A select group of students, most female, received an email Feb. 12 bearing the URL http://thedashxx.webs.com in the message body. The emails were sent from thedashxx@gmail.com. Many of the messages included a subject line greeting the recipient, suggesting the site’s creator is a student. Text messages and Twitter posts brought the site to broader attention, and the site has angered students and dominated conversations throughout the school this week.

According to Case Western Reserve University Law Professor Karla Bell, who reviewed the DASH at the Shakerite’s request, sensitivities to cyber bullying have increased nationwide after reports of student suicides attributed to online harassment. According to the 2011 Supreme Court case Kowalski v. Berkeley County Schools, if content posted on a website from home is primarily for the use or entertainment of classmates, the school has the right to discipline the facilitator of that site for disrupting the learning environment. Therefore, the DASH creator is subject to administrative discipline.

The DASH homepage prominently features the Raider mascot and offers rationale from its creator, who has “sat here for the past six months laughing at the drama that has ensued” this school year and asks for subscribers to send tips to for future posting.

The site’s homepage suggests Shaker’s “color wars to class wars, a total of over ten arrests at school events, seniority and juniority rivalry, break ups and make ups, and the President’s appearance” as possible subjects of discussion. The site’s administrator asks the readers to “keep me posted with pictures and stories about everything that’s going on in The Shake” and provides an email address to do so.

The first post under the news section was a photo of senior Marissa Miller and President Barack Obama taken during his Jan. 4 visit. The post asked visitors to submit information about Miller and the conversation she had with Obama about her black eye. Miller objected to discussion of what she considers a personal matter, and said that after she sent the DASH a complaint, the post was removed by first period Feb. 13.

Additional posts refer to subjects by their initials, while one praising boys for “bringing their A game” on Valentine’s Day used first names. Other posts comment on dating relationships and often focus on the age difference within couples. One such post notes that “a lucky college boy” has taken a junior girl “off the market.” Such a claim can suggest an adult and minor breaking a law. Another tip states that “Shaker boys just can’t get enough” of a student identified by initials. The initials could represent more than one student in the high school, and the content could be considered damaging to those students’ reputations.

 “Students identified by initials are more likely to feel targeted,” Bell said. She also explained that the parents of the student identified have a right to sue the creator. If anything posted on the website is found to be untrue, students implicated can sue for libel. In addition, Bell explained that if pictures are posted that suggest illegal behavior, police have a right to look at it and contact parents of the students shown.

Soon after Miller complained about the post, the site administrator posted this disclaimer: “My intentions are not to humiliate or jeopardize anyone’s reputations. This is solely for entertainment and communication.”

The site administrator also posts messages to the audience, including one thanking a friend for warning him or her about potential Shakerite coverage.

The post stated, “S/O to my main [deleted] for the heads up on the possible upcoming Shakerite article. You know who you are. Thanks for having my back.”

 Updated February 22, 2012

Shaker schools are in session Feb. 17, the Friday before Presidents Day weekend.

According to Director of Communications Peggy Caldwell, the Friday before the federal holiday becomes a school day, by contract, depending on several factors.

“If New Year’s Day falls on a Saturday or Sunday, making winter break 11 days rather than 10, if two Jewish holidays fall on school days, or if Good Friday does not fall during spring break, the Friday before Presidents Day Weekend becomes a school day,” Caldwell said.

She explained that there must be 180 instructional days per year so the schedule “all depends on how a number of things line up.” Three years ago marked the last time school was open the Friday before the holiday.

A committee comprising teachers, parents and administrative and clerical employee representatives meets periodically to set the district calendar.

Sophomore Class President Matthew Podl is not happy about this year’s calendar. “We’re just kids trying to get out of school. One more day off would be appreciated,” Podl said. “No one wants to come to school, and that one day is not going to make a difference.”

Many of these people have never talked to you outside of class, but in the presence of your gum, they are suddenly devoted to you. However, they are just thirstin’ for your delicious piece of Prism-flavored Five gum. To avoid ridicule for being stingy, you reluctantly give up one piece of your freshly unwrapped, chewy delight – after which everybody else joins the huddle and hustles your gum.

They need to hop off.

Hey, annoying stranger I DON’T know and am not about to answer! Why do some people find it fun to chat up random people outside of school? I’m sure I don’t want to know the reason, but I know you’re not trying to make a new best friend. So leave me alone! Walking home or meeting my ride while lugging a backpack on my shoulders, the last thing I want to do is have a conversation with some ignorant snob who thinks he is the coolest thing since . . . ever.

Adrian Barker (’06) got in a fight in 2009 for which he and Ronald Kelly (’08) were convicted of killing Kent State student Christopher Kernich.

A few insults led to a full-blown fight in which, according to the testimony of Kent student Tyler Martin, Barker “came pretty much out of nowhere on a 15-yard sprint at the victim and was running at full speed and he crow- hopped and hit him in the back of the head.” When Kernich fell, his head hit the concrete and suffered a fatal brain injury. Several witnesses described the gruesome event, testifying that  Barker and Kelly stomped on Kernich’s head after knocking him to the ground.

Although Barker’s conviction was reversed on appeal, he will not likely escape further prosecution. This sad case reminds us that there’s nothing entertaining about violence.

The appeals court ruled that the judge should have instructed the jury on the options of assault, involuntary manslaughter and reckless homicide, all of which carry lighter sentences than the 15 years to life in prison that Barker received when convicted for murder.

This reversal does not mean Barker is free. He remains incarcerated for tampering with evidence. The Portage County prosecutor has also indicated he will appeal the reversal to the Ohio Supreme Court.

This seems incredibly short-sighted to me. Isn’t the whole point of SGORR to foster relationships across races and genders? What could be a better sign of the success of this group than to take pride in its diverse members eating and socializing together in public?

 
Robert White, Latin teacher

“Everybody, of course, is in great, great spirits,” he said in a cell phone interview while driving from the Barker family house to the high school. Of Barb Barker, Adrian’s mother, Slawson said, “She was laughing and crying at the same time.”

“All of us have been waiting and praying for this day,” said Slawson, who has known Barker since he was 10 and who publicly supported Barker’s cause. He has visited Barker at the Trumbull Correctional Institution in Leavittsburg three or four times, most recently in late December.

“He’s done remarkably well, he’s stayed strong,” Slawson said, adding that he can’t imagine anyone handling the situation better. Slawson and former math teacher Al Siebert designed and sold “Team Adrian” T-shirts to raise money for Barker’s defense.

Barker (’06), whose murder conviction was overturned today, may face trial on lesser charges. Slawson said neither he nor Barker’s family had yet read the appeals court’s 59-page decision.

“My hope for him is just that he can realize his potential as a person,” said Slawson, who coached tennis at Shaker from 1980-2007 and taught math. He took the same jobs at Beaumont in 2009. He hopes Barker can “lead the life of his choice.”

The men were convicted in the death of 23-year-old Kent State University student Christopher Kernich, who suffered fatal injuries during a fight near the KSU campus in the early hours of Nov. 15, 2009.

Barker and Kelly were leaving a fraternity party that night, and the car they were riding in nearly collided with Kernich and others who were walking on the sidewalk. According to testimony, after Kernich directed “unfriendly” comments at the vehicle, the driver parked and exited the car along with Barker and Kelly, who began to fight with Kernich.

Barker knocked Kernich to the ground, and his head hit the cement, fracturing his skull. Witnesses testified that Barker and Kelly then kicked and stomped Kernich repeatedly with “soccer kicks” while he lay motionless. Kernich died at the hospital days later, and Barker and Kelly were eventually found guilty of his murder.

Two separate panels from the Ohio 11th District Court of Appeals heard the cases. In its opinion upholding Kelly’s conviction, the court stated, “Nothing indicates that the jury lost its way when relying on the evidence such that a manifest miscarriage of justice occurred.”

In its opinion vacating Barker’s murder conviction, the other panel cited poor jury instructions. “Due to the trial court’s failure to instruct the jury, as required by law, on the lesser included offenses of assault, involuntary manslaughter, and reckless homicide, appellant’s convictions for felonious assault, felony murder, and murder must be reversed and the case remanded for a new trial on these charges.”

Barker and Kelly were both originally sentenced to 15 years to life in prison after juries in separate trials convicted the men of murder and felonious assault in 2010. The appeals court upheld Barker’s conviction for tampering with evidence.

The original cases rallied support for both sides. An “official support group” for Barker and Kelly and a Facebook page condemning the defendants arguing, “keep the criminals behind bars,” were both created following the Nov. 15 events.

Click here to read why the appeals court reversed Barker’s conviction. 

Click here to read the court’s full opinion in the Barker appeal.

Click here  to read the court’s full opinion in the Kelly appeal.