I pretermitted decision on the dispositive motion and allowed discovery to be taken on a single discrete issue. When that discovery was completed, the parties submitted further memoranda on the summary judgment motion.
The arguments advanced in the second round of briefs raised additional, novel issues. Consequently, on July 28, 2003, I issued a Further Memorandum and Procedural Order on Liberty's Motion For Summary Judgment (# 79) raising several questions to be addressed by counsel at a hearing set for August 11, 2003. The hearing took place as scheduled with the parties arguing their respective positions. At the conclusion of the hearing, plaintiff's counsel sought leave to file a further memorandum of law on the bankruptcy issue. That request was granted and on August 22, 2003, Liberty filed aand put her in a "tight"

bear hug, facing her. Appellant started pulling at the victim's jacket and shirt. During that

time, all three boys stated "rape her, rape her," and appellant was giggling. The victim was

able to escape by kicking T.L. in the shin, shoving him, and running away. Appellant chased

after her for several feet before he gave up. Later that day, with the encouragement of a

friend, the victim told her parents about the incident. The police were notified.

       {¶ 3} The victim talked to the police that evening and to school resource officer Matt

Wagers of the Oxford Police Department the following day. A school security video showed

most of the incident and depicted T.L. bear hugging the victim and appellant with his hands

on