Crime

‘Poop D***’: Parents Sue NH School District After Son’s Butt Was Forcibly Tattooed By Fellow Students

The parents of a high school student who was allegedly bullied, abused and — forcibly tattooed — are suing a school district in Concord, New Hampshire. The situation reached a boiling point in 2010 when 14-year-old Zach Austin was purportedly convinced to cut class. According to the Daily Mail, Austin was led into a man’s basement, where five people forcibly branded his buttocks with an obscene picture and phrase.

The teen’s parents, Michael and Tammy Austin, maintain that the Concord School District could have done more beforehand to protect him from the attack. Austin, who apparently had a history of cutting class and of having problems with fellow students, had suffered quite a bit of torment from fellow students prior to the incident.

Austins Sue NH District After Sons Buttocks Forcibly Tattooed

Tammy and Michael Austin (left and right) are suing their son's school district (Image Credit: Facebook/Daily Mail)

The Concord Monitor provides information on Austin’s complicated in-school background:

One teacher wrote in an evaluation his freshman year that he was “a pleasant, well behaved young man who never disrupts the class,” according to the court file.

He was also, she wrote, “someone who had an obvious problem of knowing when to ask for help.”

Zach had asked for help in early 2010, according to the suit, when he told his parents that kids at school were “teasing and harassing calling him ‘gay,‘ and a ’faggot.’ ”

His father, Michael Austin, told him to report any bullying to a teacher or Assistant Principal Ben Greene. Zach didn’t follow through because, the suit alleges, the school hadn’t told students the proper channels for reporting bullying and because of his “documented acute problem with learning disabilities and self-esteem issues.”

Greene, the assistant principal, spent many days tracking Zach down when he noticed the boy skipping class to hang out in the Holt Street neighborhood, White Park or the senior parking lot. Zach received three after-school detentions in December but skipped all of them and was given an in-school suspension.

To confront these issues, the district had decided, just one month before the May 2010 attack, to assign someone who would walk him to classes and ensure that he wasn’t being bullied. On May 10, though, it seems Austin, whose parents also complain that his teacher was doing little to help ease the impact of his Attention Deficit Disorder (ADD), didn’t have the purported escort that had been assigned to him.

Austins Sue NH District After Sons Buttocks Forcibly Tattooed

Concord High School (Image Credit: Facebook/Daily Mail)

Thus, he was lured by the five men (some of whom were teenagers and students at the school) to a local home where he was subsequently tattooed with the words “Poop D***” and a drawing of a penis.

According to the Monitor, the perpetrators – Donald Wyman, Blake Van Nest, Travis Johnston and Ryan Fisk — pleaded guilty to charges related to the incident back in September and October 2010. They were sentenced to serve between three days and six months in jail. Three of the men — students at Concord High School — were expelled. A fifth individual, Zach Hebert, was also named in the parents’ lawsuit against the district as being responsible for the incident.

Initially, the parents claim that Austin did not tell them about the incident. Instead, he reported it to a guidance counselor who purportedly didn’t notify them. Michael and Tammy were not informed about what happened, they claim, until another teacher overheard students talking about the incident and then notified administrators (who called the police).

“The school is the responsible party that should be accountable in this situation, not some juveniles and a couple of kids who aren’t in a position to understand and know what the school knew about our client,’ Chuck Douglas, the parents’ attorney, told the Monitor.

Austin has since left Concord High School and is currently attending a different educational facility. The case is scheduled to be heard by a jury before October.

Comments (67)

  • blackyb
    Posted on May 3, 2012 at 1:47pm

    That tattooing just blows my mind. What is next?

    Report Post » blackyb  
    • DonLukas
      Posted on May 4, 2012 at 7:56am

      Here in San Diego in high school the little vatos (wanabee gangsters from mex.) would tatt each other in the back of class, for reals yo.

      Report Post » DonLukas  
  • bigfatslob
    Posted on May 3, 2012 at 1:21pm

    School is NOT responsible ( I don’t believe I said that ), the parents are looking for deep pockets. I hope the jury sees through this and grants the school district court costs to be born by the Parentards.

    Report Post » bigfatslob  
    • MittensKittens
      Posted on May 3, 2012 at 1:48pm

      If that was my child, first I would not have allowed it to go that far, some parents these days don’t know what, where or who their kids are…second, the pukes that did this should have been charged with a sexual crime.

      Report Post » MittensKittens  
    • Dishevel
      Posted on May 3, 2012 at 2:42pm

      I can tell you for sure who is not responsible in this case.
      The parents.
      Since they are not going to be responsible for their children they need to look somewhere to find someone to blame.

      Report Post »  
    • dagwood
      Posted on May 3, 2012 at 4:02pm

      I think you guys aren’t getting it . The school and the system have been fighting to teach and educate these kids to also indoctrinate them and teach them their style of critical thinking. It’s hard to fight the system. The school wanted the responsibility , well reap what you sow school district, you going to get what you deserve.

      Report Post »  
    • quiltgal
      Posted on May 3, 2012 at 6:16pm

      @ Dagwood

      You have a point. The socialist/communists in government would undoubtedly like to marginalize parental influence so they can indoctrinate our children. And if they gain complete control over our children, ideally they should take the responsibility for the children they reap. However, the school district wouldn‘t exist without the taxpayer and it is the taxpayer who ultimately pays for the school district’s folly. Ultimately, parents will need to take back control of their schools or suffer the consequences–indoctrinated, alienated, badly educated children and schools that bankrupt them.

      Report Post »  
    • RandyOfLaramie
      Posted on May 3, 2012 at 6:22pm

      BS the school is responsible. Parents put their children in the school systems hands and expect the school to do what is right. If this child had been gay the school sure as hell would of done somethign.

      Report Post »  
    • quiltgal
      Posted on May 3, 2012 at 7:11pm

      @randyoflaramie

      Some parents want to cede all responsibility to public schools. Fine for parents who don’t really care what happens to their kids. Not fine for those who do care. Don’t give your child over to the schools! Your child’s education is not necessarily top priority in public schools. Union interests often come first. Don’t “expect” public schools to “do what is right.” Parents, taxpayers, citizens who care about our kids need to get involved NOW.

      Report Post »  
    • Mastermagi
      Posted on May 4, 2012 at 8:19am

      Let’s see…the parents knew their son had issues at school, including cutting class. They complained that the school should have supervised their son better.

      Here’s an idea: why didn’t the parents teach the kid better, then sit next to the kid in class. His attendance would have been better, and his attitude would have been adjusted. In fact, if they were next to him he wouldn’t have been able to skip class for the branding.

      The branding was sick and twisted, and those who did it should be prosecuted and branded, themselves. However, I believe the parents are equally responsible. What to do about them?

      Report Post »  
  • calyptratus
    Posted on May 3, 2012 at 1:20pm

    Their defense will be that they thought he was a sailor and meant to tattoo Poop Deck

    Report Post » calyptratus  
  • quiltgal
    Posted on May 3, 2012 at 1:11pm

    Fear of lawsuits has hampered teachers and schools in their ability to restrain students who are disruptive in the classroom. I’ve heard of cases where teachers turn their heads the other way when student violence happens right before their eyes. In a quandary, they throw up their hands and wait for the police to arrive. In the meantime, kids get hurt. Lawyers have caused this. Now, to top off this ethical quandary, schools are apparently expected to take responsibility for incidents that happen OUTSIDE the classroom! Lawyers have caused this too. Blame everyone but yourselves and take no responsibility is the message to parents of problem children. And extract some money from taxpayers while you’re at it. God knows our schools and teachers are failing to turn out educated children. But discipline problems fall mostly on the shoulders of parents and a misguided and, in some cases, grossly unscrupulous legal profession.

    Report Post »  
    • May Clark
      Posted on May 3, 2012 at 3:33pm

      Lawyers are the cause of many terrible problems in this world. They have too much power and, often, very little integrity.

      Report Post »  
    • quiltgal
      Posted on May 3, 2012 at 5:37pm

      @ May Clark

      Yes, I think you’re exactly right, and our president is one of those lawyers without integrity. He‘s causing us more problems than he’s solving, turning citizens against citizens, making us a nation divided against itself, encouraging every special interest group to make unreasonable demands of taxpayers.

      Report Post »  
  • nobull14
    Posted on May 3, 2012 at 1:07pm

    The parents look like a couple of mental midgets so what do you expect from the kid ? I don’t know at 14 years old I would not be taking my pants off for no group of guys ? maybe girls ? this sounds so stupid !!!!!

    Report Post »  
    • oldsoldier10
      Posted on May 3, 2012 at 1:18pm

      WOW nobull14
      You are a terrible excuse for a waste of human tissue! You say the kid, who was allegedly bullied, abused and — forcibly tattooed — ,and the parents are mental midgets, YOU ARE a worthless excuse for a human, why are you continuing to wasting oxygen? You are judging the parents and kid because they dare protest? You are a mental deficient waste of matter.

      Report Post » oldsoldier10  
    • lukerw
      Posted on May 3, 2012 at 2:36pm

      Each person… has an Inalienable RIGHT to their own BODY… and any Trespass requires Permission of the Owner… or a Court Order/Warrant!

      Report Post » lukerw  
    • Mastermagi
      Posted on May 4, 2012 at 8:22am

      Old Soldier, the parents complained, true, but that’s all they did. How come they didn’t teach their son to stay in class? How come they didn’t go to school and make sure the kid was in class? How come they wanted the school to monitor his behavior, but chose not to do it themselves?

      No. The parents are at fault for allowing this to escalate. I assure you that wouldn’t happen to my child.

      Report Post »  
  • RANGER1965
    Posted on May 3, 2012 at 12:58pm

    A good martial arts school might have made a difference here. The intense workouts along with enforced self discipline might have helped his ADD alot.

    The self confidence and ability to handle himself in a fight would have taken care of much of the rest. It’s amazing watching bullies deflate when they meet a good front kick to the solar plexus.

    And if despite everything he was still being bullied and taken advantage of?

    Well that’s what a good Dad is for.

    RANGER

    Report Post » RANGER1965  
    • woebegone
      Posted on May 3, 2012 at 1:22pm

      Agree entirely. If your kid has challenges wouldn’t it make sense to counter them? Isn’t that what parenting is?

      Report Post »  
  • garylee123
    Posted on May 3, 2012 at 12:56pm

    Methinks there is more to the story. But we will never see it. Typical story to stir up emotion.

    Report Post »  
  • sallyredneck
    Posted on May 3, 2012 at 12:47pm

    The parents of the teens should be held responsible, each child should have a tatoo of the boy written on there back. As far as Zach Austin he didn’t realize that these boys were so mean, his only mistake was trusting.

    Report Post »  
    • woebegone
      Posted on May 3, 2012 at 1:19pm

      ADD is not the same as mentally retarded (and yes that is the clinical term). In addition ADD is over diagnosed, almost criminally over diagnosed, to cover all sorts of reasons that kids aren’t able to function in school BECAUSE IT IS REIMBURSABLE!!!! The truth appears to be that this kid had a lot of problems, which isn’t surprising given that his parents are suing the school which seems to have gone to some expense to accommodate his difficulties–thereby tacitly accepting responsibility? I suspect the courts will think so. This is America today. Have a child because you have the biological ability to do so, a function yeast can perform by the way, then send it out to the world and expect it will do OK. Well if your a yeast, likely you will do OK, but humans are more complicated by all accounts–though there do seem to be an awful lot of yeast people in the world I admit. We see stories about them every day. The unfortunate thing is that this particular human brand of yeast has lost the instinctual ability to help in any way, even so simple as making bread, this yeast just taken to sitting around making mold.

      Report Post »  
  • Cavallo
    Posted on May 3, 2012 at 12:45pm

    Sexual assault. The suit is on shaky ground but the perps should be required to register as sex offenders.

    Report Post » Cavallo  
    • Dougral Supports Israel
      Posted on May 3, 2012 at 12:56pm

      Not a bad idea. This was a serious assault that goes far beyond anything that remotely resembles a prank. The parents of the perpetrators should be included as defendants in the lawsuit as well. Their kids were involved so they should share in paying damages. Someone was very deficient in teaching these kids basic morals.

      Report Post »  
  • mom4times
    Posted on May 3, 2012 at 12:42pm

    I feel as well that the parents are indeed more to blame than the school…..the school should have addressed the bullying issue, the parents are the ones responsible for making sure their child goes and stays in school….If he’s not telling them anything, then it’s still their responsibility to maybe even seek counseling for him. As for the incident….I don’t think the school is totally responsible because this did not happen on school grounds

    Report Post » mom4times  
  • woebegone
    Posted on May 3, 2012 at 12:35pm

    So sick of these stories–this is what happens when parents don’t take responsibility (both the parents of the victim and the parents of the perpetrators) and you slowly eliminate and demonize moral teaching, ie. religion. Let‘s face it religion is not for God it’s for people and the only effective method of teaching how to exist in a society of people, this is the mistake the atheists make they genuinely think it is about God, which gives you some idea of the level of their thinking. Do away with God all you like, honestly I don’t care, but then come up with a systematic method to teach people how to live in a community! And by all the Gods, don’t depend on Government to do it, government does nothing but encourage irresponsible, antisocial behavior. Perhaps that such things happen, or can even be conceived of, is testimony to how far we have elevated government. A sorry thought indeed.

    Report Post »  
  • elosogrande
    Posted on May 3, 2012 at 12:25pm

    The school may be responsible in some way, but the perpetrators should be held responsible and pay dearly. how about forcing them to give this kid 20% of their annual salaries for twenty-five years? If they don’t work, any welfare income they collect goes to the victim – all of it…for twenty-five years. (This would be over and above the cost of removing the “tattoo” and the cost of treating any psycological problems stemming from this episode.)

    We have to start punishing the crap in our society, whenever they do something like this.

    Report Post »  
    • johnjamison
      Posted on May 3, 2012 at 12:35pm

      Or how about make the kids parents pay for the victim’s entire college degree.

      Report Post »  
    • johnjamison
      Posted on May 3, 2012 at 12:36pm

      If you want to stop this behavior it’s starts with responsible parenting. Make the parents responsible for their childrens choices and they might actually get involved with raising their child.

      Report Post »  
  • k1607
    Posted on May 3, 2012 at 12:25pm

    I don‘t think it is just the school’s fault. The people who did this knew and understood what they were doing. It seems like the school was trying to help the parents, but when a kid is cutting class-the parents need to also make it clear the importance of being in class. The statement that the bullies are not responsible just because they didn’t know the actions of the school, is a poor arguement. The school can only do so much. This happened outside of the school because the kid chose to leave, even so, the school should have a way to monitor these students from leaving. It is a sad incident that is the fault of the bullies and some fault of the schools, but not all the schools fault.

    Report Post »  
    • Plan B
      Posted on May 3, 2012 at 1:25pm

      I agree. Not the schools resonsability. This clearly is a criminal act. This should be handled by the courts and civily the boy can sue the kids that did this to him, but not the school.

      Report Post »  
  • AvengerK
    Posted on May 3, 2012 at 12:24pm

    The school is not to blame. The article even states that the principal took time to find the kid after his truency got out of hand. This just sounds like a dumb kid who got mixed up with a crappy bunch of kids and paid the price for it. As poster BILL WALLACE said…the school has a healthier bank account than the real guilty parties here..hence the school is being sued. I suspect there’s a lot more to this story.

    Report Post »  
  • Workingthedirt
    Posted on May 3, 2012 at 12:23pm

    It seems like schools and colleges are quickly becoming one of the most dangerous places to be. What the hell is wrong with people?

    Report Post » Workingthedirt  
  • maryanne3935
    Posted on May 3, 2012 at 12:21pm

    Don’t sue the school di strict, sue the parents!!!!! That is how it is done. Why do we keep empowering the schools and let the parents off the hook for raising uncivilized kids. If parents get sued, loose th eir homes or go to jail for negligence, guess what we will start to have parents step up and do their jobs. Suing the district does absolutely nothing. By the time a kid gets to school the damage by the parents has been done. Sue the parents, make them responsible. If kids cut school, bring the problem to the parents. Let’s stop with this empowerment of unions and school teachers. DO your job America, be responsible for your kids, or you get sued.

    Report Post »  
  • RealAmerican2
    Posted on May 3, 2012 at 12:20pm

    What a disgusting story! If someone did this to my son, there would surely be hell to pay!!! I would have the person who actually did the inking of my child’s skin, charged with the highest count(s) possible, the school would be sued to high heaven as well as pay for the laser removal of the pornographic tattoo. This is cruel and takes bullying to a completely different level of abuse! Everyone who was involved with this needs to be punished accordingly!

    Report Post »  
  • Doctor Nordo
    Posted on May 3, 2012 at 12:20pm

    In this case it’s absolutely ludicrous to blame to the school. They can’t force kids not to cut class and they have neither control nor jurisdiction regarding anything that happens off school property. They did everything they could, which was to expel the students responsible.

    Report Post » Doctor Nordo  
  • clouviere
    Posted on May 3, 2012 at 12:18pm

    Let me get this straight, he WILLINGLY left school and the support of the teachers? He WILLINGLY went with the boys who harmed him? He WILLINGLY placed himself in a poorly defensive position in a basement?

    And it‘s the school’s fault? No, it’s his fault and his parents fault. At some point we have to teach kids that they are responsible for their decisions. Blaming other people for not protecting your child from his own actions is more than ridiculous and problematic.

    The child/young man wasn’t properlly prepared for the world. He has no risk managment skills. No ability to defend himself and keep himself out of trouble. He is responsible for that. And his parents are ultimately the point of failure here.

    My son was only called those names once. There was no second time. Yes…he had a rough couple years in school, but no one, I repeat NO ONE calls him names and picks on him any more. He took up for himself and I backed him up when teachers and administrators tried to call him on the carpet for his actions but let the student causing the problems get off free.

    Report Post »  
  • PaintItWhite
    Posted on May 3, 2012 at 12:16pm

    Speckled pup you have to be friggin kidding me. How on Fods green earth is it the schools responsibility? This kid has a history of cutting class, this is an obvious money grab and the attorney and parents should be ashamed of themselves, unfortunate for the kid but his parents are a HORRIBLE example with dollar signs in their eyes

    Report Post »  
    • johnjamison
      Posted on May 3, 2012 at 12:33pm

      If he had stayed his little but in school it wouldn’t have happened……In no way is the school responsible for this.

      Report Post »  
    • Unbelievable
      Posted on May 3, 2012 at 12:36pm

      Two problems for the school..

      1) The assigned person to walk him to class obviously didn’t.
      2) After reporting the assault to the guidance counselor they did NOTHING!

      Report Post »  
  • ShyMan
    Posted on May 3, 2012 at 12:15pm

    The public school socialization project strikes again.

    Report Post » ShyMan  
    • Doctor Nordo
      Posted on May 3, 2012 at 12:21pm

      Oh, please. The school district had nothing to do with this.

      Report Post » Doctor Nordo  
    • ShyMan
      Posted on May 3, 2012 at 1:26pm

      The public school environment is where kids for the most part get together and learn idiocy from each other.

      “Educators” call it socialization.

      I’m not blaming the individual school system per se.

      It’s the Godless public school system in general.

      Of course bad parenting is the main culprit.

      But this is the actual kind of socialization you learn in public school.

      Not what is claimed.

      It’s like pre-prison.

      Report Post » ShyMan  
  • bennylava
    Posted on May 3, 2012 at 12:15pm

    This kid’s dad showed an unbelievable amount of restraint. I’d imagine these 5 little monsters would have experienced a different fate with a lot of other fathers out there. I hope things work out better for Zach in his new school and the thugs get full girlfriend treatment in jail.

    Report Post »  
  • Bill Wallace
    Posted on May 3, 2012 at 12:12pm

    In other words, the school has deeper pockets than the actual criminals who attacked this kid.

    Schools are to blame for a lot of things. This isn’t one of them. The school is not the police, and should not be held accountable for things done off property. The moment they leave school property, that kid reverts back to the responsibility of parents or the student themselves.

    And way too much is being focused on “bullying”. Today parents are suing for kids not being able to get along with other kids. Next it will be schools blamed for kids getting fired for stealing company property. Where will it end?

    Report Post »  
  • team1blazer
    Posted on May 3, 2012 at 12:08pm

    Sorry parents…you failed your son. Take responsibility!

    Report Post » team1blazer  
  • SpeckledPup
    Posted on May 3, 2012 at 12:04pm

    we are totally horrified by the sum of total failures on the school’s part. poor kid.

    Report Post »  
    • macpappy
      Posted on May 3, 2012 at 12:31pm

      the school did nothing wrong. It’s the parents, and the kids fault. Learn to take responsibliity for your own actions.

      Report Post » macpappy  

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