An Arkansas City Middle School student accused of urinating in the water bottles of other students last month is eligible to enter a diversion-type program, Cowley County Attorney Larry Schwartz said Thursday afternoon.
The juvenile, who has not been identified, faces 10 counts of misdemeanor battery following an Arkansas City Police Department investigation into the Sept. 24 incident.
Police have turned over information in the case to Schwartz’s office, though the county attorney said it has not yet been reviewed.
“He has no criminal history and these are misdemeanor charges,” Schwartz said.
That would make him a candidate for Youth Services’ immediate intervention program. The program serves as an alternative to formal prosecution, providing supervision and an individualized intervention plan. The invention program differs slightly from the diversion seen in adult prosecutions, in that a resolution comes before charges are ever formally filed.
“His parents would have to agree to his entering that program,” Schwartz said. “But most parents do choose that option.”
If the family declines, the county attorney’s office would continue reviewing the case to determine whether to file formal charges.
Board meeting
According to reporting by the Cowley Courier-Traveler, the incident occurred Sept. 24 in the boys’ locker room at Arkansas City Middle School, where a student admitted to urinating in several students’ water bottles. Eleven students were affected.
Parents expressed frustration at Monday’s school board meeting over what they described as poor communication from district officials and a lack of follow-through on promised testing and updates. Some board members offered apologies to parents during the meeting, while others criticized Superintendent Ron Ballard for delays and confusion surrounding the district’s response.
Jason Howerton, whose son was one of 11 students affected, attended Monday’s meeting and was critical of how the issue was handled. He said district officials should have taken things more seriously with regard to student safety. When contacted by Cowley Post Thursday, Howerton did not wish to comment further.
“I’ve pleaded my case with the board and that’s where I stop at this point,” Howerton said.
Ballard, according to the Courier report, told the board the student had since been tested, and Cowley County Health Officer Tom Langer later confirmed there was no risk to the health of other students, saying his office conducted a thorough review and found “no issues of concern.”
