Top story of 2007

ABOUT THIS ARTICLE: It might not have been the top story in the world, mind you, but it was, according to readers, last year's top story in the North Carolina newspaper I work for. The story -- that of a local 40-year-old teacher who married a 16-year-old student -- made the Associated Press wire, Good Morning America and spread all over the country. It has helped prompt some discussions and changes at the local and state level. The story below is the outcome of the case -- at least for now. After a year of trying, I finally got the student to talk to me, and that, in my opinion, made the article.

WILMINGTON STAR-NEWS
June 10, 2008
Judge dismisses parents' suit against school board, Wuchae
By Ana Ribeiro

Bolivia | After a year of seeing her name all over the news and the unpleasantness of a lawsuit related to her marriage to her former coach, Windy Wuchae jumped with joy outside a Brunswick County courtroom on Monday.

The now 17-year-old said she was about to call her husband, Brenton Wuchae, to tell him the news: A Superior Court judge dismissed the suit her parents, Dennis and Betty Hager, had filed against him and the Brunswick County school board. The two got married a year ago, on June 18, the same day Wuchae resigned from Windy's school, South Brunswick High.

The parents' attorney, Robert Tatum, said that they will probably appeal the case and that he still thinks they can win. In their suit, filed July 10 and refiled with new constitutional claims in March, the Hagers accuse Wuchae and school officials of causing them emotional distress because of the 41-year-old's relationship with their daughter.

Hearing the things attorneys brought up in court was tough, Windy said in an interview. Tatum's partner, Donald Lively, told the judge the Hagers should be able to seek damages because school officials did not properly investigate the case or protect Windy from being seduced, emotionally or physically, by Wuchae.

"But it wasn't true," Windy said. She maintains she and Wuchae were just friends before the wedding.

Wuchae's attorney, George Rountree, says she married him to be able to leave home, where she was having problems with her parents.

Clutching a stack of articles published about the case, Windy sat alone in the courtroom, keeping her cool and being gracious to the reporters and cameras focused on her. Wuchae was not present because he had to be at work at the Southport Food Lion, Rountree said.

Windy works at the Oak Island Food Lion and will graduate early from South Brunswick High after taking college classes at Brunswick Community College. She said she will not walk with her class Saturday but will pick up the diploma this month; she plans to attend BCC in the fall.

"She's very, very smart," said schools' Superintendent Katie McGee, after giving Windy a hug outside the courtroom and adding she probably will graduate with honors. "This child has been through a lot, and I'm very proud of her."

McGee said it's time for the school system to move on from a case from which it has learned a lot, and she thinks the public understands the challenges the school system has to go through in spite of unflattering media coverage.

Two other suits against the board – filed by different sets of parents who accuse the schools of failing to stop employees from sexually violating their children – are now in federal court and await a ruling on the school board's motion to dismiss.

In Brunswick County court Monday, defense attorney Kathleen Tanner persuaded Judge Thomas Lock to dismiss the case, arguing that under sovereign immunity, the board cannot be held liable for claims of negligence. The immunity applies because the board had not purchased an insurance policy that covers those claims, Tanner said.

Tatum's team argued otherwise, claiming that there had been a breach of contract, that insurance is useless if it does not cover claims and that the board gets to pick which cases to indemnify for.

"I'm disappointed the board was successful at hiding behind sovereign immunity to cover up their actions rather than being held accountable," Tatum said.

Tanner also contended the suit's argument that the board had violated the plaintiffs' right to education is not valid because the right does not cover "40-something-year-old parents." She corrected Lively when he argued Windy was not in school.

Rountree and Tanner recently signed an agreement to jointly represent their clients. In asking for the case to be dismissed, Rountree brought up the fact the Hagers had consented to their daughter's marriage to Wuchae and told the judge that Dennis Hager called Wuchae to say he'd sign the consent form because he knew they were in love.

Rountree said Wuchae recommended to Dennis Hager that parents and daughter solve their family problems.

"He was kind of like a dad or big brother to me," Windy said of Wuchae.

With a smile, she said Wuchae makes her happy. Rountree said the former coach is supportive of his wife's education and that, like the attorney, he wishes she could mend her relationship with her parents.