BASD civil suit slated for trial
District faces lawsuit over Blazier’s sexual assault of student
Trending
HOLLIDAYSBURG -- An effort to hold Bellwood-Antis School District accountable for its alleged role in failing to protect a middle school student who was sexually assaulted by a wrestling coach is scheduled for trial in October in Blair County Court.
Attorneys representing the school district and the student took about six hours Wednesday to present Senior Judge Timothy M. Sullivan with pretrial motions and arguments.
Before the trial begins Oct. 10, Sullivan will be expected to issue rulings that will set boundaries for witness testimony and how the trial proceeds.
Sullivan is also slated Oct. 2 to preside over the selection of jurors who will be questioned about their knowledge of the case.
In court Wednesday, Sullivan reported that former coach Ryan Blazier, an inmate at the State Correctional Institution at Huntingdon, had asked for the case to be put on hold until arrangements are made for his transportation to court.
While the lawsuit names Blazier and the school district as co-defendants, Blazier hasn't been involved in the civil court proceedings that moved forward after his conviction. The former coach, who was tried and convicted in October 2021 of seven sexual assault offenses, is currently serving a sentence of 21 to 42 years' incarceration.
Sullivan on Wednesday showed no interest in halting the proceedings that have been moving toward trial. But the judge said he might be inclined to issue an order allowing Blazier to be transported to the courthouse for jury selection and trial. However, the judge added that at trial, he would prohibit Blazier from cross-examining the student victim because Blazier's liability was already addressed in the criminal court trial.
Attorney Lisa Siefert, on behalf of the school district, asked Sullivan to consider entering a directed verdict recognizing Blazier's liability. She and fellow attorney Jamie Doherty have taken the position that Blazier alone -- and not the school district -- are responsible for what happened to the student.
The victim's attorneys, Bryan S. Neiderhiser and Bradley Holuta, however, maintain that the school district is liable too, based on the actions or lack of actions by its personnel.
In their pretrial motions, Neiderhiser and Holuta pointed out that two school district janitors witnessed or learned of interactions between Blazier and students that should have prompted them to report their suspicions through a child abuse hotline.
The attorneys put the responsibility for the janitors' lack of action on the school district and its failure to provide proper training in reporting suspected child sexual abuse.
Siefert challenged that allegation and told Sullivan: "Let's be clear. The janitors didn't witness any sexual contact."
Janitor Thomas Gority, who testified during Blazier's criminal trial, said he heard a scream, prompting him to go to a room where Blazier was standing above a quivering student. Gority said Blazier claimed to have been training the student in wrestling maneuvers. The student later revealed that Blazier was sexually assaulting him.
Attorneys for the student are asking Sullivan to bar school district personnel from testifying about Gority's personnel record that includes disciplinary actions. School district attorneys maintain the record is relevant because Gority, when angry with his supervisors, reportedly said: "I'll get you."
Neiderheiser told the judge Gority's personnel issues aren't relevant to the case and if the district is permitted to introduce such testimony, then they want to show Gority's videotaped deposition so the jurors can hear and see him. Gority is not available to testify in court because he recently died.
The attorneys also presented other witness testimony issues for Sullivan to consider, including one that would prohibit school district witnesses from suggesting that a verdict in favor of the student would be costly for the school district or cause its real estate taxes to increase.
"There's not a shred of evidence that the district couldn't afford an $85 window," Neiderheiser said in reference to the lack of a window on the door of the room where the janitor found Blazier and the student.
Seifert said the district doesn't intend to argue that.
In the civil court lawsuit, the attorneys are seeking monetary damages to compensate the student for prior and future medical expenses and other losses. The district's insurance company would be expected to cover any compensation that a jury would award.
Mirror Staff Writer Kay Stephens is at 814-946-7456.