HERMITAGE — A Hickory High School student expelled for sexual misconduct and other charges has appealed the decision to Mercer County Common Pleas Court.
The incident occurred Oct. 1 in the school when a boy and a girl, both 14, engaged in a consensual sex act, Hermitage police said. Police said the incident turned nonconsensual when two other boys, ages 15 and 16, became involved.
The boys were petitioned to Mercer County Juvenile Court on rape and other charges, but the 16-year-old boy was acquitted at trial, and the Mercer County District Attorney’s Office withdrew the charges against the other boys.
The 15-year-old boy appealed Thursday. In a letter to the boy’s guardian made public with the appeal filing, school Superintendent Dr. Daniel J. Bell said the school board found the boy guilty of gross misbehavior, inappropriate sexual contact, sexual misconduct, unwelcome touching and disruption of the normal school process.
The boy was expelled from school through Oct. 15, 2010, Bell said, but will be “provided an education in an alternative setting.” The boy is not permitted on school grounds or to attend school functions.
The boy’s name has been made public, but The Herald is not publishing it.