Flames shoot from old soap factory on Linden Avenue in Dayton - WHIO

The Tri-Village Board of Education upheld the suspensions of four students, stemming from a hazing investigation, Thursday night.

  • The school board met for more than three hours in a private session.
  • The board heard appeals from students who have been suspended in connection to hazing activity among members of the boys’ high school basketball team.
  • Three boys came forward and said they were victims, but how many students are involved has not been released.

“After hearing the suspension appeal and considering all evidence, the board affirms the order of suspension,” said Tim Bevins,  education board president.

The Darke County Sheriff’s Office is investigating the matter, and said misdemeanor charges could be levied.

The sheriff’s office has forwarded evidence for the prosecutor’s office to review, said Chief Deputy Mark Whittaker.

The specific behavior alleged has not been released. “We want to respect the privacy, some of the details are potentially embarrassing for the victims,” said Whittaker, who said the allegations do not involve potential sex crimes.

Following the meeting, none of the parents or board members would comment.

On Thursday afternoon, the county sheriff’s office said three alleged hazing victims, reportedly involving the school’s basketball team, came forward.

Deputies determined that none of the reporting victims have shared anything that would rise to the level of a sexual offense, Whittaker said.

The Tri-Village school board has scheduled a “special session in order to conduct and decide suspension appeals” on Thursday night at the board of education office.

Officials have not said if those suspension appeals are in connection to any possible disciplinary action that’s been handed down as a result of the sheriff’s office’s investigation into alleged hazing at the district.

Earlier this week, the Ohio High School Athletic Association said the investigation into allegations of hazing on the Tri-Village High School basketball team is a legal matter and the organization is not taken any action at this time.

In a written statement on Wednesday, the athletic association said, “The OHSAA is aware of this situation, but it is now a legal matter with the Darke County Sherriff's Office, and it is a situation that the school district must handle first, according to its athletic code of conduct, so the OHSAA will not be involved until after the legal system and school have addressed it. In most cases, the OHSAA does not get involved in those kinds of situations that happen away from the competition field/court, since the legal system and school handle the discipline.”

OHSAA released the statement almost a week after sheriff's detectives began an investigation into the incident on Dec. 15. Four days later, the sheriff's department issued a statement to the media stating detectives conducted interviews with "approximately 11 people" and that "preliminary information supports that misdemeanor hazing incidents have occurred among students on the Tri-Village High School basketball team."

Comments found on social media posts question the term "misdemeanor hazing," referencing that nudity was involved and leaving some to wonder why the alleged incident is not being labeled sexual assault.

"What people don't understand is that in order for an incident to have the elements of a sexual assault, it must have a sense of sexual gratification for the perpetrator," Whittaker said on Dec. 20. "That's not what's going on here."

Whittaker went on to say the investigation was continuing and the evidence collected thus far supports the misdemeanor hazing term.

"The victims who are coming forward are not sharing that info with us," Whittaker said of alleged sexual conduct. "All I can report is what is being reported to me."

Whittaker also cited lack of education on the part of the public as to Ohio law regarding sex offenses, which may be causing false information to be spread.

On Wednesday, Prosecutor Kelly Ormsby said he "could not discuss it too much in detail" due to waiting on the final report from the sheriff's office.

"From what I understand so far whatever it might be was not done for the purpose of sexual arousal or gratification for the people involved," Ormsby said.

Ormsby also referenced Ohio law, stating "touching, whatever it might be has to be done for the sexual arousal or gratification. It doesn't look like that was done. It was more harassment than sexual touching."

Ormsby said he was given a verbal briefing by Whittaker and one of the detectives conducting the investigation prior to making the decision on Dec. 19 to label the incident fourth degree misdemeanor hazing.

"The detectives will give me the full report sometime soon," Ormsby said. At that time, he said, he will determine what charges may be filed.

Ormsby also said he would be talking to the "victims and families about what they want to see happen. I won't be making a final decision (as to possible charges) until I see the final report and talk to the people involved."

The sheriff's department's Dec. 19 press release stated school officials are cooperating with the investigation.

Superintendent Josh Sagester, who also works as the head basketball coach, was contacted by the Early Bird late Monday for comment.

Due to "student privacy and confidentiality," Sagester said, " I cannot respond to questions. We are cooperating in the sheriff's investigation."

The Tri-Village Board of Education held a meeting Dec. 19, but would not respond to public questions or statements regarding the investigation.

The education board members immediately went into a closed executive session for over an hour. 

About 30 people attended the meeting. 

The closed meeting was held the same day the Darke County Sheriff’s Office announced the law enforcement agency was notified, On Dec. 15, of possible incidents of hazing occurring at the high school. 

Detectives learned that Tri-Village school officials had already started an investigation and disciplinary process based on some of the allegations.

Over 10 people have been interviewed as part of the investigation.  

"Preliminary information supports that misdemeanor hazing incidents have occurred among students on the Tri-Village High School basket ball team,” said Chief Deputy Mark Whittaker in a release. “The evidence at this time indicates that school staff responded to the incidents as soon as it was reported to them.”

Whittaker said there’s no evidence of sexual assault or felony conduct.

Early Bird contributed this report

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