Attorney for Sussex Central High School principal details fight that led to investigation

A Wilmington attorney has released a three-page statement detailing what he says led to the investigation of multiple staff members following a May incident at Sussex Central High School.

Until recently, the Indian River School District had told the public only that Sussex Central “staff members” were placed on administrative leave May 22, while Delaware State Police said only that they were conducting a “criminal investigation” at the Georgetown school.

Then last week, the district announced it had named an “acting” principal at Sussex Central last week, indicating to the public that Sussex Central High School Principal Bradley Layfield was one of the staff members being investigated.

Thomas Neuberger, the attorney representing Layfield, released the lengthy statement Monday, revealing that the ongoing investigation centers on video footage of a May 17 fight between three females in which an 18-year-old's breast was briefly exposed.

When reached by phone, Neuberger also confirmed the identity of a second Sussex Central staff member being investigated by police: Assistant Principal Matt Jones. Jones is one of six assistant principals at Sussex Central, a school of over 2,000 students.

The Indian River School District declined to comment on Neuberger's release.

DETAILS: What we know about Sussex Central High police investigation as acting principal named

What happened on May 17

Layfield was placed on leave “mistakenly,” according to Neuberger, because he “exercised his discretion … in sharing a surveillance video with professional staff with a need to know of a dangerous school fight, with racial overtones, that erupted that day."

The release details a May 17 fight between three unidentified girls. Two seniors started a fight with a junior in a crowded hallway just before school began, according to Neuberger.

The junior was yelling at a boy who, according to Neuberger's release, "had deflated the tires of another student's auto in the parking lot, which she had videotaped." The senior girls "engaged her, told her to shut up, cursed her and started to attack her," before they were separated by a school constable, according to the release.

Assistant Principal Aerin Donovan held one senior while a custodian held the other, according to Neuberger. The senior Donovan was holding broke free "to jump back aggressively and dangerously into the fight," the release states.

Donovan grabbed her shirt, Neuberger said, accidentally "revealing one breast, for 1-2 seconds, for 2-3 steps," before the student covered up and again ran toward the junior.

Background: What we know about Sussex Central High police investigation as acting principal named

By the time Layfield arrived, the fight had ended. Layfield reviewed the footage multiple times that day with about a dozen staff members, which is “common practice,” according to Neuberger.

“This was thought to be a serious fight, possibly with racial overtones," Neuberger said in the release, because staff made two radio calls for help during the fight. Neuberger also noted that the two senior girls were Black and the junior was white.

In addition, “Dr. Layfield reports that there have been countless fights where surveillance camera footage is shared with staff members to keep the school safe and protect students from further fights,” Neuberger said.

Layfield first showed the footage “2 or 3 times” to about five teachers during first period, the release states. He then showed it to Assistant Principal Karen Oliphant and to a state trooper on-site for an unrelated matter.

Next, he showed it to three staff members, “including an interventionist dealing with discipline, and a teacher along a hallway near the fight.” The position of the third staff member was not mentioned in the news release and Neuberger could not recall when reached by phone.

Layfield wanted “to keep them informed and safe about school dangers and dangerous individuals,” the release says.

Finally, Layfield showed the video to District Director of Secondary Education Renee Jerns and Assistant Principal Donovan, according to the release.

“Jerns was on site for a discipline proceeding and was assisted by Donovan that day, who both came to Dr. Layfield to report on the discipline proceeding. Then Dr. Layfield told them to look here at another problem that broke out this very day, since the problem of dealing with fights is within Jerns’ job duties,” the release states.

'Return him to his duties'

School fights are a "major unpublicized problem in this and other public school districts throughout the State of Delaware," Neuberger wrote in the release.

"If they try to terminate him, I can tell you that’s gonna be part of the defense," Neuberger said in an interview with Delaware Online/The News Journal. "Here's a guy trying to make sure we keep a lid on fighting, on violence in schools."

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Neuberger said he does not believe sharing the video with staff is a fireable offense. He believes everyone Layfield showed the video had a right to view it but is “willing to concede that a reasonable person might be able to say (Layfield) should’ve exercised more discretion” due to the student exposure, Neuberger said by phone.

“So write a letter and put it in his file,” Neuberger said. “The district has no written policies on who gets to see surveillance videos. There were no policies, no rules or regulations violated.”

The news release from Neuberger's office put it more simply: Return him to his duties. And clear his good name. STOP THE RUMORS!”

In the written release, Neuberger said he suspects the investigation “is politically motivated either internally at the school or at the central office." By phone, he declined to comment further on possible political motivations.

Though the school did decline to comment Monday, school district spokesperson David Maull offered the following in July.

“It is a regular practice of the Indian River School District to place employees on paid leave in many circumstances, including when there is an allegation, investigation, complaint, threat against the employee, or other instance warranting paid leave," Maull said. "When an employee is placed on paid leave, this should never be construed as expressing or implying that an employee will face employment action or that an employee may have engaged in any wrongful conduct (of any severity)."

He declined to comment further at the time, citing employee privacy laws.

How Jones is involved

Little is known about Jones’ involvement in the situation, which was previously unknown until Neuberger identified him. He could not immediately be reached by phone.

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According to Neuberger's release, “(Assistant Principal) Donovan advised (Layfield) that faculty member Matt Jones had pulled the surveillance footage on his desktop."

While Neuberger confirmed Jones is being investigated, he said neither he nor Layfield know why.

In July, Delaware State Police spokeswoman India Sturgis said her agency had “a considerable witness list to sift through." Last week, she said the investigation was ongoing.

Parents at an Indian River Board of Education meeting last week urged the district to provide information about why staff members were on leave.

"If the administrators are allowed to get away with anything, then the students will think they can, too," parent Pam Long said.

Sussex Central’s school year begins Sept. 5 for freshmen and Sept. 6 for all other students.

Shannon Marvel McNaught reports on Sussex County and beyond. Have a tip? Reach her at smcnaught@gannett.com or on Twitter @MarvelMcNaught

This article originally appeared on Delaware News Journal: Sussex Central High School investigation details revealed by attorney