The suit alleges that the disabled student was not the only one in the class to receive such treatment, and claims that Harden admitted the incidents during a meeting with the student’s parents and a school resource officer, saying that it was just “the culture of his classroom.”
The student’s parents declined to comment through their attorney. Harden did not immediately return a phone call or email seeking comment.
The Greene County Career Center’s board of education released a statement on the case Friday, through Superintendent David Deskins. Both the board and Deskins are also named as defendants in the suit.
The GCCC statement says the board reported the complaints against Harden to local law enforcement and children’s services, and that “no criminal charges or investigations were pursued by either agency.”
The board said they assigned Harden to at-home duty while they investigated.
“Mr. Harden was disciplined appropriately by our Board of Education, including suspension, mandatory training, and an agreement that any future misconduct would result in immediate termination,” the GCCC board said. “Following these decisions, Mr. Harden returned to the school for a brief period, until the court issued a temporary restraining order prohibiting him from being on school property. He is now again assigned to home.”
The GCCC board added, “It is important to know that the allegations contained in a federal lawsuit are not consistent with the findings of our internal investigation.”
Details of the lawsuit
The 17-year-old student is described in the lawsuit as having a deformed right foot, a shorter right leg that causes a limp, plus weakness and limited flexibility on his right side. Harden was the teacher assigned to the student’s Career Center program, sports and exercise science.
The lawsuit says the student first told his parents, Joy and Jacob Brown, about the abuse on Dec. 15, and showed them a video of one incident in which the student is lying on the floor, on his back, with hands up to protect his face while Harden stood over him, screaming and cursing at him. The Dayton Daily News has requested that video from the family’s attorneys but has not received it. The suit also says Harden once threw the student’s bookbag and once bent the teen’s fingers back painfully.
The lawsuit says the student’s parents spoke with Deskins, Harden, Career Center Director Brian McKnight, and School Resource Officer David Elliott about the incidents, showing the video to at least McKnight and Elliott.
The lawsuit said Elliott, the SRO, explained that he could file a police report for physical abuse, but it would affect the school’s investigation. The parents said they wanted to discuss the situation further and allow the school time to complete their investigation.
The lawsuit alleges that Deskins asked the parents and the student to meet with him and Harden, but that the parents would not force their son to meet with Harden. The suit claims Deskins said there is “nothing to gain by coach being terminated,” that the student needed to learn how to handle conflict, and that the parties could “use this as a teachable moment” for the student.
The parents removed the student from GCCC once they learned he would return to the school Jan. 16.
According to Harden’s personnel file, he was suspended for three days, required to review policies on staff ethics, student supervision and welfare, and the licensure code of conduct for Ohio educators, and complete a training module on classroom management.
The lawsuit alleges that the district and Deskins broke the law under the Americans with Disabilities Act.
“Defendant District and Defendant Deskins also acted with deliberate indifference to J.B.’s federally protected rights when it decided to return Defendant Harden to the classroom,” the lawsuit said.
Harden is the Xenia High School head football coach. He was named the Division II Southwest District Coach of the Year in 2022 by the Ohio Prep Sportswriters Association, after a 10-1 season.
The lawsuit alleges excessive force, discrimination, ADA violations, child endangerment and other issues among its 10 claims. The family seeks an undefined judgment against the defendants, with punitive and statutory damages.
In their statement, the Career Center board said every student at GCCC should always feel safe at school.
“We recognize this is an emotional situation for everyone involved,” the board wrote. “As this matter is pending in federal court, we must allow the legal process to guide us going forward, and we ask for patience and understanding from our community.”
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