The Sacramento Bee, December 9, 1997 FORMER ENCINA COACH IS ARRESTED UNLAWFUL SEX WITH 16-YEAR-OLD ALLEGED By Nigel Hatton, Bee Staff Writer Former Encina High School basketball coach Jon Hightower was arrested Monday on a felony charge of having unlawful sex with a 16-year-old female student, often called statutory rape. Accompanied by his attorney, Richard Burton, Hightower surrendered to authorities about 3 p.m. He was released the same day on $3,000 bail, said sheriff's Sgt. Jim Cooper. "He doesn't have any comment at this time," Burton said. Hightower, 34, was fired last week as an Encina coach and counselor after the Sheriff's Department launched its investigation into allegations of sexual involvement. He was in his third season as coach of Encina's boys varsity basketball team and last year led the team to the Division IV state championships for the first time in school history. Encina Principal Tom Gemma said members of the basketball team are taking the news "like a death in the family." "The kids had so much hope," Gemma said Monday. "They counted on him to fulfill a lot of the dreams they had and the goals they were trying to pursue. This came as a great shock. They're disappointed." Helping the players cope, counselors are meeting with the team as a group and will extend their services to any individuals who feel they need it, Gemma said. "They're determined to move on, put this past them and have a good season," Gemma said, adding that athletic director Russ Hibbard has taken over varsity basketball coaching duties. Cooper said the relationship between Hightower and the girl lasted from June until October. It had ended by the time officers began investigating the Encina coach about two weeks ago, he said. The key issue to law enforcement is not whether the sexual relationship was consensual, according to Cooper. A 16-year-old is too young to give an adult legal consent for sex. "The bottom line is she's 16. He's an educator and he knew her age," Cooper said. "He should not have been involved with her. . . . He was entrusted to help provide an education, and he betrayed that trust." Initial reports of the relationship came from one of the girl's friends who was suspicious of the two and reported her concerns to school officials, Cooper said. Although not commenting specifically on circumstances of the Hightower case, San Juan Unified School District spokeswoman Christine Olsen said such allegations are investigated immediately. Hightower's attorney, Burton, said he talked with the victim's family, and they said, "They just want to put the incident behind them. My hope is that my client in the end will be charged with a misdemeanor," said Burton, adding the former coach has cooperated fully with the investigation. The arrest of Hightower, who was a thesis away from a master's degree, has sent shock waves through Encina's hallways, the Sacramento community, and an entire basketball league. Burton feels a felony prosecution would be unduly harsh and could keep Hightower, if convicted, from working again as a counselor or educator in California. "I don't want to see his life destroyed," he said. Burton added that Hightower's wife and two kids remain by his side as his troubles continue. The Hightower declined to comment Monday on the criminal charge.