LEECHBURG POLICE DEPARTMENT 260 Market Street Leechburg Pa 15656 724-842-8531 Leechburg high school hazing allegations Final release March 2, 2016 The following is a description of allegations made to the Leechburg Police Department from current student athletes and their parents in regards to hazing / assault incidents that occurred in December 2015. It is alleged that for a period of approximately 10 years students have been hazed / initiated / assaulted on the basketball team through means of an assault where a stick was used as an instrument to penetrate or attempt to penetrate the rectum. It is alleged that students would be forcibly dragged or lured into the “team room” of the locker room, held down and have a stick named the "yoshi stick" shoved or attempted to be shoved into the rectum. At the time of the initial report it was unclear if penetration of the anus occurred or if clothing was removed. This investigation revealed, as it relates to December 2015, that clothing was not removed and penetration of the anus did not take place. The “yoshi” stick is described as being made of wood and shaped like a penis with a square handle on the end. It is also alleged that the stick was made in wood shop by a student and that the current stick is not the original stick. It is alleged that this year the stick was kept in plain view in the team room of the locker room. It is alleged that within the team room the stick was located on top of the white erase board the team / coach would use during practices and games. It is also alleged that there are current assistant coaches that are former student athletes that either participated or had been victimized in these incidents in years past. Therefore it is alleged these assistant coaches should have known of the activity and engaged in a course of conduct to stop such activity. Investigation and witness statements do indicate that current nonpaid assistant coaches did have previous knowledge of these circumstances and did describe them as a tradition. It is also alleged that school administration has engaged in activity through its actions or inactions that have permitted an environment to be created in which this activity is acceptable and has become a tradition. It is also alleged that school administration violated its own polices and mishandled the most current report made to school officials. Investigation did reveal several issues that the Leechburg Area School Board should address. Numerous allegations were made in regards to the school administration and its alleged failure to follow policy as well as administer discipline. This is not a matter of criminal investigation and should be investigated by the Leechburg Area School Board. The allegations presented to this department concern two different areas of investigation. The first being criminal investigation, which obviously is a function of the police department. The second area of investigation is that of school policy, procedure and the application or lack there of. Obviously the police department is not versed in this area and would not be able to reach a firm conclusion based upon anything other than opinion. It is also not a function of the police department to investigate school policy. Therefore, the Pennsylvania Department of Education has been contacted to assist and join this department in this investigation. This department will not conduct an investigation in to the allegations concerning school policy, its implementation or lack there of. All such issues shall be referred to the Pennsylvania Department of Education, the administration and school board of the Leechburg Area School District. It is important that the term “hazing” be fully understood as it implies to this investigation. The term hazing is defined by Pennsylvania Statute. The definition is as follows: Hazing: Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher education. The term shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. For purposes of this definition, any activity as described in this definition upon which the initiation or admission into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be "forced" activity, the willingness of an individual to participate in such activity notwithstanding. Pennsylvania Statute criminalizes hazing only when such act occurs within or part of a Institution of High Education. An Institution of Higher Education is defined by Pennsylvania Stated as follows: Institution of Higher Education: Any public or private institution within this Commonwealth authorized to grant an associate degree or higher academic degree. At this time the state of Pennsylvania does not have any law that criminalizes hazing in a high school or elementary school. Therefore, the term hazing does apply to a criminal investigation and any investigation must be based upon violations as outlined in Pennsylvania Title 18, known as the PA Crimes Code. This investigation has revealed that allegations made to this police department in regards to the “yoshi” stick and hazing tradition as it pertains to the Leechburg High School varsity boys basketball program are valid. Investigation and interviews of current and former student athletes have revealed this activity has taken place for approximately ten years. The earliest witness statements regarding these events come from the 2006 school year. Investigation and witness statements indicate that throughout the time frame investigated numerous sticks are alleged to have existed and there is a possibility a new stick was made every year in wood shop. Investigation and witness statements indicate that this activity has risen to several different levels of severity throughout the years. However, all those involved prior to December 2015, did not wish to prosecute at this time. After consultation with the Armstrong County District Attorneys Office and a careful and thorough review of all Pennsylvania Statutes it has been determined that criminal charges will not be filed at this time against any student involved in the December 2015 incident. For some reason, that has yet to be discovered, this activity was able to ferment in the schools basketball program to a degree that allowed a decade of student athletes to develop a state of mind that this behavior was acceptable and traditional. This investigation, at this time, has not indicated any acts committed in regards to the December 2015 incident were done so with criminal intent. Criminal intent requires that the actors knew or should have known that their behavior was criminal in nature. In regards to the December 2015 incidents, it is clear that these actors did not have a state of mind in which they knew their actions were criminal. Instead, the investigation reveals that these acts were committed not with criminal intent, but rather the investigation disturbingly reveals that those involved believed it to be a normal tradition of the basketball team. These actions were passed down from upperclassmen to lowerclassmen year after year. This investigation reveals that there may have been catastrophic failure within the school district and that the administration and school board should take appropriate action to investigate, identify and correct these issues. Due to the duration that these incidents took place and the possibility of additional individuals coming forward as witnesses or victims, this investigation shall remain ongoing indefinitely. The decision to not file charges is not at all based upon the validity of the allegations. Furthermore this department would like to commend those that had the courage to come forward. This department hopes that in the future the administration of the school district will report any serious incidents to the police department in a timely manner. Throughout this investigation this department has received many questions from concerned parents and students in regards to these incidents. Those inquiries continue to be questions that should be taken to the administration, school board or Coach Damien Davies, whom through his attorney has chosen to remain silent and not answer questions in regards to these incidents. Michael W. Diebold Chief of Police