UPDATE: SUPREME COURT APPEAL LINGERING ISSUE OVER CALHOUN SCHOOL EXPULSIONS

(05/29/2014)
The contentious efforts to expel eight Calhoun High School students after they trespassed and entered Calhoun High and Arnoldsburg Elementary schools during a weekend about two months ago, seemed to have been settled last Friday.

The school board did officially announce that one of six students would not be expelled, although they did not officially announce their decision with five other students, but sources told the Hur Herald they were not suspended.

But problems over the issue are still hanging.

Following Judge David W. Nibert's decision Monday not to issue a permanent injunction to prevent the expulsions, two days later issued a permanent injunction against the expulsions of Ryan Slider and Mason Sheldon.

The Calhoun Board of Education had their attorneys Bowles-Rice to file a writ with the WV Supreme Court, challenging that decision by Nibert regarding those two expulsions.

If the WV Supreme Court rules in favor of the Calhoun Board of Education, it is likely expulsion hearings will be conducted for Slider and Sheldon, or the court could deny the writ or refuse to hear it.

The attorneys for the students, Howley and Morgan said, "No doubt the Board of Education has already invested a great amount of time and money in this case, and as any losing party, it has a right to petition the West Virginia Supreme Court for an appeal from the circuit court's ruling, even though we believe the issue is now moot."

Slider went to the WV Track and Field competition this past weekend and was the first Calhoun student to become a 1st place champion, winning the high jump competition.

Last Friday, in one expulsion case that remained open, the board voted 4-1 to accept Calhoun Middle-High Schools 10-day suspension as adequate punishment and not to expel.

In five other expulsion cases conducted in during Executive Sessions, the board voted during the closed session and did not announce their decisions in open forum.

The school systems attorneys Bowles and Rice contended the violations were clearly conduct that supported expulsion, and that the issue should not be under the purview of a court.

During last weeks hearing, Judge David W. Nibert agreed with attorneys for the students that their rights were violated by school administrators conducting their suspension hearings.

Attorneys for the students, Howley and Morgan, contended the expulsions were drastic measures that affected the students future.

The school's law firm Bowles-Rice said there are "bedrock principles" related to trespassing, citing case law.

See CALHOUN SCHOOL BOARD RULING AGAINST EXPULSIONS - Six Students Had Hearings Friday Night