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No charges to be filed against West Catholic cross country team

  • Updated:2/24/2010 12:33:53 PM - Posted: 2/24/2010 9:25:48 AM
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GRAND RAPIDS (WZZM) - The Kent County Prosecutor has decided to not file any charges in a case of improper conduct concerning the Grand Rapids West Catholic High School Boy's Cross Country team.

The series of incidents took place between August 1, 2009 and October 30, 2009 during last fall's cross country season.  The Grand Rapids Police had asked the prosecutor to determine if charges were warranted.  The school has suspended the 2010 boy's cross country season due to the incidents.

WZZM 13 - West Catholic cancels season after vulgar behavior

The prosecutor says that most of the incidents involved 12 members of the team, primarily involved in "gobbling" -- the act of poking or grabbing a teammate in the area between the scrotum and buttocks.  Many of the allegations involved "gobbling" over clothing during training runs.  The prosecutor determined there was no evidence of penetration and there were no reported injuries.

There were also numerous allegations of "five-starring" - slapping one another on the back or buttocks to leave a handprint.

In a press release, the prosecutor says that at least two team members have refused to be interviewed and several others have been "less than forthcoming about what happened," and "while such unwanted 'touching' is technically an assault and battery, this type of behavior... does not merit criminal prosecution; particularly when, depending on the incident, each of the participants could potentially be both a victim and a defendant."

The prosecutor goes on to say that while other incidents include indecent exposure and assault, the criminal justice system is not the "appropriate venue to address these matters.  While they were inappropriate, offensive and admittedly criminal in nature, given the age of the offenders, their lack of criminal record and the isolated nature of the behavior (i.e. in the context of their participation on the cross country team), any punishment is best left to the administration of West Catholic High School."

We'll have more on this story throughout the day.

The prosector determined that some of the athletes