Thursday, February 17, 2000 Older Editions

Wysocki still wants to play

By Neil Fater

Paul Wysocki, the Andover High School basketball standout who apologized in Lawrence District Court on Monday for burning a swastika into the grass of a school athletic field, wants to wear the school's uniform again, says his lawyer.

But Rabbi Robert Goldstein, the Temple Emanuel rabbi who's preached forgiveness for those involved in the burning, says asking for Wysocki to play ball again this year is asking for too much.

"I have so much regard for those young people who stand out -- as athletes, in music or drama -- but they carry responsibility," says Goldstein. "There has to be some recrimination, some punishment."

Wysocki was banned from participating in Andover High sports by AHS Principal Bruce MacDonald after Wysocki and four other young males were charged with the swastika-burning incident (see related story, below).

But Wysocki, who by "admitting to sufficient facts" in court avoided a guilty finding, was also never given "even a sham hearing" before he was denied the right to play sports, says his attorney, Salim Tabit.

"I think that what they did is absolutely in violation of his due process," says Tabit, "and we'll do what we have to, to correct that."

Although it is up to the Wysocki family to determine how far they will appeal the principal's decision, Tabit says he will at least appeal the decision to MacDonald himself.

"They suspended Paul from sports without a hearing of any sort. I find it reprehensible," says Tabit. "If need be, if we need to go to federal court, the town of Andover might find itself in federal court."

MacDonald and Schools Superintendent Claudia Bach could not be reached for comment Tuesday afternoon.

While questioning why Wysocki is still banned from playing, Tabit says that one of the other five boys involved in the incident continues competing on another Andover High team.

"Clearly," says Tabit of the Wysocki ban, "it is arbitrary and capricious."

Tabit says that state statutes require each town to spell out, in its school student handbooks, the punishments for various actions that will be considered. The statutes say that any student who assaults someone or is found with a weapon or illegal drug, "shall be notified in writing of an opportunity for a hearing... along with the opportunity to present evidence and witnesses at said hearing before the principal."

Wysocki also should have been given this opportunity, says Tabit.

"I don't think that the (Andover High) handbook itself even complies with the statute. There are people who might disagree with that," says Tabit. "To the extent that it does, there wasn't even a hearing or due process," in Wysocki's case, he says.

Tabit also contends that because Wysocki is no longer suspended, and because there was no guilty finding in his case, he should be allowed to play school sports.

Goldstein says that while in legal terms Wysocki's case may be continued without a finding, "There was an admission of guilt here.

"I feel playing sports, representing the schools, is a privilege," says Goldstein. "We look at our sports stars, the musicians, the people who have the leads in plays to represent our schools, to be leaders, and I'm not sure (Wysocki returning to that role) is appropriate."