Judge allows expelled teen to return to school

A judge has denied for now a request to prevent an alleged assailant in the Glacier High School football bus case from returning to school on Monday.

District Court Judge David Ortley denied a temporary restraining order sought by parents of three freshmen alleged to be assault victims in the Sept. 12 incident.

The parents are suing School District 5 to keep him from returning to school for the remainder of the school year.

Ortley, however, ruled that the freshman can return at least until a Nov. 14 hearing to determine whether a preliminary injunction should be issued.

The youth had been expelled by the school board until the close of the first quarter, which ends Friday.

According to the details of the lawsuit and an ongoing criminal case, the families' sons were among four identified victims who allegedly were dragged to the back of a freshman football bus and assaulted on the way back from a game in Missoula.

The suit was filed by attorney Sean Frampton in Flathead District Court and served to school officials Wednesday.

It alleges the school district did not adequately protect the victims' constitutional or student rights. It also requests compensation for attorney fees and costs and for "any other relief the court deems just."

In support of its claims, the lawsuit refers to the details of the criminal case as well as the Glacier High School Handbook and the "legislative goals for public elementary and secondary schools" described in Montana state law.

Unlike the criminal case, the civil suit specifically alleges the incident involved sexual assault.

Although an initial report from School Resource Officer Jason Parce suggested that two students - later identified as Logan Jones and Charles Calobeer - could be charged with sexual assault, the County Attorney's Office filed charges of assault instead.

In the suit, Frampton states that the victims reported they were threatened that the assault would be worse if they didn't go to the back of the bus.

They said they were scared and that their groins were grabbed by Jones, who also attempted to physically penetrate them with a finger during the time that they were restrained in the back of the bus. This occurred at least three times to two of the victims, the suit alleges.

Frampton also includes an allegation by two parents who claim that high school Athletic Director Mark Dennehy told them shortly after the incident that "these kids can't be expelled because they are exceptional athletes."

Each of the three victims currently has an active restraining order against Jones.

"His return will undoubtedly violate the petitioners' sons' constitutional rights, legal rights under (state law) and the Glacier High School policies," the suit concludes.

Kalispell Public Schools Superintendent Darlene Schottle declined to comment on the suit. She said that although school officials had received a copy, she hadn't had the opportunity to look through it and did not yet know the details.

Frampton was unavailable for comment.

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.