Negligence suit over molestation may hit trial

May 28, 2023

A federal jury trial may take place in January after 12 parents, on behalf of their children, filed a negligence suit against a former Salina school teacher, claiming the district should have known the teacher was sexually abusing students but didn’t report it.

Lewd molestation charges were filed on Jan. 16, 2020, against John Q. Horner III, 60, Tahlequah, in Mayes County District Court after several students reported the math teacher had touched them inappropriately between October 2018 and March 2019.

The Daily Press previously reported that school administration did an internal investigation and contacted authorities, and they were reportedly told no further action was needed. But after several parents also contacted authorities, a full investigation was conducted. Afterward, Horner, who started teaching at Salina in 2011, was arrested and charges were filed.

Horner, who is also a former Northeastern State University football coach, first pleaded not guilty to the charges, but then later pleaded no contest on Aug. 21, 2023, to nine counts of lewd molestation.

According to court documents, Horner was found guilty by the court. He received a 14-day sentence to be served on the weekends in Rogers County Jail, and a seven-year suspended sentence. He was also required to register as a sex offender with the state of Oklahoma and local law enforcement.

As it is unlawful for any person registered pursuant to the Sex Offenders Registration Act to reside within 2,000 feet of a school. Tahlequah Police Chief Nate King said Horner has been informed that he has to relocate from his current Tahlequah home near Greenwood Elementary School.

Prior to Horner’s sentencing, on Nov. 2, 2020, the 12 parents filed the negligence suit in Mayes County District Court against Horner and the Salina school district, and on May 20, 2021, the case was moved to federal court but will remain open in Mayes County, pending a federal ruling.

Horner also filed a lawsuit against the school district and former Superintendent Tony Thomas on Dec. 3, 2021, for wrongful termination. But according to online court documents, there has been no movement on that case.

According to the scheduling order, filed on March 31, 2023 in U.S. District Court Northern District of Oklahoma, the trial date has been set for Jan. 16, 2024, unless the parties can reach an agreement.

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