Student sues New Hanover Co. Schools over eligibility, alleges racial bias in DA’s office

WILMINGTON, N.C. (WECT) - A Laney High School student is suing New Hanover County Schools to regain athletic eligibility after being removed from football and lacrosse teams this school year.

The loaded 26-page lawsuit, filed in October, also alleges racial bias inside the District Attorney’s Office, something DA Jason Smith disputes.

Jordan Tun, a minor who isn’t directly named in the lawsuit, was accused of kidnapping and assaulting his ex-girlfriend last year. His family’s attorney, Gary Shipman, said Tun was wrongly removed from athletics after most of the charges were dropped, with the fourth one conditionally discharged.

Tun’s family gave WECT permission to name him in this story. They declined to do an interview.

“This is a right and wrong thing,” Shipman said. “They’re great people. He’s a great kid. He’s an honors student. He’s a 4.0 GPA kid. He’s a kid that every coach wants to coach.”

The lawsuit’s goal is to get Tun back on the field for lacrosse this spring.

The suits names New Hanover County Schools, the Board of Education and the North Carolina High School Athletic Association as defendants.

The North Carolina High School Athletic Association is considered a nominal defendant, meaning while they have an interest in the case, they’re not accused of wrongdoing. A spokesperson for the association declined to comment.

Criminal case resolution

Court documents show Tun faced four charges for allegedly kidnapping and assaulting his ex-girlfriend last year.

In August, prosecutors reached an agreement with defense attorneys, dismissing three of the four charges, with a felony assault by strangulation charge conditionally discharged after 18 months.

After the probation period ends, a judge can dismiss Tun’s case and the remaining charge. Tun also entered into what’s known as an Alford plea, according to court documents. While Tun maintains innocence in the plea, Smith confirmed in a phone call that an Alford plea is considered a guilty plea.

Taken off the field

Just before the football season started in August, the school district sent the Tun family a letter ruling Jordan ineligible under North Carolina High School Athletic Association rules because he pled guilty to a felony. Tun was expected to be a starting wide receiver on Laney’s football team this fall. Instead, he hasn’t returned to school in-person this year, Shipman said.

In October, school board members denied the family’s request for an appeal. Earlier this week, NCHSAA stood by its ruling after NHCS requested a final decision.

“He was entitled, his family was entitled, to due process. They got none,” Shipman said.

A spokesperson for New Hanover County Schools said they can’t discuss specific details related to individual students or pending legal matters.

“New Hanover County Schools remains committed to following all policies and guidelines established by the Board of Education and the North Carolina High School Athletic Association,” the spokesperson wrote in a statement.

Bias allegations

The lawsuit specifically points the finger at Assistant District Attorney Ashton Herring, the prosecutor in Tun’s criminal case. According to the suit, Herring inaccurately told New Hanover County Schools that Tun had been convicted of a felony, meaning he couldn’t play school sports. The district then ruled him ineligible.

Rosetta Royster, a former Assistant District Attorney and former colleague of Herring’s, signed an affidavit November 6. According to Royster, Herring allegedly said twice she has an “implicit bias against Asian people” during an interview for an open position in the office. Tun is Asian. Those comments were investigated by then-DA Ben David, and current DA Jason Smith, according to the affidavit.

According to the suit, Smith found Herring “did not demonstrate bias toward” Tun. Smith said he couldn’t confirm if there was an internal investigation since it was a personnel issue.

The District Attorney’s Office declined an interview for this story. In an email, Smith said he denies any allegations of wrongdoing the suit directs at his office and received guidance from the North Carolina State Bar to not comment about them publicly.

Smith noted that Tun never filed a motion for appropriate relief in criminal court to fix any errors made in the case, which could include issues related to discrimination or bias.

Shipman, though, believes there are issues within the DA’s office that Smith needs to address.”

“Handle it. Handle it. If it’s not so, if there shouldn’t be any bias by anybody in your office – say it,” Shipman said. “And then within your power, fix it.”