MARIJUANA CHARGE TRIGGERS LIFETIME COACHING BAN IN BOURNE

BOURNE - On Dec. 13, 1982, Gary Hapenny was convicted of one count of
possession of marijuana. It was a misdemeanor with a $62 fine, but 25
years later he's still paying for it.

Hapenny, now 46, has been banned for life from coaching youth sports
after selectmen implemented a new policy in July, mandating all youth
sports volunteers go through a Criminal Offense Record Investigation
(CORI) check. Under the policy, anyone convicted of any narcotics
charges automatically earns a lifetime ban.

That puts Hapenny - a father of six - in the same category as
murderers, rapists, armed robbers and child molesters, according to
the "Town of Bourne CORI Policy for Use of Town Facilities."

"You wouldn't believe what a joke this is in town, that if you smoked
marijuana 25 years ago you're gonna get kicked out," Hapenny said.

But Hapenny said he's not laughing, and is contemplating legal action
against the town.

For the past four years he's served as an assistant coach for
football, basketball and baseball. He's been coaching youth sports for
the past 22 years, first in Minnesota, and then in Wareham before
moving to Bourne.

He was looking forward to coaching his 9-year-old son's football team
this fall. Having gone through the CORI check repeatedly in the past
and been approved, Hapenny said the town's new policy is inconsistent
and unfair.

Appeal Option

Town Administrator Thomas Guerino said the decision to ban Hapenny was
made in accordance with the new policy's guidelines, which state all
volunteer groups must provide a list of CORI-approved volunteers to
town officials before any permits for field use will be granted.

Each group has a designated person who performs the CORI checks and is
trained by the state Criminal History Systems Board. If there is a red
flag on an applicant's background check, only the applicant is
notified and he then has the option of appealing.

Hapenny did appeal, but said he took issue with how his case was
handled.

The policy stipulates "a three-member appeals board consisting of: the
Town Administrator's designee, a member of the Bourne Police
Department and an authorized person from a non-involved
organization."

In Hapenny's case, his appeal was heard by Bourne Police Lt. Richard
Tavares, Guerino himself and Recreation Director Krissanne Caron.

When asked why a member of a non-involved organization was not
present, Guerino said "there was no one available from one of the
other sports leagues."

Another discrepancy appears in Guerino's Aug. 22 letter to Hapenny. In
it, Guerino rejects Hapenny's appeal but informs Hapenny he can appeal
for reinstatement in one year.

In a phone interview, however, Guerino said "He's (Hapenny) got a drug
conviction in 1982 and I know it's a long time ago, but the policy is
clear that it's a lifetime ban."

When asked to explain how someone can annually appeal a lifetime ban,
Guerino remained vague and said, "This is the first year of the policy
and like all policies, we may review it in the future."

Another unexplained discrepancy in the policy states although all
narcotics charges are under the lifetime ban category, manufacturing
or distributing a Class D substance is listed in the 10-year ban
section, Hapenny said.

Other Black Marks

Hapenny said he believes some other black marks on his record that did
not end in convictions may have contributed to the appeals board
decision, even though the town's policy clearly states only "confirmed
convictions" should be considered when rendering a decision on appeal.

In 2005, Hapenny had a charge of assault and battery and disturbing
the peace which were continued without a finding and dismissed in
December 2006. In 2001, he had possession of a Class D substance
(subsequent offense) and operating with a suspended license charges
continued without a finding and dismissed after one year as well.

Police documents from Oct. 11 that year state Hapenny was pulled over
in Wareham for driving 62 mph in a 35 mph zone, and upon a search
officers found a "partially smoked marijuana cigarette" in his pants
pocket, along with a "glassine baggie containing marijuana."

Hapenny was also arrested for operating a motor vehicle under the
influence of alcohol in 1985. But according to Bourne's policy, the
OUI charge would not factor against Hapenny because drunken driving
elicits a five-year ban and the crime occurred 22 years ago.

Role of the Past

But Selectman John Ford, Bourne's former police chief, said even
though the town's CORI policy is supposed to include convictions only,
Hapenny's past indiscretions may have played into the appeals board
decision and he supports the end result.

"These charges (assault and battery and possession of a Class D
substance) were not dismissed, they were guilty pleas because there
was an admission to sufficient facts," Ford said. "I think if an
individual had a marijuana possession conviction but then wasn't in
trouble for the next 25 years they'd say 'go ahead,' but if the
appeals board found cause to uphold the ban then I'd rule in favor of
the kids."

Robert Collett, president of Bourne Pop Warner Football, said he
understands the need for the town CORI policy, but he hopes the
selectmen make some amendments to make it more fair.

Collett said three of his coaches have been disqualified under the new
policy, and several more did not return to coaching because they
feared the CORI checks.

"I certainly understand the intent and the need for the town to have
assurances relative to the integrity of the people involved; however,
this has caused great consternation for some otherwise very decent
people," Collett said. "It's my opinion that youthful indiscretions
should be given careful review and consideration when assessing one's
eligibility to coach in youth sports."

David Rondeau, the head coach of Hapenny's football team,
agreed.

"Gary's been coaching football with me for the last two years, and the
parents and kids love him," Rondeau said. "He was 21 years old at the
time, and who didn't do that stuff when they were 21? You don't want a
drug dealer coaching your kids, but there are circumstances for
everything."

[sidebar]

CORI SANCTIONS

Five-Year Ban

Indecent exposure

Operating a motor vehicle under the influence of alcohol or drugs
(first and second offense)

Possession of obscene "pornographic" material

Engaging in sex with a prostitute

10-Year Ban

Felony breaking and entering

Motor vehicle homicide by reckless or negligent operation

Vandalizing a church, cemetery or synagogue

Operating a motor vehicle under the influence of alcohol or drugs -
third offense

Lifetime Ban

All narcotics charges

Rape

Murder

Sodomy

Kidnapping