BORDERLAND

Sexual battery charges retained against trainer

11/19/2013

A Lucas County judge Tuesday refused to dismiss sexual battery charges against a former Clay High School athletic trainer accused of sexual misconduct with a male student.

Common Pleas Judge Gary Cook rejected the claims of defense attorneys for Melinda Rober that, as an athletic trainer, she was not a “person in authority” at the school as the charges allege. He also said in his decision he disagreed with the defense's argument that the law is “constitutionally vague.”

“The court finds that the plain and ordinary meaning of the words ‘other person in authority’ … could reasonably be understood by a person of common intelligence to include an athletic trainer whose job duties afford the power or right to give orders to, to make decisions in relation to, and/ or to direct or control” students at the school, Judge Cook wrote.

Ms. Rober, 35, of 2552 106th St. is charged with two counts of sexual battery for incidents that allegedly occurred at the school in 2011 and 2012. She was employed at the time by ProMedica under a contract with Clay High School.

She is scheduled to go on trial beginning Jan. 27.