Student cleared of school threat charges faces expulsion - wave3.com-Louisville News, Weather & Sports

Student cleared of school threat charges faces expulsion

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Nick Bain (Source: Bullitt County Detention Center) Nick Bain (Source: Bullitt County Detention Center)
Eric Farris Eric Farris
Bullitt East High School Bullitt East High School
Old Mill Elementary School Old Mill Elementary School

MT. WASHINGTON, KY (WAVE) - A family is fighting to get their son's life back on track while the school he used to attend would like to see him out. 

Nick Bain was cleared of criminal charges Wednesday in a school threat reported in December. Now, the school he attended before his arrest is moving forward with expulsion proceedings. 

School officials say they don't want to send a young man who's trying to recover from an arrest out into the world without a diploma, but safety has to come first, even though Nick Bain's family has said all along that he was never going to harm anyone. 

From the start, Bain's case hasn't been your typical school threat. A former friend reported it to police several months after it happened and after the two had a falling out. Still whatever he said about Old Mill Elementary was enough to get the 18 year old charged with terroristic threatening in December. A jury cleared him Wednesday. Bullitt East High School isn't sure it wants him back. 

"Now that the case is complete, the expulsion proceedings will pick up from where they left off," said Eric Farris, the Bullitt County Schools attorney. 

Farris explains Bain's expulsion was put on hold while he faced charges because he couldn't attend the hearing while in jail, plus he had a right not to incriminate himself so he couldn't participate in the proceedings. Farris says even though a jury didn't think Bain was a criminal, it takes much less to get kicked out of school. 

According to Farris, the standard is, "Are the allegations true or are they not? And if there's enough to tip the scale in favor of the allegation then the expulsion would go through." 

Bain's family released this statement, through his attorney, saying: 

"Nicholas was incarcerated for more than four and a half months, because he recklessly made a comment to his mother during an argument that happened more than 80 days before it was reported to police by a former friend, whose only motivation was to get Nicholas into trouble. Nicholas acknowledges that the statement he made to his mother during this argument was immature and reckless, but he certainly never had any intent to harm any person. Nicholas would also like to thank the jurors for realizing that statements were not intended to threaten or harm anyone." 

With zero tolerance policies now in place Farris said the school system has a duty to take all threats seriously. 

"Perhaps there's overreaction on occasion when those type of statements are made," said Farris, "but it's very important that students and parents realize that what they say can make a difference."

The expulsion process in Bullitt County has two phases. The first part of that process for Bain happens early next week. The Board of Education could make a final decision in late May.

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