation notes from the HCSO, four students were given a 10-day suspension and expulsion over the alleged incident, and they were not permitted to participate in a championship sporting event.
The attorney for the school board, Ryan LaFlamme, said the school board did not understand what "relief" the students were seeking through the appeal.
Wallace said it was to have the expulsion void.
LaFlamme said that the students have served the 10-day suspension, but not the expulsion, and that the school had agreed that if they were not in any trouble for the remainder of the year the punishment would be "wiped from the record."
Crawford said that they had a right to appeal because a form of punishment had been administered and that there really was no such thing as "wiping" something from the record.
"The truth of the matter is, nothing can be wiped from the record," Crawford said. "It's out there. It's in the newspaper."
Although the students' names are public record, The Highland County Press has elected to not identify them 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."
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.
Six tapes of the superintendent's hearing had been submitted into evidence, and sealed by the court. Crawford ordered that the tapes be transcribed at the expense of the plaintiffs and defendants.
According to court documents, the superintendent's hearing denied the students their right to due process because they 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."
Crawford ordered that the plaintiffs file a list of witnesses, and what they intend to learn from those witnesses, with the court by April 22. The defense had until May 6 to respond. An evidentiary hearing has been scheduled for May 23.[[In-content Ad]]