By JAN McLAUGHLIN
BG Independent News
Bowling Green City Schools is being sued for “recklessness” that allowed a strength and conditioning coach working at the high school to rape a student.
Zachary Gibson, 35, was found guilty by a Wood County jury last year of 19 charges – 16 which were sex offenses involving minors. He was sentenced to more than 60 years in prison, and is currently in London Correctional Institution.
Gibson, who worked with students through a contract with Fastrak Performance of Perrysburg, was found guilty of three counts of rape, three counts of gross sexual imposition, two counts of sexual battery, one count of illegal use of a minor in nudity-oriented material, six counts of pandering sexually-oriented matter involving a minor, and one count of disseminating matter harmful to juveniles.
Earlier this year, the former student, referred to as John Doe, and his parents filed a lawsuit against Bowling Green City Schools, former superintendent Francis Scruci, current athletic director Michele Wolf, former high school human resources generalist Adrienne Radebaugh, and the BGCS Board of Education.
The Doe name is being used in the lawsuit to shield the now 19-year-old from further harm, harassment and invasion of privacy.
In court filings from the defendants, the district denied Gibson was employed as a coach or volunteer with the district, denied he was an approved and authorized volunteer, employee or agent of the district. Gibson was an independent contractor who provided strength and conditioning services through his employment with third party Fastrak Performance, the district responded.
The lawsuit alleges that the school district and board did not have adequate volunteer policies in place, and did not respond correctly when a background check showed problems with Gibson.
The district allegedly wanted to give Gibson a “second chance” after a 12-year-old conviction for disseminating materials harmful to juveniles was reported.
“The board and the district did not have a policy regarding background checks or minimum requirements for its volunteers,” the lawsuit states. “It is the board’s responsibility to take preventative measures to ensure the safety of its students.”
Although not required by Ohio law, most school boards require background checks for volunteers or for anyone around students.
“The board and the district’s failure to train and educate its administrators, teachers, employees, staff or agents on procedures and guidance regarding volunteers that are placed unsupervised with minors was willful, wanton, recklessly negligent, intentional or reckless,” the suit states.
Schools have a duty to students and parents to ensure safety by conducting thorough background checks and adhering to policies designed to prevent individuals with potentially harmful histories from being in positions where they can harm students, the lawsuit states.
“Students and parents rely upon schools to keep their children safe, and it is understood that a school system or its administrators armed with the knowledge Scruci and Wolf had would never allow an individual like Gibson around its students,” the suit states.
Gibson was hired in June 2021 as an independent contractor to work with the BGHS boys basketball and baseball teams. In November 2021, the district requested a background check from Gibson, who advised that he had a background check done the month before through the Toledo Diocese.
Later that November, the Toledo Diocese sent an email to the school district, forwarding Gibson’s BCI and FBI reports along with a message that “Gibson was not cleared to minister with youth.”
According to the lawsuit, district officials failed to share this information, and allowed Gibson to continue working with minor students.
Ohio law requires school districts to provide notice to a parent if a criminal records check is conducted on a volunteer and reveals that the individual was convicted of, or pleaded guilty to certain offenses. The statute states that districts may no longer use the volunteer in a position involving unsupervised access to children on a regular basis unless a notice is sent to parents.
No such notice was provided, according to the lawsuit.
Upon noticing changes in their son’s behavior, the Doe parents in early April of 2022 reported the matter to the Wood County Sheriff’s Office. The sheriff’s office conducted an investigation and discovered multiple victims, including Doe.
Gibson was fired by the district later that month, and was arrested in June of 2022.
The lawsuit also states that the BG Board of Education granted a merit base raise and bonus to Scruci in summer of 2022. The board never disciplined Scruci or Wolf, showing indifference to student safety, the court documents state.
The former student and his parents state in the suit that Doe will continue to incur medical, hospital, professional therapy and other healthcare-related expenses due to the abuse.
The Does are asking that compensatory and punitive damages be awarded, with the amount to be determined at trial. The case is scheduled to be heard by Wood County Common Pleas Judge Matt Reger.
In July of 2022, the BG Board of Education updated its policy regarding criminal background checks for contracted school services. The policy states the district will not hire anyone who has contact with students unless they undergo a background check.
At the time the allegations came to light, district administrators said that they did not conduct background checks on third-party contractors. Both Scruci and Wolf said they had not known that Fastrak Performance didn’t conduct background checks on trainers sent to many school districts in the region.
