Defendants in hazing lawsuit want case tried in Avery County
By Jerry Sena

Defendants in a lawsuit against the Avery County school board and three assailants convicted in a 2003 basketball camp hazing have asked for a June 13 court hearing to debate the future of the case.

Three recent motions filed with the Watauga County Superior Court have requested the court dismiss the complaint or move it to Avery County where most of the defendants live.

Steve and Tamera Rondinaro filed their civil complaint March 18 following an assault on their then 14-year-old son by four Avery County High School students during a basketball camp on the campus of N.C. State University.

A Wake County court allowed the four students — all associated with Avery’s high school basketball team — to plead guilty to misdemeanor assault charges in the case.

A press release issued by the Rondinaro’s attorney, Michael Vetro, said the lawsuit was prompted by the plaintiffs’ surprise that “the student defendants were allowed to plea bargain more serious sexual assault and other charges down to mere ‘slap on the wrist’ misdemeanors.”

The court’s decision “added insult to injury,” the statement read.

Attorneys for the Avery County Board of Education filed a motion May 12 claiming government entities must be sued in the county where the cause of action…arose.

The Avery board’s motion also notes that the “vast majority of defendants and witnesses reside in Avery County.”

One of the players named in the suit has retained attorney Stacey Eggers IV, to represent him.

Eggers has also asked the court to dismiss the charges or move the venue to Avery County.

According to the Rondinaro complaint, Neal Gragg was an assistant coach on the Avery High School basketball team at the time of the incident. In his response to the Rondinaro’s allegations, Gragg denies any formal connection to the school. He said he was a “mere guest,” with “no duty…to stop any of the alleged assault and battery, false imprisonment, or sexual assault.”

Gragg has also asked to move the dispute to Avery County.

The Rondinaros have named several parties in the $230,000 suit. Along with the Avery County Board of Education, the coaches and players, they have sued N.C. State University head basketball coach Herb Sendek and the office of University Towers – the N.C. State residence hall where the assault is alleged to have occurred.

The suit alleges a total of 10 boys were assaulted, some sexually, by upperclassmen from the Avery County High School basketball team.

 “The breach of duty owed by the defendant coaches,” reads the suit, “was willful, wanton, and in reckless disregard for the safety and welfare of the student athletes.”

Rondinaro also claims to have information indicating hazing was common at the camps. “…[A]t least some of the defendant coaches had or should have had prior knowledge and advance warning that the type of hazing and sexual assaults…had occurred at previous basketball camps.”

*Jerry Sena can be contacted at jtsena@wataugademocat.com