UPDATED: Tywone Parks Protective Order Applications

Posted by Tyson Wynn | Print This Post

Feb 25

UDATES IN RED

I initially posted a PDF of the pages from the protective order petitions filed in this matter. I was contacted by a purported friend of the young women in question and told that they were hurt by having the documents and their names posted online. While the documents are public records which anyone can get at the Rogers County Court Clerk’s office, I have no desire to add any further hurt or trauma to these young ladies’ lives. Therefore, I have redacted the only name I had mentioned from this post and removed the original PDF of the whole scanned pages and replaced it with a PDF that shows just the ladies’ narratives of why they believed they were justified in receiving an emergency protective order. They suffice to document my posts and research.

In a previous post, I noted that Tywone Parks had been on the receiving end of three emergency protective orders applied for and granted last week. I have been to the courthouse this morning to get copies. Protective order applications are basic fill-in-the-blank and tick-box forms, so I have not scanned the entire documents. There is, however, a space for the applicant to describe the incidents which led them to apply for the protective order against the defendant. I have scanned those pages of the applications.

According to the three young ladies who applied for and received emergency protective orders, Tywone Parks:

threatened to harm his ex-girlfriend
stated that all of his ex-girlfriends are dead
stated that he knows where to hide bodies
stated that all women need to be taught a lesson
threatened suicide
decapitated a dog and left the head on a doorstep and blood on a door
has confessed to other animal mutilations
stated that he wanted to decapitate an individual, store her head in his freezer, and feed her to her sisters
has weapons, namely rifles, shotguns, pistols, and an axe
has asked fraternity brothers where he can hide bodies
wrote on his apartments wall that “all women are whores and need to be taught a lesson”
told individuals to live each day as if it were their last
keeps track of certain individuals’ schedules
can see into a certain individual’s bedroom

Yet, the RSU lockdown was just a “precaution” and the incident may have been predicated on “embellished” information? Something doesn’t add up.

Also, RSU spokesman Brent Ortolani was quoted int he Progress as saying

the student in question was never on campus.

That statement is at odds with the application for protective order filed by [Redacted by Request], who states that Mr. Parks was on campus (and gave her a hug) at approximately 2 PM, Monday, Feb. 18. I have emailed Mr. Ortolani asking him to clarify his statement. I will post any response I receive here.

Read it all for yourself here:

Tywone Parks Protective Order Narratives (PDF)

Filed under: Claremore, News, RSU, Tywone Parks

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28 comments

Comment by meeciteewurkor on February 25, 2008 at 11:24 AM

This is astounding…

I think it’s time for people to start taking advantage of their Second Amendment rights. If every man and woman took advantage of their rights, the Tywone parks of the world would be quickly eliminated, school shootings would not exist, crime would plummet and security would prevail, because the People would ensure it.

Mr. Wynn, you are to be commended for this investigation. It’s obvious the traditional media, RSU, et al will keep this from the general public at large. Thank you for your work.
Comment by Tyson on February 25, 2008 at 7:48 PM

Well, it’s obvious that Mr. Parks has some serious issues, and I hope they are attended to and he is able to live a safe and productive life around others. In no way do I want him to suffer, and I am so glad that alert students reported disturbing behavior before it was necessary to use any kind of force (especially force that would have eliminated him). I, like most 2nd Amendment supporters, hope we never have to exercise our rights, though prepared to do so when necessary.

The troublesome part of this story is that the “elites” believed only they should be privy to the information. I have seen people hide behind HIPAA so often that it’s not funny. And there are just too many things that still don’t add up. I’ll be following up more, and hopefully we can connect some more dots.
Comment by RSU Prof on February 26, 2008 at 10:47 AM

In this particular case, it’s not just HIPAA, it’s also FERPA that imposes limits on what kinds of information that can be released. The administration indicated that they would like to have released a much fuller explanation of events — and also what types of actions were undertaken — but were overruled by the university’s legal advisors.

For the record, the university did not activate it’s campus emergency notification system because by the time the administration was appraised of the situation the student’s location was known, and he was not on campus. The “lock-down” was not administration-mandated, was confined to Prep Hall, and only dealt with one floor for a brief period of time because the student’s location was not known but he was known to have been enrolled in a class in Prep Hall.

Beyond that, I think we can all express some relief that alert faculty and students noticed some serious decompensation on the part of the student, and that he was taken into custody before he had the chance to act on his impulses (beyond the poor animal). I for one will second the call for a fuller reporting process, within the framework of existing laws.

I would just conclude that I see no evidence that anyone at the university was attempting to cover anything up. I think they were making good-faith efforts to get ahead of the story, and were constrained by the potential legal tangle of FERPA and HIPAA.
Comment by Tyson on February 26, 2008 at 10:57 AM

Thanks for your comments. Your brief little statement here sheds more light on the situation than anything the university “officially” released. Thankfully Claremore Police Department has been much more responsive to my inquiries (as in they responded at all, unlike RSU’s Director of Public Relations).

I would also re-assert that much of the detail could have been released without identifying the person detained without violating HIPAA or FERPA (I was initially not sure whether Parks was a current student, in which case FERPA should not have applied. Another commenter reported that he is still a student, though he has already received a degree from RSU. See comments on http://tysonwynn.com/index.php/2008/02/22/after-the-severed-dogs-head-things-got-weird/).

I am also investigating the language of HIPAA and FERPA, as to their legal exclusions in cases of public safety.

And, I don’t think I have to tell most people that I don’t have much regard for RSU’s legal team. I know for a fact that they have made errors before. And, if the legal advisors are the reason that a statement was not issued until Thursday, they should be ashamed.
Comment by Tyson on February 26, 2008 at 11:26 AM

Further, FERPA applies only to education records. I really fail to see how the legal advisors got a FERPA application in this case.

See:

FERPA §99.3

Education records.
…
(b) The term does not include:
…
(2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of § 99.8.
…
(4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
(ii) Made, maintained, or used only in connection with treatment of the student; and
(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, ‘‘treatment’’ does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and
(5) Records that only contain information about an individual after he or she is no longer a student at that agency or institution.

§99.8 is referenced. It states:

Sec. 99.8 What provisions apply to records of a law enforcement unit?

(a)(1) Law enforcement unit means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution to–
(i) Enforce any local, State, or Federal law, or refer to appropriate authorities a matter for enforcement of any local, State, or Federal law against any individual or organization other than the agency or institution itself; or
(ii) Maintain the physical security and safety of the agency or institution.
(2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.
(b)(1) Records of a law enforcement unit means those records, files, documents, and other materials that are–
(i) Created by a law enforcement unit;
(ii) Created for a law enforcement purpose; and
(iii) Maintained by the law enforcement unit.
(2) Records of a law enforcement unit does not mean–
(i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or
(ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.
(c)(1) Nothing in the Act prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, State, or Federal law.
(2) Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, including the disclosure provisions of Sec. 99.30, while in the possession of the law enforcement unit.
(d) The Act neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records.

And, considering this from the government’s HIPAA site:

IMMINENT DANGER: Providers can share patient information with anyone as necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public — consistent with applicable law and the provider’s standards of ethical conduct.

they might have a hard time justifying applying HIPAA (other than that they delayed so long that the situation was no longer imminent). The case could also be made that RSU was not the provider.

And all this is made moot by the fact that HIPAA states:

Under section 1172(a) of the Act, 42 U.S.C. 1320d–1(a), the provisions of Subtitle F apply only to—
The following persons:
(1) A health plan.
(2) A health care clearinghouse.
(3) A health care provider who transmits any health information in electronic form in connection with a transaction referred to in
section 1173(a)(1).
These entities are collectively known as ‘‘covered entities.’’ [Footnote 1]

Footnote 1 states:

An additional category of covered entities was added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Pub. L. 108–173) (MMA). As added by MMA, section 1860D–31(h)(6)(A) of the Act, 42 U.S.C. 1395w–141(h)(6)(A), provides that a prescription drug card sponsor is a covered entity for purposes of applying part C of title XI and all regulatory provisions promulgated thereunder, including regulations (relating to privacy) adopted pursuant to the authority of the Secretary under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).

My point here is that, often, entities hide behind acronyms like FERPA and HIPAA and everyone just says OK without bothering to investigate why. I know I haven’t sat for the bar exam, but unless I am missing something huge, I fail to see how either FERPA or HIPAA would apply in this situation in regards to RSU.

And, the worst part is that if everyone doesn’t learn from this, God forbid, one of these days someone is going to be hurt or worse because some lawyer somewhere was mulling things over, applying something that does not apply, and all at $250 an hour.
Comment by rsu student 2 on February 26, 2008 at 11:37 PM

how is it possible for parks to have logged onto his facebook on Feb 20th when all this went down on and around the 18th?? and for the defendent in the protective order post pictures up of the two together?
Comment by Tyson on February 27, 2008 at 2:43 AM

Hmm, those are excellent questions. I cannot view his Facebook page, so I have no idea. If activity happened on the 20th, it was while he was at Grand Lake Mental Health. Someone may have his login…

Anyone else got any bright ideas?
Comment by anonymous on February 27, 2008 at 2:51 PM

Activities can show up in a Facebook User’s MiniFeed without that user actually doing anything.

He was likely in a relationship with a specific person, and that specific person ended the relationship. When one party on facebook ends a relationship with another specific party, the other party’s profile will show that they are “In a relationship” rather than “In a relationship with” and then the name of that party. So when that other person ended the relationship, his profile will still show “In a relationship” until he (or someone) logs into his account and changes the relationship status.
Comment by Another RSU Student on February 27, 2008 at 4:10 PM

Well concerned rsu student, anyone can logon to someone’s facebook account. All they to do is know 2 things. Email address it is regesitered under and the password.
On a personal note, I would like to say I have know him since he stepped foot on the campus. I would not classify him as a best friend but i did consider an acquitance of mine. Me and him had 1 class that first semester he was on campus. I just found out about this yesterday. It kinda floored me. I thought he had it altogether upstairs but it looks like he didnt. Does what happened change what I think of him? No it doesnt. It is good to know he is getting help that he needs. If you are a Christian you should pray for him and those who were affected by the turn of events that transpired, especially those who filed a protective order against him.
Comment by Tyson on February 27, 2008 at 4:46 PM

I am so in the dark with Facebook, so I appreciate your explanations.

I have heard often that this was very out of character for Mr. Parks. I, too, hope he gets the help he needs, as I hope that everyone involved is able to successfully get past this incident.

They are all in my prayers.
Comment by Another RSU Student on February 27, 2008 at 6:28 PM

Facebook essentially is like myspace. Its a social network where you can keep in contact with your friends.
Another side note, besides knowing him from that one class, I remember him eating at the noonday lunches at the RSU BCM. He is well liked by a lot of people.
Comment by Haskell Student on February 28, 2008 at 9:17 AM

Haskell is always in the news some how! leave it up to a former graduate to do somethiung crazy like this. His grandparents R surely hurt on what he has done! It’s unlike him to be so crazy on what kind of family he came form
Comment by Tyson on February 28, 2008 at 9:24 AM

Well, from all I can gather, Tywone is a sick person, so I hope that he is able to get treatment and get as well as possible. And, I’m sure this has been a terrible strain on all the families involved. Just another reason to pray for them all.
Comment by rsu student 4 on March 2, 2008 at 10:25 PM

Thank you to everyone who is concerned about this matter. I am one of the girls who filed a protective order against tywone. I very much appreciate you taking our names off of this website. You can’t imagine how much media attention we are getting and how many reporters are trying to contact us.. This is the last thing we all needed after what has happened the last couple weeks. It has very much affected our lives and we are doing better. Tywone, was a very good friend of mine, so it hit really hard to realize he could have done such a thing to me and my close friends. He needed help , which is what he is getting. Since I have been directly involved with everything that has gone on. I just want everyone who reads this to know that the campus and the police did everything in their power to help. CLaremore Police department was amazing and continue to help us out through all of this. I cannot thank them enough. The RSU campus took the initiative and did what waS necessary. He was not on campus when everything was going down; and at that time nobody had a clue of what was to come. Because of that there was no reason to alert and worry the rest of the students. The campus took care of me and the other girls who needed it and are still helping us out. As you all can imagine, it’s been a emotional roller coaster the last couple weeks. Anyways, I just wanted everyone to know that everything is okay.. Tywone is where he needs to be.. The police and the college have done exactly what they needed to do. and we will sit back and see what happens with him on his future court date and ours.. Feel free to comment me back. I will answer any questions you might have.
Comment by SHOCKED on March 10, 2008 at 11:25 PM

i just found out today and i am shocked. i dropped out but he was best friends with me and my two friends there. when i found out i have no idea how to react. he was always so nice and caring. he was slightly weird but we were college students. we liked concerts and hanging out. and he is the last person i would have ever expected to have done this
Comment by Old Friend on March 11, 2008 at 9:48 AM

Tywone was a good friend of mine, in fact, the first good friend that I had at RSU, when my friend told me that he had got arrested a few weeks back, I was shocked, and even more so when I found out for what. I really didn’t see Tywone ever doing anything like that, it was completely out of his character. And I agree, I thought that he was kinda weird, but not even in a creepy or psychotic way, just different. We lost contact, but if he needed anything, I would still be there for him to talk to someone about it, I’m sure that he needs someone to trust and not judge him.
Comment by Tru's Mom on March 11, 2008 at 7:17 PM

I was actually just talking to a friend of mine about this today. I have no doubt in my mind that Tywone is a good guy. He is however, mentally ill. From working as a nurse for 7 years, and in psych for 3 years, I can honestly feel justified in saying that. Most people who are TRULY mentally ill, such as being bipolar or pschizophrenic, don’t even begin to show signs until their late teens or early twenties. I feel that this is the case with Tywone. I’m just glad that he is in a situation now where he can get the help that he needs. Although I feel that everyone should be held accountable for their actions, I do truly feel that he has an illness that is beyond his control. Hopefully now, with the proper meds and counseling, this young man can get his life back on track, because from what I hear, he was a very upstanding and driven individual.
Comment by Hillcat on March 12, 2008 at 10:08 PM

I wish Tywone could read this. We’re all on your side, brother.

Everyone has left such great comments about the situation and utilized integrity and compassion.

Thank you Tru’s Mom, for your latest post.
Comment by GreekCat on March 13, 2008 at 2:04 PM

I have been watching the case since it started. Being on campus and hearing the rumors and inconsistencies is hard not to comment. Even harder when you are an insider. I would like to state one thing. Tywone was a fraternity member, “was” being the operative word. Since the incident he has been removed of membership and will no longer be recognized as a member. The actions taken by Tywone shocked all of us. I wish the best and can only hope that he gets help. I can only imagine what goes on inside ones mind that causes such things. So I ask to please refrain from anymore comments about the fraternity in general.
Comment by another student on March 13, 2008 at 7:40 PM

I had a current class with Tywone, and he said more than a few things in that class that made me wonder about his mental state. I had actually told my husband about the comments he had made a few weeks before the incident, so I was not that surprised to hear of his plans. Also, I one of the people on his “list” mentioned in the newspaper was a close friend of mine, and all I can say is that I am glad the cops got him when he did. If he has been having homicidal thoughts since he was 7, there is something more or less serious going on here. Just relieved to know the situation is taken care of.
Comment by Hillcat on March 13, 2008 at 9:36 PM

The comment I previously posted was poorly executed. I meant the term “brother” as in friend, not as in fraternity brother.
I feel many of Tywone’s friends are still genuinely concerned for his well being.

This compassion is not representative or to be confused with the decisions made by any and all organizations he was affiliated with scholastically, professionally, or socially.

I only speak for myself, in a society with TOO MANY rumors, I forgot we are among educated people at Rogers State that occupy themselves with gossip and rumor rather than fact. The word brother was used inappropriately and I apologize for any confusion or frustration this may have generated.

Further, I commend GreekCat for catching this and clarifying the comment.
Comment by hey on March 14, 2008 at 2:39 PM

I would just like to comment to everyone who was curious about the facebook status. That happened because the girl who was with him ended their relationship. It will continue to show that he is simply in a relationship until he is able to log on and change it himself. No one has his password and they are not getting onto his facebook.
Comment by asdf on March 25, 2008 at 5:30 PM

none of this is out of the ordinary for parks. He exhibited this kind of behavior from day one. He had seven knives seized from his dorm room, he hung knives from his ceiling in his dorm room. and i wont even go into his behavior.
Comment by hey on March 26, 2008 at 3:38 PM

what type of behavior are we talking about?
Comment by might want the police to know on March 27, 2008 at 10:40 AM

At one time, Tywone was trying to get hooked into some connections with Kahlile Gators, some sort of a Black Muslim group that was being carefully watched with regard to some Middle Eastern ties. It’s very interesting…I think this is just one more example of how Tywone was reaching out for acceptance and ties to other people. Mental illness does not mean the guy is bad, however, it does mean that unless you are a professional, you could be vulnerable to the danger a person may pose. this is NOT a criticism of Tywone. People that are very, very intelligent are sometimes capable of great deception and manipulation. It is a frightening thing for everyone involved. I appreciate the person who said we should pray for Tywone. Yes, all of us need to care more for each other but, be aware that we need to keep ourselves safe as well. Please understand that I know there is a lot of good in Tywone. We can all be very nieve sometimes about mental illness.
Comment by RSU TRIO Survivor on March 27, 2008 at 1:53 PM

Dear “RSU Student 4″

You said, “Tywone was a good friend of yours” He was a good friend of mine too. I am sorry this happened. Something similar happened to me with a close friend years ago who, as many people do, became schizophrenic in her twenties. I am glad to see that although confused and scared, with every right to be, you are still compassionate. I pray for you, and that Tywone will get the help he needs. Medications can do wonderful things, and I believe he can make it, and will be terribly shocked when he becomes “normalized” and realizes what he has done. He is, deep down, kind-hearted, but seriously ill. Without wanting him to get “off the hook,” I pray they realize he is ill, and don’t just lock him away, but provide him help too. I wish the best for you.
Comment by Prevention on November 25, 2008 at 12:59 PM

I have been reading alot on this case. One of my friends used to work with Tywone and always thought he was weird. But something that many of you might not know is that RSU has swept things under the rug. This probably could have been prevented or the college could have been better prepared. I know for a fact this isn’t the first time something like this has happened. Some of you probably don’t know this but a few years ago in the family dorms and guy was arrested and made to move off campus for pulling a gun on his girlfriend. She was awarded an emergency protective order bc of it. He went to jail for the night and as far as I know nothing was ever done to him. The police and campus security where called and retrieved 2 guns from the dorm. Getting kicked out of the dorms and 1 night in jail was all his punishment. So maybe if that situtation would have been handled different then maybe the Tywone incident would have never happened.
Comment by RSU Alum on November 26, 2008 at 2:34 PM

“Prevention” if you only had a clue as to what you are talking about when refering to this former incident. The young man in question did have to spend a night in jail due to a disorderly conduct charge but the rest of what you wrote is horse [pucky]. The supposed gun charges are false, the young man had two antique firearms given to him via inheritance and had notified Campus police he was moving them through campus while attempting to leave his wife who had been cheating on him for quite some time. And how the [heck] can you compare this situation which ia an everyday domestic dispute to a case where an individual cut the head off a dead dog and left it on someones doorstep. One has nothing to do with the other. Get your facts straight before you go off half-cocked and reporton something you have no clue about.