Chambersburg Area School District sued over handling of alleged swim team harassment

CHAMBERSBURG - Two former Chambersburg Area Senior High School students sued the district earlier this year in federal court, accusing it of improperly handling the investigation into harassment allegations involving the swim team.

Andrew David Leeper, 19, and Jack Martin, 20, both represented by attorneys with Killian and Gephart, LLP in Harrisburg, filed the suits about a month apart from each other in May and June 2017, respectively, alleging the Chambersburg Area School District violated their rights to due process. Court records indicate a third student - who was a co-captain of the swim team with Leeper and Martin - was suspended, but a third lawsuit was not filed.

District Superintendent Joseph Padasak, former CASHS Principal Burdette Chapel, current interim Principal Brad Ocker, Athletic Director Jeremy Flores and Chief of the CASD Police Department Paul Weachter are each individually named in the suit along with the district as a whole. 

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Martin's suit was dismissed on Tuesday, with court documents showing that a settlement was reached in the case. Leeper's case is ongoing, and has a preliminary hearing scheduled for next year. Court records also show he and his attorney are working with the district to come to an out-of-court resolution. 

The district filed motions to dismiss both lawsuits, court records show.

School district spokesperson Tammy Stouffer released this statement from the district solicitor on the case:

"The parties in the Jack Martin matter were ordered by the Court to participate in a mandatory settlement conference.  As a result of that process, the parties reached an agreement in principle on certain essential issues.  The terms of a full and comprehensive agreement have not yet been reduced to writing, finalized, or approved by the Board of School Directors.  The litigation in the Andrew Leeper matter is ongoing."

Leeper and Martin were co-captains of the CASHS swim team in February 2016, when allegations arose related to an incident of possible harassment within the team.

The complaint Leeper filed states that as of Feb. 5, 2016, he was the senior class president, an honor student and had never received discipline of any kind from the district.

On that date, Leeper was ordered by his coach to speak with Ocker and Flores, whom he alleges interrogated him about an "incident of bullying" that occurred the day before, according to Leeper's complaint. 

Leeper denied any involvement with the incident during these sessions, according to his complaint. 

Martin's complaint is similar, stating that he had a 3.4 GPA, had been successfully completing honors and AP classes, and had not received any discipline of any kind prior to Feb. 8, 2016.

That day, Martin was told to go to the office of Michelle Holtry, the assistant principal at the time.

When Martin arrived, Weachter and Holtry allegedly questioned him for more than an hour about the Feb. 4 incident, according to Martin's complaint. 

His complaint states that he told Weachter he was not present during the incident, and had only heard about it second hand, but was still pressed to answer Weachter's questions.

Martin was not comfortable answering without his parents or legal counsel, and the complaint states that he did his best to resist Weachter's questioning.

Weachter - who leads CASD's full-fledged police department - allegedly did not inform Martin of his Miranda rights during the interview, or that he had the right to leave the interrogation at any time, the complaint states.

Martin described Weachter as growing "visibly frustrated" over his reluctance to answer questions.

Holtry then left the room, Martin's complaint states. Despite Weachter "knowing" that Martin was not present during the incident, he told Martin that he found his conduct "disgusting," according to Martin's complaint. 

Weachter allegedly told Martin if he was "'telling the truth' and 'has nothing to hide,' he needed to write a statement," the complaint states. 

The same day, the boy's swim coach, Chad White, held a team meeting during which he told members that an investigation was ongoing and that team practices were suspended until further notice.

On Feb. 9, 2016, Ocker allegedly called Martin's parents and "demanded" Martin come back for further questioning, Martin's complaint states. 

During the questioning, Martin alleges that Ocker and Weachter were using an "accusatory style" of questioning, and when Martin's father told them Martin would not answer anymore, Weachter allegedly accused the two of being uncooperative and left the room, the complaint states. 

On Feb. 10, the high school administration convened a "special meeting" for all teachers to alert them to the allegations. The administration asked teachers to listen to conversations between students regarding the incident and to report information to the administration.

The same day, Leeper and his family were informed that Leeper was suspended for five school days. When Leeper's father asked about the basis of the decision and opportunity to defend against the suspension, Ocker allegedly told him "the decision was final and that team captains, (like Leeper) are held to a high standard," according to Leeper's complaint. 

Leeper was told the decision came after a recommendation by Weachter, and was determined by Weachter, Padask and Ocker. Leeper was also removed from the swim team, was barred from practices and meets, and was prohibited from the senior class trip at the end of the school year.

Martin's parents were told to go to the high school on Feb. 11, 2016, so they could "receive" Martin's discipline, according to his complaint. Ocker allegedly told Martin "the good news was that he was not going to be charged with a criminal offense," the complaint states. 

Ocker said Martin was suspended for five days, effective immediately, removed from the swim team and prohibited from the class trip.

"Despite knowing (Martin) was not directly involved in the incident," Ocker told Martin and his parents that Martin was being punished because he was co-captain of the swim team and "he failed to 'prevent' the alleged incident," according to Martin's complaint. 

Martin's complaint also states: "Despite having knowledge of the alleged incident and the vents leading thereto, none of the coaches of the swim team were disciplined in connection with the instant action."

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The incident

The incident itself is never outlined in documentation from school officials, however Martin's sworn statement related to the allegations, which describes the incident, is an exhibit in his lawsuit.

In the letter, Martin states that someone on the team started a "practical joke" called "Star-fishing." The action involved putting one's "hands together in front of you like you are praying and form a point and then you aim at someone's butt crack and attempt to hit them there with your hands."

Martin's statement says that when someone was star-fished, they were either fully clothed or were wearing swim trunks. He also states there was no skin-to-skin contact; no touching of a person's genital area, and that it was not done with sexual intention; it was not done in a hazing manner or with hazing intent; was never done to cause anyone physical harm; and was done as a practical joke to "surprise and alarm an unsuspecting person."

Martin's statement ends by saying on Feb. 3, he was in the boy's locker room at the Chambersburg Memorial YMCA, located across McKinley Street from CASHS, where the team practiced. The locker room was divided into two areas, and Martin said he was in a separate area while the rest of the swim team was in the other area.

"I heard a scream from the other area of the locker room and I could tell it was (the unidentified victim)," Martin wrote. "I did not know what had happened to (the victim). I could not see who was involved in the incident and did not hear any conversations that took place prior to the incident. I was not a witness to the incident in any way."

The victim's name is redacted from all court documents, but is shown to be a then-14-year-old boy.

Martin's complaint also states that at one point during the investigation, the victim's mother contacted the administration to tell them that Martin was not present during the incident, had done nothing wrong and should not be punished.

Leeper's attorneys began contacting Padasak explaining that Leeper was being disciplined "without legally required procedures" on Feb. 11, which Padasak responded to by saying communications should be directed to the school solicitor and the suspension was not overturned, Leeper's complaint states. 

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The aftermath

On Feb. 22, Padasak went on a public radio station where he spoke about a "bullying incident" involving the boy's swim team. Padasak allegedly spoke about the consequences for the behavior and explained lawyers were involved.

Both Leeper and Martin claim it was clear that Padasak was referring to them and the other students that had not recently been in school.

Martin's complaint states that when he returned to school, he was harassed by fellow students and was the "subject of rampant rumors based on false information propagated by Defendants." 

Leeper's complaint states that when he returned to school, he heard students and employees making false and negative comments regarding members of the high school boys' swim team, including himself."

The comments could also be seen on social media, according to Leeper's complaint.

Martin claims he too saw the false rumors about him sexually assaulting children which spread on social media, and because of the incident he could no longer rely on contacts within the community for future employment references.

The incident report which was shown to Leeper at one point states that the only offense listed is "breaking school rules," according to Leeper's complaint, and "incorrectly states that (Leeper) was involved in a hazing incident with the swim team."

Leeper feels the report mischaracterized the process they went through, and his complaint states that "parents wish to appeal" despite them never being given information on how or when to appeal.

Leeper also was required to undergo impeachment proceedings in his role as class president, which included a meeting on March 3, 2016, in front of several students and three additional district employees.

Chapel and Ocker allegedly accused Leeper of "engaging in misbehavior" and "asserted" that Leeper had previously admitted to engaging in the misbehavior, according to Leeper's complaint.

Leeper specifically denied his involvement with the incident, and the student officers unanimously voted to retain Leeper as their class president.

Leeper's complaint details two different incident reports, with the one sent after the impeachment hearing listing a second offense as "hazing" instead of just "breaking school rules," according to his complaint. Both incident reports were used as exhibits in the lawsuit.

Martin only received the second report, according to his complaint. Neither student was given specific details regarding their suspension, nor were any hearings held prior to their suspensions before the suspensions and other discipline were implemented.

Both lawsuits claim neither student was given an opportunity to produce witnesses on their own behalf.

Leeper has had additional witnesses tell him that the rumors included that he was involved with "touching freshman boys," Leeper's complaint states. 

Martin's complaint states he was required to note he received a disciplinary suspension on college applications. He was also required to report his suspension to a military recruiter, and the suspension is noted in his military record. Litigation related to the case in the Franklin County Court of Common Pleas in July 2016 led to his school suspension being removed from his academic record, and a note showing that was added to his military file. 

The case came before a county judge after Leeper filed a petition to declare that the district's actions against him were improper. The judge sided with Leeper and determined he should not have been subject to the suspension. However, Leeper later in July asked the court to discontinue the court's actions on his behalf, and in the end Martin and the other co-captain had their suspensions vacated while Leeper's was not. 

In his complaint, Leeper also states that colleges and universities were waiting to discuss scholarships until after they saw him compete in the district and state championships, but when he was barred from the team and these events, all communications with the institutions stopped.

Leeper said the district's actions caused stress-related medical symptoms that required medical care, while Martin states that such actions caused him stress and anxiety due to the accusations.

More about the lawsuits

Everyone named in both lawsuits were accused of denying Leeper and Martin due process of law, with the students stating that their standings with students and teachers were damaged. 

The lawsuits state that because they denied the charges against them, the students were entitled to an explanation of the evidence and to have an opportunity to present their sides at an informal hearing.

All defendants listed in Martin's suit were also accused of denial of substantive due process, including having Weachter interrogate Martin without reading Miranda rights, or informing him that he was free to leave. Martin's suit was settled out of court on Tuesday. 

Both complaints have a count referring to the district allowing administrators such as Chapel, Padasak, Ocker and Flores "to deprive students of their right to due process of law," as a policy.

Leeper specifically has a count related to Weachter and negligence, stating that Weachter acted outside the scope of his "employment" by investigating the incident, despite it happening off of school grounds. 

Leeper also states that despite Weachter knowing Leeper was not involved, he encouraged punishment on the sole basis that Leeper was the captain of the swim-team.

Both students had asked the defendants to award damages to the extent permitted by law for the harm they sustained and punitive damages. They also asked for an issuance of declaratory relief, declaring that the district's "disciplinary practices violate the due process clause" of the 14th Amendment, and injunctive relief "enjoying Defendants from continue its practice of depriving students of due process protections."

Attorneys for Leeper and Martin did not respond to email requests for comment.

Becky Metrick, 717-262-4762