Swimmer accused of exposing himself on bus

February 23 , 2007

Adapted from the Press Enterprise

A high school swimmer has been booted off the squad after allegedly exposing himself during antics on a team bus, but his parents have sued to fight the suspension.

The high school senior "knew he made a mistake," his mother said. "But he did not expose himself."

The school district, however, contends the senior exposed his buttocks to boys and girls on the bus after a meet, threw up in a garbage bag, and tried to defecate in it.

The student was also told this week that he could not be on the team because he is failing two subjects, which his parents say is not true.

The youngster is a top swimmer with hopes of winning a college scholarship, say papers filed by his parents.

The 18-year-old could lose such offers if he can't compete in district and state championships, they argue.

With about 30 students on the bus, a game of "truth or dare" between boys and girls got out of hand, according to accounts from the parents and their lawyer.

Though he won two events at the meet, he had felt ill all day and threw up in a garbage bag at the back of the bus, they said.

Other youngsters were horsing around, and someone dared him to defecate in the bag, according to reports. He lowered his pants briefly, but did not expose himself, his family’s account said.

One student did relieve himself in a bag, which was tossed around the bus, according to the family's account.

The mother noted, "None of this would have happened if the school would have put the kids on a coach bus, which has a bathroom."

The next day, the unidentified bus driver told school officials an incident had happened on the bus, and an investigation began, with team members questioned individually in the principal’s office.

When the senior was questioned, he was "remorseful" and gave a written statement about what had happened.

But he was also "threatened with criminal action" and other "severe penalties" if he did not cooperate in the investigation, the family's complaint alleges.

Both parents said they wished they had been able to sit down with school officials informally and reach some type of compromise, but felt rebuffed when they showed up at the principal's office last week.

"We didn't want to have to go to court over this and thought we had reached a resolution last week. But they refused to discuss anything with us when we went to the school," said their attorney.

His parents say that parents of other swimmers have called in support, some saying they may pull their own children off the team if he isn't allowed to compete.

"It's an unfortunate scenario. My faith in humanity, and in our school administration, has been shaken," the boy’s father said.

"[The coach] is mystified and hurt as well. We're told he didn't know anything about this and was absolutely hurt when he learned of the suspensions," added the father.

Swimming competitively since he was 8, he had set a school record in the 50-meter freestyle event as a junior at the district championships last March.

He finished 11th among all swimmers in the state in the 50-freestyle last year and has been working hard to compete in the 100-meter and 150-meter events this year, his parents said.

He set a pool record in the 100-meter freestyle the last time he swam in the high school pool, his father said.

Now, his mother says, "My son was devastated. He got letters of interest from schools around the country last year. He's worked hard, and this would be his final opportunity to represent his school in states and swim on the team. We're hoping it works out."

A judge will hear the case in county court soon.