Andy Backstrom

Timing is Everything: Conestoga High School reporters on alleged sodomy charges & victim’s residency dispute

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In today’s Spoke, Conestoga High School’s newspaper is the article, “Sodomy allegation followed victim’s residency dispute with TESD” by Andy Backstrom, former Co-Editor-in-Chief (2015-16) and Caleigh Sturgeon, Manager Web Editor. Backstrom is a 2016 graduate of CHS and will be attending Boston College in the fall and Sturgeon is a CHS senior.

Backstrom and Sturgeon review the facts surrounding the hazing investigation and alleged sodomy of a freshman football player by three senior varsity football players. The alleged victim was previously involved in a middle school sexting incident, but reportedly there was no connection. One development has centered on whether the victim is a “legal” resident of the T/E School District or was he living in Delaware County.

There has been no update from the District Attorney’s office regarding the case against the three Conestoga football players. Because the accused are juveniles (or where at the time of the alleged crime), the information is protected from the public. Since the case does not appear to have advanced in the court system, where does that leave these three former Conestoga football players?

After reading Backstrom and Sturgeon article below, the timing and connection between the alleged victim’s sexting incident, residency questions and claims of sodomy certainly make the situation suspicious. What really did happen? Aside from the criminal case and whether he was actually a ‘victim’, the freshman football player was also a pawn in his father’s hand.

Read the article — what do you think?

Sodomy allegation followed victim’s residency dispute with TESD

By Andy Backstrom, Former Co-Editor-in-Chief (2015-16), and Caleigh Sturgeon, Managing Web Editor

The Spoke collected the information included in the story below from public records searched by The Spoke at the Chester County Court of Common Pleas, articles published elsewhere and statements issued by Chester County District Attorney Thomas Hogan.

While there appears to be no news about the sodomy charges against the three varsity football players at Conestoga High School filed in March, or the hazing investigation, more facts are available than have been widely reported. There is no official conclusion in the case, but documents recorded in another case raised questions, concerning the cloud formed over the Conestoga community.

Many months before the commencement of the hazing investigation, the Tredyffrin Easttown School District (TESD) held an expulsion hearing for Conestoga’s lone freshman varsity football player on Nov. 10, 2015. The previous week (Nov. 3), Tredyffrin Easttown Police announced charges against three students in TESD for “cyber bullying” teenage girls, as the students were found sharing sexually explicit images in the spring of 2015. The freshman was among the students charged.

Yet, the freshman was not expelled.

Instead, TESD made a deal to pay for him to attend Buxmont Academy, a private school for troubled youth that charges almost twice the cost of attending Conestoga. A condition of the deal was that the student reside in the district. The student and his father agreed. But, almost immediately, TESD acted on suspicions that the freshman actually lived in Delaware County.

Based on returned mail from the student’s given home address, TESD hired private investigator Michael J. Leyden, who conducted surveillance of the student during the last three months of 2015. On Jan. 12, 2016 TESD wrote both the student and his father that the investigation determined that they had not been residents of the school district since March 5, 2015.

On Jan. 28, after a hearing, a TESD hearing officer, A. Kyle Berman, found that the student was not a district resident and that the father had made false statements about the student’s residence.

“The testimony of Parent is not at all credible relating in any way to the place that he and Student reside,” Berman wrote.

TESD demanded that the father reimburse the district both for the days the student attended Conestoga as a non-resident and the days he attended Buxmont as an alternative to expulsion.  The assessment includes March 5, 2015 – Nov. 13, 2015, the student’s last day at Conestoga, at the rate of $70.12 per day, as well as Nov. 16, 2015 – Jan. 22, 2016, when TESD stopped paying for student’s alternative tuition, due to violation of a “Waiver of Expulsion” agreement, at a rate of $136.02 per day. TESD presented the father with a bill for $13,442.92.

In addition, Director of Assessment and Accountability, Mark Cataldi, threatened that failure to pay the balance within 30 days would result in criminal investigation.

“The District will seek prosecution to the fullest extent of the law, including fines and imprisonment for theft of educational services from the District and providing false information to the District regarding your residency,” Cataldi wrote.

Within the next week, by Feb. 5, the father reported to TESD that his son was sodomized by three varsity football seniors back on October 15, 2015 with a broomstick. TESD notified the District Attorney, prompting the hazing investigation at Conestoga.

The father’s report places the hazing incident less than a month both before the student was charged for his role in the “sexting scandal” and his expulsion hearing.

On February 17, the father and the student sued TESD to halt the district’s efforts to collect the $13,442.92. A Chester County Judge was due to hear their case on March 4, but, on March 1, TESD agreed to postpone the hearing and suspend its collection campaign temporarily. Three days later (March 4), Hogan made national news announcing sodomy charges based on the account of the student and his father.

Hogan told The Philadelphia Inquirer that, “no evidence suggested” that the hazing case is connected to the earlier sexting case but did not dispute that the victim in one was the accused in the other.

Hogan did not respond to The Spoke’s request for comment on today’s story.

A final court decision on the freshman’s residence and the debt to TESD is expected this summer. However, there is no telling when the three, now, former seniors, who graduated from Conestoga on June 7, will learn their fate. A juvenile matter, their case is not public unless Hogan decides to announce its outcome.

Until May of this year, Pennsylvania’s anti-hazing law was limited to colleges and university.  New legislation was approved by PA Gov. Wlf in May that expanded the state’s anti-hazing law to include public and private middle and high schools, making it a third-degree misdemeanor when a student is forced to take part in abuse or humiliating conduct for initiation into a team or group. Schools are required to post anti-hazing policies online and provide copies to all athletic coaches.

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