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Ellen Belcher is the Dayton Daily News opinion pages editor. She writes about state government, education, the environment, higher education and all things Dayton.
Martin Gottlieb is an editorial writer and columnist for the Dayton Daily News opinion pages. He focuses on the political process itself and does such national issues as war, the economy, taxes and Social Security, as well as a hodge-podge of local and state issues.Home > Blogs > A Matter of Opinion > Archives > 2009 > March > 04 > Entry
Editorial: Centerville should back off wrestler’s case
It’s not every day that the Second District Court of Appeals hears a case that turns on a $1.30 package of cookies.
The appeals court spends most of its time reviewing complicated murder trials and civil suits. But last week, it took up the case of Dillon Kelley, 16, the Centerville High School wrestler accused of stealing from the school cafeteria.
His parents, seeking to keep their son eligible for a district wrestling tournament, challenged the school’s decision to prohibit Dillon from competing in that meet, and then followed with a lawsuit and an appeal.
On Feb. 27, two appellate judges allowed Dillon to go to the mat. He still faces a misdemeanor theft charge in juvenile court. That criminal case should be dropped, and everyone needs to take a breath.
The publicity and the stigma that inevitably will follow Dillon in this digital age are punishment enough. The more the case is pressed, the more stubborn and unreasonable all the adults look.
Judging by the court documents, the school district had a good case supporting its disciplinary decisions. Two adults gave credible and consistent accounts of Dillon’s actions. One adult — a security guard — watched what happened when Dillon went through the line, and then checked with the cashier to verify that the sophomore hadn’t paid for his cookies.
In a school setting, it’s perfectly reasonable for administrators to rely more on adults’ versions of events. Moreover, the standard for disciplining a child in school is not proof beyond a reasonable doubt. But making the case a criminal matter is going too far.
Dillon’s parents, Jennifer Marovich and Patrick Kelley, have complained bitterly about Centerville’s disciplinary process. Dillon was suspended from school for a day under the school’s disciplinary code, and then under a separate athletic conduct code, he was told he wouldn’t be allowed to wrestle in one competition.
In Dillon’s hearing, the family pointed to incidents where lesser punishments had been meted out for what they thought were more serious offenses. They had good examples.
Though Centerville seems to think that point is changing the subject, if the school district isn’t consistent in its discipline, of course parents and students are going to object.
In truth, Dillon’s punishment wasn’t harsh. His parents would have had a tough time complaining if there weren’t other incidents where athletes have been treated more kindly. If athletes are to be held to a higher and different standard than nonathletes — a good rule — the expectations need to be enforced for all of them.
Discipline is always touchy for schools. Adults have to create an environment where a decision-maker gets to have the last word and deserves to have his or her call respected, even if a punishment is difficult to swallow. That gives school authorities their best chance to keep kids under control, to model proper behavior and to teach lasting lessons.
The cafeteria incident never belonged in court on any level. The adults on all sides needed to work harder to avoid that. But the kids are still watching, and lessons are still being learned. So far, they’ve seen more bad behavior than good.
Backing down on the criminal charge would end a saga that was bungled by Centerville school officials, as well as Ms. Marovich and Mr. Kelley.
Permalink | Comments (11) | Post your comment | Categories: Editorials, Education, Scott Elliott, Suburban Communities
Comments
By Joe
March 4, 2009 5:42 PM | Link to this
From the DDN opinion: “The publicity and the stigma that inevitably will follow Dillon in this digital age are punishment enough.” To the Editorial Board: This statement is irresponsible. You wrote about inconsistencies in punishment from the school. What does the DDN thought about Dillon receiving his punishment in the press say to those who aren’t fortunate enough to get publicity? “Sorry, you’re going get the book thrown at you since we decided not to cover it on the front page.” No. This is wrong. The DDN realizes he willingly committed a crime and wrongly says he should not be held criminally accountable? Yes, the DDN can use it’s muscle to admonish the adults but the fact remains, the young man did something against the law. To say press coverage compensates society for a crime is idiotic. If he had stolen a pack of cigarettes from a gas station he wouldn’t have gotten the headlines and he’d stand before a judge. Dillon should, too. You also say, “That criminal case should be dropped, and everyone needs to take a breath.” Is another headline and another article in your paper an example of “taking a breath?” If it is, then it’s bad breath from the big mouth of the Dayton Daily News Editorial Board.By Rob
March 4, 2009 5:54 PM | Link to this
While I agree with a fair amount of this editorial, the circular logic of your conclusion practically screams out for it’s own retraction. I accept and agree with the view that the adults in the community need to create the environment where our decision makers in the schools have their judgement respected - and although you didn’t directly say so, reinforced at home. But the next convoluted editorial point you go on to make is “the adults on all sides needed to work harder” to keep this from escalting to court - and in the process becoming totally absurd. If the editorialist truly believes the first point, then you can’t argue the second with a straight face. The only way “the adults on all sides” could have kept this out of court would have been for the adminstration to completely acquiesce. That’s kind of like saying, “You know - the whole civil war could have been avoided if the north could have just been a little more understanding…”. The editorial makes the key point - the punishment for the offense was not particularly harsh. Ms. Marovich disagreed, and so much so that she asserts she had no choice but to go to court. Baloney - she had numerous other choices. Perhaps act like an adult and use this as a teachable moment for her son. On the other hand, she could have chosen to live up to her parental obligations under the student athlete code of conduct and supported the adminstration as she promised to do. The escalation of this issue is clearly and solely the responsibility of one party alone, and it’s not the Centerville City Schools. The school adminstrators alone are the only parties to the matter to have conducted themselves with any modicum of restraint or decorum. Despite the fact, quite frankly, that the initial coverage by the DDN tried to bait them into childish behavior. And while I’m on the topic, it’s almost a breathtaking leap of self-deception for the DDN to fail to acknowledge the shortcomings of and stilted reporting in Mr. Ludwig’s online coverage as another example of immature adult misbeahvior as well. “100 Students wear Free Dillon t-shirts!!!” he blasted in bold type. Wasn’t he at all curious as to how they got them? Or did he mean to create the impression this was spontaneous student protesting of injustice? That;s pretty disingenuine! Or how about failing to mention that about 2,700 kids went to school at CHS that day without the uniform de riguer? Right up to his “last word”, where he decided in an extended pout about how those meanies at Centerville City Schools wouldn’t play along - he chose to characterize their adult and responsible approach of “no comment” as some tortured admission of guilt? I think it would add some credibility to your editorial appeal for adult behavior all around if the DDN extended some type of apology to the adminstration in Centerville. As for the necessities of legal appeals and continuing activity I think its safe to assume the following. If it’s still going on behalf of the school board - I’m sure it out fiduciary responsibility to protect their staff and assets. No more, no less. I’ll also assume that’s a possibility any attorney worth his salt would have informed his clients of before they started down this path as well, although I’m sure we’ll hear all the associated crocodile tears from the plaintiffs reported back to us by Mr. Ludwig. But if you actually think for one second the serious minded citizens of Centerville, our elected school board, and school adminstrators really want to spend another second on this as oppossed to, oh - let’s say figuring out school funding, you need to get out of the editorial business.By Put him in jail
March 4, 2009 8:31 PM | Link to this
Theft is not ok. If he went to Fairmont he would have better ethics.By mike
March 4, 2009 8:36 PM | Link to this
Why should athletes be held to some higher standard? What makes them so special. If the school district didn’t have to waste so much money on sports, they could get back to educating students. Of course, then parents wouldn’t have their Friday night football, would they? This was Dillon’s moment and the idiot administrators ruined it. A great example, aren’t they. And you think kids should listen to adults?By Knowing the facts
March 4, 2009 9:33 PM | Link to this
The problem with stories involving minors is that the journalists aren’t allowed to look at all of the facts because of the child’s age. That his name is in the paper is something! Why was the security guard watching? Had the boy been doing this for a long time and this was kind of a sting? Maybe athletes have been getting away with all kinds of junk like this for months? The motivation just doesn’t add up? As for the inequality of the punishments, well one-size-fits-all rules and zero tolerance policies are just not how the real world works. Finally, I agree that Centerville has over-reacted with involving the police. Here’s some other ideas: ban him from the cafeteria for an amount of time. Make him eat lunch in the principal’s office. Make him buy cookies for the whole cafeteria one day. Or, make him do community service, mopping the floors afterschool. That he gets a police record over this seems ridiculous.By Oldelk
March 4, 2009 10:00 PM | Link to this
The failed crap that this CHS administraton and its minions have tryed to sell is BS vote them all out.By Sad
March 4, 2009 10:08 PM | Link to this
The entire situation is absurd.How does CHS get involved in such crap.Please move on to more important things like the bond levy.By Frylock
March 4, 2009 10:59 PM | Link to this
Mike, how did the administrators ruin this for the student? I’d say the student did this to himself, wouldn’t you? This all started by a chain of actions set in motion by the student while going through the lunch line. That’s how I see it.By Centerville Taxpayer
March 4, 2009 11:49 PM | Link to this
Whether the kid was guilty or not, this whole incident shows the lack of leadership as well as the lack of good sound judgement by the Centerville Principal as well as the Superintendent. They are wasting taxpayer’s money. I have always supported past school levies, but now that I see these management problems at the high school, I will probably VOTE NO for the upcoming levy.By Susan
March 5, 2009 2:28 PM | Link to this
So, in conclusion… The POLICE filed charges against Dillon based on evidence. The School Board FOLLOWED THE DISTRICT’S DISCIPLINARY PRACTICES. The KELLEY FAMILY filed a $25,000 Plus $7,500 lawsuit against the school for following the District’s disciplinary practices. This has nothing to do with the upcoming Levy. Let me add that recently the DDN posted the housing values in the Dayton area. Centerville/Washington Township home values had not decreased in value, I’m guessing mainly because Centerville/ Washington Township has an excellent school system.By cville citizen
March 7, 2009 1:37 PM | Link to this
Rob~ you have so much knowledge why don’t you stimulate the economy! If you had any knowledge about CHS you would know the kids have printed these type of shirts for causes like this more than once because its a form of freedom of speech which the school is selective to stop. With an attitude and short sightedness that you have I sure hope you don’t have children. Susan I don’t know what housing figures your looking at but my house value has dropped $30K and my moms $50k both at the best place in town Yankee Trace Golf Course. Mine is actually worth less than when i built it 8 years ago!