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When it comes to obeying the law, the Kearsarge School District is suffering from legal schizophrenia.

On one hand, district officials claim they can’t stop a convicted sex offender busted for child pornography from walking on campus to attend girls soccer games.

On the other hand, they claim the right to ignore New Hampshire’s state law banning biological males from playing on the girls’ soccer team.

The player is Maelle Jacques, a biological male who identifies as a girl and plays goalie for Kearsarge.

The convicted sex offender, who’s scheduled to report to prison in December but insists on attending games today, is Jacques’ father, Marc.

Kearsarge is scrambling to contain the damage the district’s administration created when it became known that officials were aware that parent Marc Jacques pleaded guilty to distributing child sex abuse images earlier this year. Marc Jacques was never prevented by school officials from going to any girl’s soccer games this year to watch his child Maelle Jacques compete.

“Because these events are open to the public, the district may restrict access only in the case of a prior civil no trespass order, or active court order. In general terms, we cannot selectively determine who may or may not attend any event,” Superintendent John Fortney said in a letter sent to parents this week.

Marc Jacques is back in custody after he allegedly violated the conditions of his pre-incarceration release by possessing a flash drive containing more child sex abuse images.  Marc Jacques was sentenced to five years in prison last month, but given until December to report to prison authorities to begin his sentence. 

It is not unusual for federal defendants to get a few weeks of freedom between the sentencing hearing and the start of their incarceration. That time is meant to allow the defendants to get their affairs in order before going to prison. 

But Marc Jacques was given months of pre-incarceration release after he pleaded with the court that his child, Maelle Jacques, needed him at the soccer games. Marc Jacques said factors like the state law banning biological boys from playing girl’s sports, and potential threats of violence against transgender people, required that he be at the games.

“Maelle is going to need me to be present and in attendance to support [Maelle] and protect [Maelle] in the face of the fears [Maelle] will have of what could happen to [Maelle] on the athletic fields,” Marc Jacques wrote.

But Fortney is also telling parents who are upset that a biological male is on the high school’s girls soccer team that Kearsarge is not going to comply with state law. In New Hampshire, state law requires high school athletes to compete on the team that matches their sex at birth.

But the school district told parents who want the law enforced that it refuses to do so.

“Relative to HB 1205, this bill is a violation of federal law, the U.S. Constitution, and NH’s own Civil Rights Provision,” the district declared, without evidence or any court rulings confirming their statements.

While a federal judge has suspended the enforcement of HB 1205 for two specific students, the law has not been overridden, nor has it been declared unconstitutional.

“Kearsarge is violating the law,” an attorney with knowledge of the case told NHJournal on background.

As for the convicted sex offender, Fortney claims Kearsarge takes the safety of all the students seriously, and consulted with police and attorneys about the matter. Sutton Police Chief Jonathan Korbet told NHJournal he had conversations with Kearsarge about the girl’s soccer games.

“We decided it was necessary to provide police details at JV and varsity girl’s soccer games,” Korbet said.

Under the conditions of the pre-incarceration release, Marc Jacques is to have no unsupervised contact with anyone under the age of 18. Korbet said that condition is vague and difficult to enforce at the soccer games.

“It’s hard to determine what constitutes unsupervised. In a public place, in a public setting, one could argue that’s not unsupervised,” Korbet said.

But Kearsarge knew Marc Jacques was going to away girl’s soccer games as well. Hopkinton Superintendent Michael Flynn said this week officials in his district were unaware of Marc Jacques’ conviction until hours before the Kearsarge team was set to play at Hopkinton on Oct. 7. Flynn also talked to local police and the Hopkinton’s legal team, and put in a safety plan 45 minutes before the game time. Like Fortney, Flynn said he legally could not stop Marc Jacques from attending the game.

“We want to make sure that we, as a school district, follow the laws. I am not able to arrest anybody, and I can’t create court orders,” Flynn said.

At the Oct. 7 Hopkinton game, Marc Jacques was caught on video interacting with a young boy until the child’s mother was alerted. NHJournal has seen the video, but is not sharing it in order to protect the boy’s identity.

The hands-off treatment Marc Jacques received from multiple school districts before he was arrested for violating his release is in stark contrast to the way the Bow School District treated a group of parents who engaged in a silent protest last month.

Kyle Fellers and Anthony “Andy” Foote were slapped with no trespassing orders by Bow school officials for wearing pink “XX” wristbands at the Sept. 17 girl’s soccer game. Bow officials claim they acted out of an obligation to protect a transgender student on the opposing Plymouth High School team from the silent protest. 

The people who allowed a man convicted of distributing child sex abuse images to roam the sidelines at Kearsarge girls’ soccer games are silent now that he’s been arrested yet again, on charges he possessed yet another stash of child pornography.

But one of the parents who blew the whistle on Marc Jacques, Betsy Harrington, is still speaking out. The mother of a Hillsboro-Deering High School student, Harrington, was shocked when she learned about Marc Jasques’ conviction and the fact his status as a felon was being hidden from parents. Harrington first learned about Marc Jacques after she saw him at a girl’s soccer game earlier this month.

“The school never told the girls, never told the parents,” Harrington said.

Many of the Hillsboro-Deering girls boycotted the game with Kearsarge over Maelle Jacques’ participation, a scenario repeating itself all this season. Nearly 6 feet tall, biological male Maelle Jacques is already a champion girls track athlete, easily beating his biologically female competitors during the state championship this year. 

Marc Jacques and Kearsarge have been riding the wave of progressive support for males who identify as female, getting Maelle Jacques nominated for a Biden White House “Girls Leading Change” award. 

A day after the game between the Kearsarge and Hillsboro-Deering girls soccer teams, Harrington was horrified to learn about Marc Jacques’ conviction. Harrington started contacting school officials, police, elected representatives — anyone who might be able to do something about Marc Jaques being at the game.

“Someone has to listen,” Harrington said.

Marc Jaques isn’t going to more games any time soon. He’s locked up as a danger to the community after he was arrested Friday for having a new, secret stash of child sex abuse images, according to court records.

Multiple public officials knew about his conviction for months, and still let him go to games to watch his child compete. In fact, according to U.S. Attorney for the District of New Hampshire Jane Young, it took the efforts of many concerned parents like Harrington calling to get the United State Probation Department to take a second look.

“I commend those parents for calling here. I would ask if there is a parent who has a concern that they continue to call,” Young said.

Marc Jaques pleaded guilty in February to sharing dozens of videos and photos depicting child sex abuse images with pedophiles online. Law enforcement found hundreds of abuse videos and photos on Marc Jacques’ digital devices. He claimed in court that he suffers from a sex addiction.

According to court documents. Marc Jaques spent years chatting online with predators, sharing his fantasies about raping children, and even tracking down the identity of at least one of the victims and sharing that identity with other disturbed men online. And yet school officials allowed him to attend Kearsarge girl’s soccer games.

That stands in stark contrast to the treatment of two parents in Bow, N.H., who were slapped with no trespass orders by the Superintendent of Schools for wearing pink wristbands with “XX” written on them to girls soccer game to show their support for girls-only sports.

Kearsarge School District Superintendent John Fortney, Assistant Superintendent Michael Bessette, and School Board Chair Alison Mastin, all failed to respond to requests for comment NHJournal. A review of Kearsarge school board meetings indicates the board held a non-public session in September dealing with the Marc Jacques legal question.

After the guilty plea, Marc Jacques was free on bail pending his sentencing hearing in the United States District Court in Concord. He was sentenced to five years in prison last month, but given until December to report to the Bureau of Prisons to begin his sentence. From his guilty plea through to his arrest last week, Marc Jacques was under no legal restriction to stay away from people under the age of 18. 

However, according to his sentencing form filed in court, once he serves his prison sentence and is released on probation, Marc Jacques will be prohibited from any contact with a child under 18, and he will be prohibited from even going to a park, playground, or sporting event where people under the age of 18 will be present. 

Chief United States Probation Officer Kevin Lavigne declined to speak in detail about Marc Jacques’ release conditions, and he could not answer why a man deemed too dangerous to be around children once he has served his prison sentence was allowed to be around children before he reported to prison.

Harrington, a retired prison counselor who worked with convicted sex offenders, said Marc Jacques’ treatment throughout the case makes no sense. He first popped up on law enforcement radar for child sex abuse image distribution years before he was arrested, she said.

“I don’t think we know the depths of his offending yet. I think the biggest problem was the length of time he had to reoffend,” Harrington said. “There was too much time between the time he was caught, to the time he pled guilty, to the time he was sentenced, to the time he was incarcerated. It all added up to too much time available to reoffend. Plus he was around girls the whole time.”

Harrington thinks Marc Jacques used the debate over his child Maelle Jacques to create sympathy and get a light sentence and easy pre-incarceration conditions. While Young’s office sought 78 months in prison for Marc Jacques, he ended up with a 60-month sentence. Harrington thinks the many school and court officials who should have known better caved to the transgender narrative Marc Jacques pushed.

“That was why he got the weaker pre-incarceration conditions,” Harrington said.

Before his sentencing, Marc Jacques wrote a letter to the court pleading for leniency. His argument was that Maelle Jacques needed him to support the process of gender transition. In the letter, Marc Jacques stated Maelle Jacques’ mother does not think gender transition is the right treatment.

“Transgendered teens have the highest rate of suicide in the United States, and I am afraid for Maelle and her path if she is forced to live with her mother and her stepmother in a home where she is not supported and feels unwelcome,” Marc Jacques wrote.

United States Attorney for the District of New Hampshire Jane Young

Young said the Probation Department claimed they had Marc Jacques on some of the strictest pre-incarceration conditions available, and that he had been complying with all of those supposedly strict conditions. 

“We considered him somebody who needed to serve a significant period of time in prison, but we also had information about him abiding by those conditions. We are only as good at the information we are given,” Young said.

After a flood of calls from parents like Harrington, the United States Attorney’s Office contacted Probation about concerns that Marc Jacques was a danger. Marc Jacques’ probation officer then checked his monitored internet and found a new, illicit digital storage device was being used. On that device were more images of child sex abuse, according to court records. 

“It’s disturbing and quite frankly unacceptable,” Young said.

Young deferred questions to Lavigne, but said this case highlights the need for greater scrutiny of probationers and their conditions. Without tight conditions and assertive probation officers, prosecutors and judges are left in the dark, Young said.

When parents and players of the Bishop Brady High School soccer team began organizing to oppose a game against a team with a biological male on the roster, they found they faced an opponent off the field as well.

The Roman Catholic Diocese of Manchester.

Parents and players began expressing concern about playing against Kearsarge High School and its goalie Maelle Jacques, a male athlete who won the state girls high jump earlier this year.

Word that parents or students might take action prompted Bishop Peter Libasci to huddle with his legal team to craft a statement opposed to a boycott, according to information obtained by NHJournal.

Dave Thibault, Superintendent of Schools for the Roman Catholic Diocese of Manchester, relayed the message, telling the girls they ought to play at Kearsarge out of a sense of Christian charity.

“We don’t believe it’s right to just forfeit a game when playing a team with a transgender athlete because we have an issue that is not being handled properly by another party,” Thibault wrote. 

But the girl’s soccer game against Kearsarge High School was canceled after several team members refused to play. When asked about the incident, Tara Bishop, director of communications for the Diocese, attempted to suggest there was no boycott.

“There simply weren’t enough players available for this game,” Bishop said.

And it’s not just the Maelle Jacques’ presence that had parents worried. Jacques’ father, Marc Jaques, is a regular at his child’s games. He’s also a convicted sex offender.

Marc Jacques attending the Hopkinton versus Kearsarge girls high school girls soccer game on October 7, 2024 at Hopkinton High School.

Marc Jaques was convicted last month on federal charges of distributing child sex abuse material. According to court records, Marc Jaques was found in possession of at least 200 child sex abuse images and video files, many of which he uploaded to the social media platform, Kik. 

Marc Jaques had been free pending his report date to prison, most likely in December, when he will begin a five-year sentence. In the meantime, he’d been seen at the stands for Kearsarge girl’s soccer games. 

To make matters worse for worried parents, federal law enforcement arrested Marc Jaques on Friday, however, on an alleged bail violation. He’s due Monday in the United States District Court in Concord for a bail revocation hearing. 

While Thibault’s statement came before he was reportedly made aware of Bishop Brady parents’ concerns about Marc Jaques, his criminal case has been a matter of public record for months.

Neither Bishop Brady Principal Andrea Elliot nor Athletic Director Annie Mattarazzo responded to requests for comment on Friday.

Elliot did try to allay concerns about Marc Jaques’ presence at the game, however. In an email to parents, Elliot said Kearsarge would have a police presence at the game, and at least three school administrators would be on hand as well. Further, according to Elliot’s email, Marc Jaques would not be permitted on the sideline near the benches. He’s supposed to watch the games from his car in the parking lot, according to Elliot.

However, photos provided to NHJournal show Marc Jaques standing behind the benches and near the sideline during an Oct. 7 game played at Hopkinton High School. 

Marc Jacques attending the Kearsarge v Hopkinton girls soccer game.

Critics of male athletes playing on girls’ sports teams note the irony of the current situation in New Hampshire. While Marc Jacques is allowed seemingly free range at the games pending the start of his prison sentence, Kyle Feller, the father of a Bow High School girl’s soccer player, had to get a federal court order to be able to attend his daughter’s games. Feller’s crime was taking part in a silent protest against biological males in girl’s sports.  

Thibualt urged the Bishop Brady girls and their families not to express their views.

“Parents and fans should not protest, even silently, but attend games in goodwill also seeing the deep, inherent dignity of each and every player,” Thibault wrote.