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Secret deal eliminates SMHS valedictorian

By Lynn Hotaling
The fallout from pipe bombs detonated in December continues to spread and has triggered controversy over student recognition at a local school's commencement ceremony.

During closed-door sessions with a Smoky Mountain High senior charged in connection with the explosions, members of the Jackson County Board of Education negotiated away the positions of valedictorian and salutatorian for this year's SMHS graduation exercises.

The senior ranked first academically, 17-year-old Jennifer Parker, is one of five SMHS seniors facing felony charges after pipe bombs were exploded Dec. 3 and 10 at the new Scotts Creek school site on Parris Branch. With ranking for SMHS graduation exercises based on grade point average at the end of fall semester, Parker was slated to be class valedictorian.

Due to her alleged role in the bombing incidents, however, Parker is no longer attending classes at Smoky Mountain and has apparently been suspended. She will not be allowed to attend the high school's graduation ceremony, said Raleigh attorney Richard Schwartz, spokesman for the local school board.

The secret deal came to light through the efforts of Jim and Rena Rowell of Cullowhee. Their son, 18-year-old A.J., is the second-ranked student in the senior class and in line to be valedictorian in Parker's absence.

During closed discussions with Parker's parents, Jerry and Pat Parker of Cullowhee, and her lawyer, Burt Smith of Waynesville, members of the local school board apparently agreed that neither a valedictorian or salutatorian would be named at SMHS this year.

"I don't question that if she's number one, and she graduates, she's the valedictorian," said Jim Rowell. "But if she's suspended, why wouldn't they go to the number two student?"

Jerry and Pat Parker negotiated the agreement, they said, to protect their daughter.

"On an equal playing field of academic competition, our daughter Jennifer finished first through the seven determining semesters used for class rank.We would have been remiss as parents not to have protected our child's rights," the Parkers said.

Jim Rowell asked SMHS Principal Ken Henke what would happen if the senior who ranked first in the class after seven semesters moved away. Henke's answer, Jim Rowell said, was that the second-ranked student would then become valedictorian.

"My next question was, 'if someone is suspended and can't participate in graduation, why wouldn't you go to the number two?'," Jim Rowell said. "Why suddenly decide not to honor anyone?"

The Rowells visited Henke after hearing rumors that some sort of deal had been struck; the principal confirmed that no valedictorian would be named this year.

After meeting with Superintendent Frank Burrell, the Rowells discussed the matter with the school board during a Jan. 24 closed session. They received a letter one week later informing them that neither a valedictorian nor salutatorian would be named at SMHS this year.

"The Jackson County Board of Education has approved a recommendation from Mr. Ken Henke, principal, and Mr. Frank Burrell, superintendent, to eliminate the recognition of valedictorian and salutatorian at commencement exercises for Smoky Mountain High School this year. There is no board policy which requires those designations be made. The Board of Education does not plan any further action on this issue," stated the Jan. 31 letter signed by Burrell and school board Chairman Martha Queen.

Jim Rowell said he disagrees with the school board's decision and indicated he will seek legal advice concerning his son's rights. He also expressed frustration at the fact that A.J. Rowell will not be named salutatorian, an honor he earned based on his second-highest academic ranking after fall semester.

"I am simply astounded over this whole matter," Jim Rowell said. "The message that this sends to students is that in the end, it really doesn't matter that you strive to be the best in your academic pursuits, that you obey school rules, and that you obey the laws of the state of North Carolina. What matters is that your parents, with an attorney, can go behind closed doors and negotiate a 'secret' deal with the principal, the superintendent and the school board.

"To punish young people who had nothing to do with the events that brought this matter about is, in my estimation, wrong. And because I think it is wrong, I intend to stand up and be heard," Rowell said.

The secret nature of the agreement eliminating the valedictorian and salutatorian concerns N.C. Press Association lawyer Amanda Martin.

Under the state's Open Meetings law, such a decision should have been made publicly, Martin said. "They could have had discussions (about whether to have a valedictorian and salutatorian) without naming individual students," she said. "I believe those decisions should have been made in open session."

Martin expressed surprise at the school board's handling of the situation. "What they're doing is punitive of someone (second-ranked A.J. Rowell) who's done nothing wrong," Martin said.

Attorney Schwartz, retained by the local school board to handle negotiations with the bombing suspects, maintained that the closed session deal was proper in this instance because the issue was raised with regard to a specific student.

"There was some question as to class rank, and rather than deal with that as a potential further legal issue, the board decided there would be no recognition," Schwartz said. "There is no board policy on valedictorian or salutatorian."

When asked why the Rowells, parents of the second-ranked student, were not included in these negotiations, Schwartz said that "once a decision had been made (not to have a valedictorian or salutatorian), there was nothing further to discuss." Because school board policy does not require a valedictorian or salutatorian, Schwartz said, there is no entitlement or legal claim to such a designation.

Both Superintendent Burrell and Principal Henke confirmed that the decision to eliminate a valedictorian and salutatorian this year was based on negotiations with pipe-bomb suspects; both declined further comment.

Attorney Schwartz confirmed that none of the senior suspects are currently attending SMHS and will not be in school there for the remainder of the year. In addition, they will not be allowed to attend graduation, he said.

Agreements were struck with the bombing suspects, Schwartz said, because the students were entitled to various levels of hearings. The negotiations and settlements precluded a lengthy series of hearings and allowed an alternative means for the suspects to continue their education, he said. State law encourages school boards to find a way for young people in such circumstances to continue in school, Schwartz said.

The Parkers issued the following statement: "On Dec. 22, Jennifer was requested to appear before Superintendent Frank Burrell and SMHS Principal Ken Henke with the suggestion that she bring an attorney. It was not revealed that Board of Education attorney Richard Schwartz would be present and dominate the inquisitory meeting.

"We were informed that Jennifer will be awarded a diploma as a graduate from Smoky Mountain High this spring without her attending graduation ceremonies.

"A basic tenet of our Constitutional law is presumed innocence. As a result of the political tenor of the times, Jennifer has accordingly surrendered much and will always be stigmatized regardless of the ultimate outcome in court.

"What she has earned outright and was not awarded is her class rank," the Parkers said.

Jennifer Parker and four other seniors are charged with possession of weapons on school property, felony possession of weapons of mass destruction and malicious property damage. North Carolina statutes mandate one-year suspensions for students who bring weapons onto school property; however, state law gives school boards the flexibility to provide educational services in an alternative setting for such students.

None of the five senior suspects (Jennifer Parker, P.T. Parker, Josh Haddock, Travis Shepherd and Matt Breedlove) charged in the incident are attending classes on the SMHS campus; it is believed all five have been suspended. They are thought to be completing credits needed for graduation at Southwestern Community College and are expected to receive SMHS diplomas.

School board members took "final disciplinary action" against the five during closed sessions Dec. 22 and Jan. 14. Eric Ridenour, attorney for P.T. Parker, confirmed that his client has been suspended from school. Attorneys for other senior suspects declined comment.

Also charged in connection with the December explosions, which destroyed a portable toilet at the school construction site, were a 17-year-old SCC student, Andrew MacRae, and a 15-year-old SMHS sophomore whose name has not been released due to his status as a minor.

Charges against the six 17-year-olds were on the docket for last week's Grand Jury; however, not enough jurors were present for any cases to be heard.

Probable cause hearings for all six were on the Feb. 8 court calendar, but the cases were continued until the Grand Jury next meets Feb. 21.

Charges against the 15-year-old will be handled through the juvenile justice system. School system disciplinary action concerning him was taken by SMHS administrators, and he has returned to school.

Assistant Editor Carey Phillips contributed to this report.

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