By C1 Staff
MONTPELIER — The Vermont Supreme Court reversed a lower court’s decision to not review disciplinary action against a convicted sex offender who threw a crumpled up paper ball at a correctional officer.
The Rutland Herald reports that Douglas Cavett was charged with aggravated sexual assault and sentenced to a term of five to 15 years, suspended except for four years to serve.
His sentencing included several probation conditions, including that he participate in the Vermont Treatment Program for Sexual Abusers during the course of his suspended sentence. Failure to complete the program during his incarceration could result in a violation of his probation.
In November 2012, Cavett attended a meeting where he received the program’s handbook, which outlined the rules including no “physical violence or threats of physical violence.”
While meeting with two correctional officers who were investigating disciplinary reports against him in 2013, Cavett threw a crumpled up disciplinary report and hit one officer.
That resulted in a “major disciplinary report” being filed against him for violent and threatening behavior, which ultimately led to his dismissal from the program.
The Supreme Court issued a reversal on a lower court’s conclusion that it was unable to review the determination made by the Department of Corrections.
“The court failed to determine whether the requirement was violated. Nor did it exercise its discretion to determine whether the alleged violation was such that revocation should be ordered,” Supreme Court Justice John A. Dooley wrote in the decision.