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Portage County trial court’s band camp hazing decision affirmed
TRACEY BLAIR
Legal News Reporter
Published: November 26, 2021
Two Streetsboro High School music teachers sued the school system for defamation after they were fired over hazing accusations at band camp.
The 11th District Court of Appeals recently determined a Portage County trial court did not err by granting the school district’s motion to dismiss the case.
Plaintiffs Gretchen and Thomas Weaver, along with Shane and Scott Ellsworth, appealed the trial court’s order granting summary judgment in favor of all defendants—Matthew and Shannon Deevers; Ginger and Jeffrey Maines; Streetsboro City Schools; Superintendent R. Michael Daulbaugh; Assistant Superintendent Aireane Curtis; School Board President Brian Violi, and previous School Board President John Kelly.
Each summer for the past 25 years, the high school band directors have conducted a marching band camp at Camp Muskingham in Carroll County. In 2016, the Deevers’ daughter, M.D., was an incoming senior member of the band, and the Maines’ Daughter, S.M., was an incoming freshman member of the band. Both students attended the 2016 band camp.
On Aug. 1, 2016, a few hours after band camp had concluded, the Deevers complained that hazing and harassment had occurred at band camp. The next day, Ginger Maines filed a similar complaint.
The teachers denied all allegations and were eventually terminated. After appealing the board’s decision, an appointed referee found the activities did not rise to the level of hazing.
In 2019, the teachers – who had not yet found work as teachers or band directors - challenged the board’s decision in Portage County Common Pleas Court, seeking damages against all defendants for alleged defamation, intentional infliction of serious emotional distress, civil conspiracy, and loss of consortium.
The trial court held the Board was entitled to R.C. Chapter 2744 immunity on all claims. The teachers alleged a robocall sent to all parents in the district from the superintendent about the alleged hazing was unfairly accusatory.
The call stated in part:
“The band program has been suspended until we finish our investigation into claims that students may have been hazed, demeaned and belittled during the recent band camp. I am aware of many postings on social media that would excuse the behavior as tradition or team building and group acceptance. Pushing underclass students into a lake at night in the dark without inquiring if they can swim, demeaning and mocking underclassmen in band camp skits and wrapping students in plastic wrap either to another student or to a tree are unacceptable initiation traditions. While these kinds of hazing rituals may have been the pattern and practices for decades, they are in direct violation of the established School Board policies.
The Streetsboro schools have zero tolerance for hazing, bullying or conduct that is demeaning or belittling to students. The fact that some excuse it as steeped in tradition is irrelevant and frankly it’s disheartening.”
The appellate court noted the defendants had a duty to ensure the safety and welfare of students.
“In the performance of that duty, the statements were communicated to parents in the school district to further their corresponding interest in the safety and welfare of their children,” appellate Judge Thomas R. Wright stated in his opinion. “We likewise conclude that the Deevers’ e-mail and Mrs. Maines’ e-mail are protected under the inverse application of the same qualified privilege, as they have an interest in the safety and welfare of their children and communicated statements of concern to school officials with a duty to ensure the students’ safety and welfare.
“Moreover, appellants have not offered any evidence that the statements were not made in ‘good faith’ or were made with ‘actual malice.’ Statements are made with ‘actual malice’ when they are made with knowledge that they are false or with reckless disregard as to their truth or falsity.”
In addition, Judge Wright noted the superintendent did not accuse either teacher of being the perpetrators of the alleged hazing, so summary judgment in favor of the defendants on the claim of defamation was proper.
The appellate panel also disagreed the defendants intentionally inflicted emotional distress by “broadcasting” the alleged defamatory statements.
Appellate judges Mary Jane Trapp and Matt Lynch concurred. The case is cited Weaver v. Deevers, 2021-Ohio-3791.