Teen's mother files suit in Blue Ridge sex scandal

By Lynn Hotaling

Sybil Smith's lawsuit alleges emotional harm to her daughter caused by negligence on the part of the Jackson County Board of Education, Blue Ridge Principal Lib Balcerek, Jackson County Sheriff Jim Cruzan, former Blue Ridge Athletic Director and teacher Joe Brooks, and former Sheriff's Department deputy Robbie Hess, who was assigned to Blue Ridge as a school resource officer.

The suit also names Jeremy Stewart, a 2000 Blue Ridge graduate, basketball standout and member of athletic teams coached by Brooks, and accuses him of sexual assault and battery against Smith's daughter. In addition, Stewart, along with Brooks and Hess, is accused of "conspiracy to deprive (Smith's daughter) of her civil rights as a female" and intentional infliction of emotional distress. Hess is also accused of negligent performance of law enforcement duties.

Attorney Joe McGuire of Asheville, who represents Smith, told The Herald the lawsuit has been filed because the plaintiff's daughter "has been harmed by the very people who were charged with looking after her, educating her and helping her move from childhood to adulthood."

While the criminal component of this case has been resolved, McGuire said, the defendants should be held accountable in a civil context for the harm done to Smith's daughter and to protect other children in Jackson County.

"Furthermore, for the benefit of all children in the care and custody of the Jackson County school system, this lawsuit seeks to discover the institutional weaknesses that permitted this deplorable situation to occur," McGuire said.

The lawsuit seeks a jury trial and asks for damages "in excess of $10,000" each from the defendants on a total of nine counts in order to compensate for the plaintiff's daughter's mental anguish, emotional distress, medical expenses and other suffering caused by the defendants' alleged negligence.

Smith's civil suit, filed in Jackson County Superior Court, stems from events that rocked the Blue Ridge School community this past June and resulted in criminal charges against Brooks, Hess and Stewart.

Brooks pleaded guilty in July to having sex with a student and facilitating students having sex with each other both at his home and in his office during school hours. Brooks was sentenced in November to five years in prison and is presently incarcerated in Mountain View Correctional Institute, a medium-security state correctional facility in Spruce Pine.

Hess, who was fired by Sheriff Cruzan after the sheriff learned of his involvement, pleaded guilty in November to obstruction of justice for his role in assisting Brooks and received a suspended sentence.

Stewart, 18, was charged with statutory rape; Smith's daughter was listed in court papers as the victim. All charges against Stewart were dismissed in November when prosecutors said the charges didn't fit the definition of statutory rape because Stewart was not four full years older than his alleged victim.

Smith's civil suit accuses Brooks, who was one of Smith's daughter's teachers during both semesters he was at Blue Ridge, of causing emotional distress to the girl, who was 14 at the time of the events listed in the lawsuit, through invasion of privacy and through negligent teaching. The suit states that both Brooks and Hess harmed the girl through breach of their fiduciary responsibilities.

School officials, including Balcerek, and Sheriff Cruzan are accused of negligent supervision of their employees, Brooks and Hess, and with failing to protect Smith's daughter from harm while she was at school.

To back up the allegation of negligent supervision, Smith's suit includes 24 causes of action that give background information and detail events said to have occurred between January and May 2000 that caused harm to her daughter. Most information about alleged sexual misconduct at the K-12 southern Jackson County school is detailed under this first count of negligent supervision.

Smith, who moved with her husband and two children from South Florida to Glenville in 1997, alleges that "Brooks used his position as a teacher and coach to encourage and promote a personal, dating and sexual relationship" between her daughter and Stewart. According to the lawsuit, Brooks told Stewart that he could use Brooks's school office, automobile and home to facilitate Stewart having "a sexual relationship" with Smith's daughter.

The lawsuit contends that by March Stewart "engaged in a sexual relationship with (Smith's daughter) both in Brooks' office during and after school hours and at Brooks' home during and after school hours," and that at the time the sexual intercourse occurred Stewart had reached the age of 18 while Smith's daughter was still 14.

Smith's suit also alleges Brooks sent e-mail messages to Stewart and Smith's daughter "to gain their confidence, promote a sexual relationship between them and set up a rendezvous for their meetings." It further contends that Brooks "used his position and authority as teacher and coach to excuse Stewart from athletic practice and to obtain Smith's daughter's excused absence from class and/or study hall in order that Stewart and (Smith's daughter) could meet and engage in a sexual relationship."

According to the plaintiff, Brooks set up a meeting between her daughter and Stewart on May 25 in the school gym where Brooks arranged for Stewart to drive the 14-year-old to Brooks's home so Stewart could have sex with her. Stewart and the girl subsequently left school that morning and drove to Brooks's home "for the purpose of Stewart engaging in sex with (Smith's daughter)." The plaintiff believes that Brooks "manipulated Stewart and (Smith's daughter) to go to his home in order that Brooks could surreptitiously watch, listen and attempt to videotape the teenagers having sex," but that Stewart and the girl left Brooks's home after finding Brooks in the closet.

The lawsuit contends that after Stewart and the girl left Brooks's home that day, Brooks followed them to the girl's house where the teacher/coach broke into the house, screamed at Stewart and the 14-year-old and offered them $500 to allow Brooks to watch them engage in sex in the bedroom of the plaintiff and her husband. Stewart and Smith's daughter rejected the offer and returned to school, according to the lawsuit.

Upon the students' return to school, the lawsuit contends, Stewart and the girl met Hess, who chastised them for leaving school but neglected to investigate their absence, notify their parents or take "disciplinary or official action." Hess later found Smith's daughter, who was upset and crying, and "escorted her to Brooks' office at the school, where Brooks sought to obtain her silence about what had happened," the lawsuit alleges. It is also alleged that Brooks later paid Stewart a bribe for Stewart's silence and "directed Stewart to pay (Smith's daughter) a bribe for her silence."

The lawsuit states that Brooks set up hidden equipment to record and videotape Stewart having sex with Smith's daughter and that Brooks "actually used the tape recorder and camera to audiotape and videotape students engaged in sex in his office and/or home."

The suit also maintains Brooks and/or Hess "engaged in sexual or other misconduct involving female students other than (Smith's daughter), which the (school board), through its agents, including Balcerek, knew or should have known was occurring."

School officials and Balcerek are labeled "grossly negligent" in the lawsuit for failing to supervise Brooks and Hess and for failing to protect Smith's daughter from harm. The suit charges Sheriff Cruzan with similar negligence for failing to supervise Hess and prevent Smith's daughter from harm.

Both the school board and the sheriff failed in their duty to protect the safety of students at Blue Ridge, including Smith's daughter, the suit alleges, by not having proper procedures and policies in place.

Of the public officials named as defendants in the civil suit, only Sheriff Cruzan was willing to comment on the pending litigation.

"(Hess) was properly supervised, and that's what led to his dismissal and the charges against him," Cruzan told The Herald. The sheriff disagreed with the allegation that his department lacks proper procedures and policies, saying proper procedures were followed in this case.

Martha Queen, chairman of the school board, declined comment, saying only that officials have notified the board's liability insurance carrier, the N.C. School Board's Trust, which insures the board for up to $5 million in civil judgments against board members or school system employees for acts and omissions in the scope of their official duties.

Balcerek did not return The Herald's call.

The accusation of negligent teaching against Brooks stems from allegations that Brooks, while he was the girl's teacher, promoted a sexual relationship between Stewart and Smith's daughter and failed to report the girl's absences from class to the school's administrative staff.

Brooks is also accused of invasion of privacy as a result of his alleged acts of hiding in a closet in an attempt to watch and record the teenagers having sex and setting up recording equipment in his office for the same purpose.

Brooks and Hess are accused of breaching their fiduciary duties as teacher/coach and law enforcement officer, respectively.

As a teacher and coach at Blue Ridge, Brooks had "domination over and influence on the students," including Smith's daughter, and, as her teacher, Brooks had an obligation to act "in good faith and with due regard for the welfare and safety of (Smith's daughter)," the lawsuit claims.

The suit further contends that Smith's daughter, because she was a pupil in Brooks's classes, was "vulnerable and susceptible to Brooks control and became dependent on Brooks for guidance in matters beyond education. (Smith's daughter) became dependent upon Brooks for advice, for her safety and for her health." In a similar vein, the suit contends that, as a student at Blue Ridge, Smith's daughter was dependent on Hess for her safety, and that Hess also had "domination and influence" on her.

The suit contends Brooks breached his fiduciary duty by promoting a sexual relationship between Smith's daughter and Stewart, by encouraging them to go to Brooks's home so Brooks could "surreptitiously watch and listen to the teenagers having sex, by breaking into (Smith's daughter's) home and offering (Smith's daughter) and Stewart $500 to allow Brooks to watch them engage in sex and by attempting to bribe (Smith's daughter) for her silence."

Hess breached his fiduciary duty, the suit maintains, by failing to report his knowledge of Brooks's actions in promoting a sexual relationship between Stewart and the 14-year-old girl, by failing to notify administrative staff of the girl's absences and by "failing to protect (Smith's daughter) and to arrest Brooks."

Allegations that Brooks and Hess intentionally inflicted emotional distress on the plaintiff's daughter are based on the assumption that the two were in positions of authority at the school and "should have foreseen that their acts and omissions would cause (Smith's daughter) severe emotional distress."

Former Blue Ridge student Stewart is accused of sexual assault and battery and statutory rape based on his alleged sexual relationship with the plaintiff's 14-year-old daughter.

The lawsuit contends that, as a minor, Smith's daughter was incapable of consenting to sexual intercourse and other sexual contacts with Stewart. The suit also alleges that Stewart committed statutory rape against Smith's daughter.

Brooks, Hess and Stewart are collectively charged with civil conspiracy to deprive the plaintiff's daughter of her civil rights as a female and intentional infliction of emotional distress.

The suit alleges that "Brooks, Hess and Stewart, acting in concert, undertook a course of conduct, which preyed upon (Smith's daughter's) status as a 14-year-old female, to manipulate, exploit, coerce and harass (Smith's daughter) into engaging in sexual intercourse with Stewart." It is further alleged that the three tried to conceal their actions from law enforcement and conspired to deprive the plaintiff's daughter of her civil rights as a female in violation of N.C. General Statute 99D-1.

Brooks, Hess and Stewart are also accused of intentionally inflicting emotional distress on Smith's daughter through actions that "constitute extreme and outrageous conduct which was intended to and did in fact do harm to (the plaintiff's daughter)."

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