Two years after a Massanutten Military Academy student fell to his death from his dorm room window, the student's parents are suing the school for $25.3 million.
Noel Patrick Bailey, better known to his family and friends as “Sandy,” died April 20, 2007, suffering multiple injuries to his lungs, neck and skull. Police later ruled his death as a suicide.
A wrongful death suit filed in Shenandoah County Circuit Court by administrator of Bailey's estate, Joseph E. Stevens Jr., claims that MMA officials should have known the devastating effects caused by their expulsion of the popular student athlete. At age 17, Bailey was weeks away from graduation at the time of his death.
The suit also names then-MMA-president Col. Roy F. Zinser Jr., as well as the school's alumni association, board of trustees and several other MMA officials — including Sen. Jill Holtzman Vogel (R-Upperville).
Bailey was expelled after an April 16 fistfight, after another student made a vulgar comment regarding his girlfriend. Prior to that, his record at the school was reasonably clean.
Bailey had enrolled at MMA in April of 2005 as a sophomore. He was known to be a good student and a talented athlete on the football field. In the fall of 2006, he was named Homecoming King.
On April 19, 2007, Bailey had appeared before the school's review board. The board ultimately recommended that Bailey be expelled for his part in the April 16 fistfight.
Upon the board's decision, Commandant Maj. Stephen Mayer contacted Bailey's father, Steven W. Bailey, on April 20 informing him of its recommendation.
Bailey's father then contacted then-President Zinser, asking for leniency in his son's case. As President, only Zinser could make the decision to expel Bailey.
However, the suit states that Zinser refused leniency, specifically citing the tragic Virginia Tech shooting that had occurred just days before.
According to the suit, Bailey's father had asked that school administrators delay informing Bailey of the decision until his family or friends could be there. Once again, Zinser refused, saying that he wanted Bailey off school grounds by that evening.
Zinser left MMA in November of 2008, taking a position as superintendent at Fishburne Military Academy in Waynseboro. Zinser did not return a call for comment for this story.
After speaking with Zinser, Bailey's father spoke again with Mayer. According to the suit he explicitly stated that no one from the school inform Bailey of the board's decision until family friends could arrive.
Mayer told Bailey's father that he would wait until classes were over to tell the student, and that he should “not worry” about his son. The academy had a “tight” procedure for handling such dismissal situations, he said.
Mayer also said he would stay with Sandy, until his friends arrived. However, after informing Bailey of his expulsion shortly before 5 p.m., Mayer left him under the supervision of teacher and adviser Sgt. Major Wayne D. Sharp.
According to the suit, Sharp was “not fit, competent and qualified to have Sandy entrusted to him at this extremely distressing time.”
The suit states that Sharp locked Bailey in his dorm room while he went to look for other cadets to help him pack.
Visibly distressed, Bailey banged on the door and yelled and then “jumped, slipped or fell” from his third-story dorm room window in an escape attempt.
This contradicts the explanation given by MMA's then-communications director Lt. Col. Jim DeLaney on the night of Bailey's death. According to DeLaney's statement Bailey had not been alone at the time and there had been no indication of trouble.
“Someone turned their back and he ran for the window,” DeLaney said. “He didn't say anything to anybody.”
While current interim-Head of MMA, Thomas N. Connors, refused to comment on the litigation earlier this week, he expressed sadness over Bailey's death.
“We are very sorry that this young man died,” said Connors.
Noel Patrick Bailey, better known to his family and friends as “Sandy,” died April 20, 2007, suffering multiple injuries to his lungs, neck and skull. Police later ruled his death as a suicide.
A wrongful death suit filed in Shenandoah County Circuit Court by administrator of Bailey's estate, Joseph E. Stevens Jr., claims that MMA officials should have known the devastating effects caused by their expulsion of the popular student athlete. At age 17, Bailey was weeks away from graduation at the time of his death.
The suit also names then-MMA-president Col. Roy F. Zinser Jr., as well as the school's alumni association, board of trustees and several other MMA officials — including Sen. Jill Holtzman Vogel (R-Upperville).
Bailey was expelled after an April 16 fistfight, after another student made a vulgar comment regarding his girlfriend. Prior to that, his record at the school was reasonably clean.
Bailey had enrolled at MMA in April of 2005 as a sophomore. He was known to be a good student and a talented athlete on the football field. In the fall of 2006, he was named Homecoming King.
On April 19, 2007, Bailey had appeared before the school's review board. The board ultimately recommended that Bailey be expelled for his part in the April 16 fistfight.
Upon the board's decision, Commandant Maj. Stephen Mayer contacted Bailey's father, Steven W. Bailey, on April 20 informing him of its recommendation.
Bailey's father then contacted then-President Zinser, asking for leniency in his son's case. As President, only Zinser could make the decision to expel Bailey.
However, the suit states that Zinser refused leniency, specifically citing the tragic Virginia Tech shooting that had occurred just days before.
According to the suit, Bailey's father had asked that school administrators delay informing Bailey of the decision until his family or friends could be there. Once again, Zinser refused, saying that he wanted Bailey off school grounds by that evening.
Zinser left MMA in November of 2008, taking a position as superintendent at Fishburne Military Academy in Waynseboro. Zinser did not return a call for comment for this story.
After speaking with Zinser, Bailey's father spoke again with Mayer. According to the suit he explicitly stated that no one from the school inform Bailey of the board's decision until family friends could arrive.
Mayer told Bailey's father that he would wait until classes were over to tell the student, and that he should “not worry” about his son. The academy had a “tight” procedure for handling such dismissal situations, he said.
Mayer also said he would stay with Sandy, until his friends arrived. However, after informing Bailey of his expulsion shortly before 5 p.m., Mayer left him under the supervision of teacher and adviser Sgt. Major Wayne D. Sharp.
According to the suit, Sharp was “not fit, competent and qualified to have Sandy entrusted to him at this extremely distressing time.”
The suit states that Sharp locked Bailey in his dorm room while he went to look for other cadets to help him pack.
Visibly distressed, Bailey banged on the door and yelled and then “jumped, slipped or fell” from his third-story dorm room window in an escape attempt.
This contradicts the explanation given by MMA's then-communications director Lt. Col. Jim DeLaney on the night of Bailey's death. According to DeLaney's statement Bailey had not been alone at the time and there had been no indication of trouble.
“Someone turned their back and he ran for the window,” DeLaney said. “He didn't say anything to anybody.”
While current interim-Head of MMA, Thomas N. Connors, refused to comment on the litigation earlier this week, he expressed sadness over Bailey's death.
“We are very sorry that this young man died,” said Connors.
