JUDGE NIBERT ISSUES INJUNCTION HOLDING OFF EIGHT CALHOUN STUDENT EXPULSIONS - Hearing Set May 19

(05/03/2014)

Circuit Judge David W. Nibert has issued an injunction to postpone the expulsion hearings of Calhoun students that had been set before the Calhoun Board of Education at a special meeting on April 23.

The school board had nine expulsions listed for the April 23 special meeting, but has now postponed eight of the expulsions based on the injunction.

School board minutes indicate one student was expelled.

Judge Nibert issued the injunction at the request of attorneys Loren Howley and Tony Morgan of Grantsville, representing students Ryan Slider and Mason Sheldon, who have been charged by State Police for loitering, but also affecting six other students who were likely listed for expulsion.

According to the injunction, Judge Nibert ordered the school system, following a 10-day suspension of the students, to grant emergency relief, not allowing their being barred from classes and school activities.

Nibert granted the injunction based upon "lack of notice" to the defendants, stating the expulsion action could cause "irreparable injury" to the students.

A hearing regarding the injunction is set for May 19 before Judge Nibert.

Calhoun Superintendent of Schools Dan Metz declined to confirm the school incidents, saying "Calhoun County Schools does not wish to make a statement concerning this story," after the Herald published an account about alleged breaking and enterings at Calhoun Middle-High School and the Arnoldsburg Elementary School.

The Herald attempted to confirm the incidents.


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