School Community

A Washington state teacher did not violate the due-process rights of a student with developmental disabilities who had sexual encounters in a bathroom with another special education student, a federal appeals court has ruled.

The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, came in a case in which a mother alleged that the teacher and other school officials failed to protect the 16-year-old female student, identified as A.H.

The student, who has mild mental retardation, had an individualized education plan that required she be supervised at all times she was out of her classroom, in part because of past incidents in which male students had sent her e-mails with graphic sexual references and urging her to take money from her mother’s purse.

During A.H.’s sophomore year at Kentridge High School in the Kent, Wash., school district, her teacher began allowing her to use a nearby bathroom. On two occasions, the girl had sex in the bathroom with a male classmate who also had a developmental disability, court papers say.

A.H.’s mother sued the Kent school district, its officials, and the teacher, Francine Wilhelm, under state-law claims such as negligence and failure to protect, and brought a federal civil rights claim against the teacher alleging a violation of A.H.’s 14th Amendment due-process right to bodily integrity by failing to supervise the girl’s trips to the bathroom.

A federal district court granted qualified immunity to the teacher, and in a July 11 decision in Patel v. Kent School District, the 9th Circuit court upheld the district court.

The 14th Amendment does not impose a duty on the state to protect an individual from a third party, the court said, unless one of two exceptions applies: when a special relationship exists between the state and the individual, or when the state affirmatively places the individual in danger by acting with deliberate indifference to a known or obvious danger.

Neither exception applied to A.H.’s case, the court said. Joining at least seven other federal circuit courts of appeals, the 9th Circuit panel said compulsory attendance at public school did not create a custodial relationship between the student and the state.

“While we certainly have sympathy for [the mother's] position as a concerned and caring parent, we decline to depart from this persuasive authority,” the court said. “Compulsory school attendance and in loco parentis status do not create ‘custody’ under the strict standard” of the U.S. Supreme Court’s 1989 decision in DeShaney v. Winnebago County Department of Social Services.

As to the state-created danger exception, the court said the record did not support a finding that A.H.’s teacher acted with deliberate indifference in failing to supervise her bathroom visits.

“This would be a different case if Wilhelm had known A.H. was about to enter the bathroom with [the male student] or otherwise be alone with him, yet then stood idly by,” the court said. “To the contrary, Wilhelm had monitored the developing situation between the two students, and once even rushed out of her classroom to prevent a possible incident between them.”

The 9th Circuit noted that the mother could still pursue her state-law claims in the Washington state courts.

BIRMINGHAM, Alabama — Attention Birmingham: Get on Facebook.

If enough people do, Birmingham city schools could be one of eight systems chosen for a grant that would place musical instruments in the hands of children.

Energizer is supporting these grants with a $250,000 donation to the VH1 Save the Music Foundation.

“At Energizer, we believe everyone has the opportunity to make a positive impact, so we’re excited to offer our Facebook fans — both old and new — an easy avenue to make a difference through VH1 Save the Music Foundation,” said Jim Olsen, vice president of marketing for Energizer North America.

For those who aren’t already a fan, Facebook users can go to the Energizer Bunny Facebook page, click “like,” and then vote for Birmingham to receive the grant for musical instruments.

In addition, for every “like” the Facebook page receives, Energizer will donate $1 to help restore music education through the VH1 Save the Music Foundation.

The contest runs through Aug. 12.

[VOTE HERE]

Which WAC program is happiest to see Boise State leave for greener pastures? Can we have a three-way tie? If so, in alphabetical order, it goes Fresno State, Hawaii and Nevada – one team that’s been stymied at every turn by the Broncos, another that tasted brief success in 2007 and a third that won the battle but lost the war a season ago. So who wins when Boise leaves for the Mountain West? Those three win, at least in 2011 – come 2012, it’ll be the same old days all over again, once the Bulldogs, Warriors and Wolf Pack rejoin the big, bad Broncos, recommencing the battle for second which defined the WAC over the last half-decade.

That’s a happy, optimistic little paragraph, isn’t it? And it takes an outsider, someone not associated with the three above programs, to ignore the opportunity that awaits in 2011 and look towards a tougher road a year in the future. The opportunity: an outright conference title. Imagine, if you would, a team other than Boise State taking home the WAC. It’s not so easy to picture, is it?

Most likely to succeed

Hawaii As noted in yesterday’s Hawaii preview, that the Warriors enter 2011 with more issues surrounding the offense than the defense bodes well for this team’s chances. One thing we know about U.H. is that the offense is going to roll, even an offense that needs to rebuild up front and locate at least three additional options at receiver. That’s because the system is locked in; having a great quarterback helps, but even if the Warriors were breaking in a new starter under center the offense would score points in bunches. And the defense is good enough to carry the water while the new faces break into larger roles. Hawaii might not win another 10 games, but this team is the best in the conference.

Most likely to struggle

New Mexico State Who else could it be? At least San Jose State seems to have a plan: the Spartans are going to run with the youngsters and look ahead to 2012 and 2013. The Aggies have a nice coach in DeWayne Walker, but even he doesn’t seem to have a grasp on the situation at this moribund program. New Mexico State is on its third offensive coordinator in as many years; have no offensive skill players of consequence; lost an all-WAC cornerback; have a gaping hole at nose tackle; and worse yet, get San Jose State on the road. It’s going to be another ugly season.

Most likely to start ugly, finish with style

Nevada Few non-B.C.S. conference programs start with a tougher September. Hey, at least the Wolf Pack have a bye on the first Saturday of the season. From there, however, Nevada takes on Oregon, San Jose State – well, that’s a win – Texas Tech and Boise State, all on the road. That’s 1-3, more than likely. The Wolf Pack are a lock for at least six wins the rest of the way, however, with Hawaii and Fresno State really the only teams capable of scoring with Nevada.

The WAC favorite in 2012

Louisiana Tech By default? Maybe. But the Bulldogs are definitely improving under Sonny Dykes, and even if the soon-to-be-departed threesome hung around the WAC for another year or two I wouldn’t doubt Tech’s ability to take home the conference crown in the near future. The key for the Bulldogs will be landing the sort of recruits needed to run this Air Raid system. But Tech is still growing, and should be better in 2011 before standing as the WAC’s best heading into next season. And yes, at least partially by default.

Best coach

Chris Ault, Nevada It’s not just the body of work, but what Ault and Nevada have achieved over the last the six years: no outright conference titles, but 51 wins, a program-record 13 a year ago. Nor can you ignore how innovative his Pistol offense has been, nor how it has spread through the F.B.S. in a very short span of time. The offense will be put to the test this fall without Colin Kaepernick and Vai Taua leading the way, but in theory, the Pistol will rack up yardage regardless of whether it’s an all-American or a fifth-year senior running the show.

Offensive player of the year

Bryant Moniz, Hawaii Now that Kellen Moore and Kaepernick have left the conference, Moniz can step into the void as the WAC’s first-team quarterback. Only the above duo could knock a 5,000-yard passer off that team, it seems. Moniz was the centerpiece of last year’s offense despite great seasons from Alex Green, Greg Salas and Kealoha Pilares. We’ll see that proven in 2011, as Moniz will continue to lead the nation in passing despite a new offensive line, a new starting running back and only one leading receiver back in the fold. If Moniz isn’t the WAC’s best offensive player, it might be his new favorite target, Hawaii receiver Royce Pollard.

Defensive player of the year

Corey Paredes, Hawaii I don’t want to give the Warriors too much love at the expense of the rest of the conference, but if the pick isn’t Paredes, then who? Utah State’s Bobby Wagner is a good linebacker, but the Aggies won’t be stout enough in the first season running the 3-4 to have Wagner as the best defender in the conference. I wonder if Fresno State’s Logan Harrell will be equally productive without Chris Carter drawing attention at end. James-Michael Johnson will again pace the Nevada defense, but will he do enough statistically to warrant a vote? The clear answer is Paredes, who makes tackles, interceptions and big plays for the Warriors.

Five biggest non-conference games

Nevada at Oregon Sept. 10
Nevada at Boise State Oct. 1
Hawaii at Washington Sept. 10
Nevada at Texas Tech Sept. 24
Fresno State at Nebraska Sept. 10

Five biggest conference games

Hawaii at Nevada Nov. 12
Fresno State at Hawaii Nov. 20
Fresno State at Nevada Oct. 22
Hawaii at Louisiana Tech Oct. 1
Louisiana Tech at Nevada Nov. 19

Projected order of finish

Hawaii
Nevada
Fresno State
Louisiana Tech
Utah State 
Idaho
San Jose State
New Mexico State

It’s been more than a month since Tom Harding finally got his hands on that elusive trophy.

You know, the shiny gold one reserved for the top baseball team in the state.

The ultimate prize that every team sets out to attain when practice begins in March.

The luster hasn’t worn off the trophy and the smile hasn’t left Harding’s face.

His Honaker Tigers are the Virginia High School League Group A, Division 2 champions.

“It’s great,” Harding said. “No doubt about it. It’s a big, big thing. People are not over that yet. This has been a great thing for the community.”

For Harding, the state championship trophy was 41 years in the making and how he earned it couldn’t have been dreamed up by the most creative of Hollywood screen writers.

On the morning of June 10 he was on the operating table getting two stents put in after suffering a heart attack. Twenty-four hours later, he was in the dugout at Radford University to see his team take the title.

“Coach Harding is a legacy at Honaker,” said Tiger pitcher Chaz Miller. “I don’t care how long Honaker exists, nobody will replace Tom Harding. … He is Honaker baseball.”

He’s also the Bristol Herald Courier’s 2011 baseball coach of the year.

Four decades of excellence

Richard M. Nixon was in the White House, Lew Alcindor and the Milwaukee Bucks were NBA champions and “Dirty Harry” was one of the year’s biggest hit movies.

Also in 1971, young Tom Harding was in his first season as Honaker’s head coach, playing games at a spartan facility and learning the ropes.

“I remember we wouldn’t let anybody slide because we played on a shale field pretty much,” Harding said. “It’s where the outfield is now at our place. You can still see a little bit of the old infield. … It was uphill to first base, then downhill to second base. When you got to third you ran uphill to home.”

The facilities improved and Harding’s team quickly became a contender.

He’s coached different generations of Tiger players.

He’s coached in three different districts – the Clinch Valley, Hogoheegee and Black Diamond.

He’s won more than 500 career games.

He’s loved every minute of it.

“It’s been a real experience,” Harding said. “Through all that, the kids have always been super and always been hard workers. I thank God all the time that I’ve been able to be where I am for this long.”

In Harding’s four-plus decades of calling the shots, Honaker’s had just three losing seasons.

There was one thing missing from the resume however. That state title.

Oh, Harding had come close before.

In 2009, his team dropped a 4-3 decision to Gate City in the state semifinals.

The year before, the Tigers lost 7-6, at home, to James River in the quarterfinals.

Many of his teams in the 1980s and 1990s were competitive but came up empty.

The Tigers finally put it all together this year, relying on a group of five determined seniors and their veteran coach.

Perfect Ending

At Honaker High School’s practice prior to the state semifinals, Harding felt some tightness in his chest.

He took some nitroglycerin tablets, but those didn’t help too much.

So late Thursday night the pain became too much and he told his wife, Jo, they needed to head to Bristol Regional Medical Center.

“They did some blood work and came back and said, ‘well you’ve had a heart attack,’ ” Harding said. “I’m wanting to know if I could get out of there pretty quick. They said ‘no, we’ll have to admit you. It could be more serious than we can tell, so we’re going to have to get in and look.’ So, getting in there and looking around; it’s not a good feeling when you hear that.”

They scheduled the procedure for Friday, around the same time Honaker played Appomattox County in the state semifinals. Alex Zachwieja, Harding’s assistant coach of more than two decades, was at the helm and the Tigers rolled to a 21-1 victory.

“I got out of the cath lab and went back to the room,” Harding said. “Of course the family was there and the first thing my wife said well, it’s 19-0. I said, ‘What?’ She said Honaker’s winning, 19-0. I said good grief, this anesthesia is getting to me. 19-0? I was really worried about Appomattox.”

Harding got out of the hospital the next day, hopped in the car and headed up Interstate 81 to Radford for Honaker’s final showdown with J.J. Kelly. He arrived in the sixth inning, waiting out a long lightning and rain delay in the press box.

He finally made his way down to the field in the seventh inning, watching from the dugout as Miller recorded a strikeout to seal the 16-9 victory.

“I’m glad we did it,” Miller said. “I was glad I’m a part of it and I could help. He deserved it. That’s all there is to it.”

The 69-year-old Harding isn’t sure if he’ll return to the bench for a 42^nd season. Right now he’s still enjoying that state title.

Quieting the critics

Honaker heard the criticisms all year, mostly from the alleged know-it-alls that frequent local prep sports message boards.

“The Tigers played in a weak district.” “They benefitted from a mild schedule.” “They never could get it done in the postseason.”

Those catcalls were heard over and over all spring.

They’ve quieted down now.

Honaker went 7-1 against teams from the highly-touted Clinch Mountain District.

The Tigers beat the Region C, Region B and Region D champions in the state tournament.

“I don’t know whether we’ve laid too much to rest or not,” Harding said. “But that’s OK.”

This much is certain: Honaker is the state champ. There’s no arguing that.

“I had all the confidence in the world in them,” Harding said.

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