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THURSDAY “READERS FORUM”

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WHAT’S ON YOUR MIND TODAY?

“IS IT TRUE” will be posted on this coming Thursday.

Todays READERS POLL question is: DO you feel that Evansville City Council is transparent?

Please take time and read our newest feature articles entitled “HOT JOBS” and “LOCAL SPORTS” posted in our sections.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute

AG Zoeller: 6,638 Hoosiers Eligible For Compensation As Part Of Settlements With Volkswagen Over Emissions Fraud

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Total Restitution To Indiana Customers Could Reach $66 Million

INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller today announced that an estimated 6,638 Volkswagen customers in Indiana will be eligible for monetary compensation and the option to have their vehicles bought back or modified to reduce emissions, as part of a joint state and federal agreement reached with the company over allegations of emissions fraud in its diesel engine vehicles.

In total, restitution to Indiana customers could reach $66 million.

This agreement is part of a series of state and federal settlements that will provide cash payments to affected consumers, require Volkswagen to buy back or modify certain VW and Audi 2.0-liter diesel vehicles, and prohibit Volkswagen from engaging in future unfair or deceptive acts and practices in its dealings with consumers and regulators.

The agreement also requires Volkswagen to pay almost $570 million for violating states’ law prohibiting unfair or deceptive trade practices when it marketed, sold and leased diesel vehicles equipped with “defeat device” software. This illegal and undisclosed software was intended to circumvent air pollution emissions standards.

“Volkswagen deceived customers by misrepresenting its diesel vehicles’ emissions and advertising its cars as meeting ‘green’ and ‘environmentally friendly’ standards,” Zoeller said. “People paid a premium for a benefit they simply did not receive. In our efforts to protect consumers, attorneys general have ensured Volkswagen will pay for its misrepresentations and compensate its customers to right this wrong.”

Today’s coordinated settlements resolve consumer protection claims raised against Volkswagen by a multistate coalition of 37 state attorneys general, the United States Environmental Protection Agency (EPA), the Department of Justice (DOJ), the Federal Trade Commission (FTC) and car owners in private class action lawsuits.

The attorneys generals’ investigation confirmed that Volkswagen sold more than 570,000 2.0- and 3.0-liter diesel vehicles in the United States equipped with “defeat device” software and actively concealed the existence of the defeat device from regulators and the public. Volkswagen made false statements to consumers in their marketing and advertising, misrepresenting the cars as being environmentally friendly or “green” and that the cars were compliant with federal and state emissions standards, when in fact Volkswagen knew the vehicles emitted harmful oxides of nitrogen (NOx) at rates many times higher than the law permitted.

Under the settlements, Volkswagen is required to implement a restitution and recall program for more than 475,000 owners and lessees of 2.0-liter diesel vehicles, of the model year 2009 through 2015 listed in the chart below, at a maximum cost of just over $10 billion. This includes 6,638 vehicles in Indiana.

Once the consumer program is approved by the court, affected Volkswagen owners will receive a restitution payment of at least $5,100 and a choice between:

  • A buy back of the vehicle (based on pre-scandal NADA value); or
  • A modification to reduce NOx emissions provided that Volkswagen can develop a modification acceptable to regulators. Owners will still be eligible to choose a buyback in the event regulators do not approve a pollution-control fix. Owners who choose the modification option would also receive an Extended Emission Warranty; and a Lemon Law-type remedy to protect against the possibility that the modification causes subsequent problems.

Based on 6,638 total eligible Indiana vehicles, Indiana consumer restitution will total between $34 million and $66 million, depending on the value of the respective vehicles. VW will pay this amount in addition to any buyback payments it makes to consumers.

The consumer program also provides benefits and restitution for lessees (restitution and a no-penalty lease termination option) and for consumers who sold their vehicles after September 18, 2015 when the emissions-cheating scandal was disclosed (50 percent of the restitution available to consumers who still own their vehicle).

Volkswagen will contact customers who are eligible for these settlement offerings by mail.

The consumer restitution and recall program only covers the 2.0 models at this time. Litigation over the 3.0 models will continue, and the settlement website and the Attorney General’s Office will provide updates going forward regarding remedies available to 3.0 owners.

Additional components of today’s settlements include:

  • Environmental Mitigation Fund: Volkswagen will pay $2.7 billion into a trust to support environmental programs throughout the country to reduce emissions of NOx. This fund, also subject to court approval, is intended to mitigate the total, lifetime excess NOx emissions from the 2.0-liter diesel vehicles identified below. Under the terms of the mitigation trust, Indiana is eligible to receive $38,920,039 to fund mitigation projects.
  • Additional Payment to the States: In addition to consumer restitution, Volkswagen will pay to the states more than $1,000 per car for repeated violations of state consumer protection laws, amounting to $520 million nationwide.  This amount includes $6,571,620 paid for affected vehicles Volkswagen sold and leased in Indiana.
  • Zero Emission Vehicles: Volkswagen has committed to investing $2 billion over the next 10 years for the development of non-polluting cars, or Zero Emission Vehicles (ZEV), and supporting infrastructure.

Volkswagen will also pay $20 million to the states for their costs in investigating this matter and to establish a fund that state attorneys general can utilize for future training and initiatives, including investigations concerning emissions violations, automobile compliance, and consumer protection.

The full details of the consumer program will be available online at www.vwcourtsettlement.com and www.ftc.gov/VWSettlement.

Zoeller thanked Deputy Attorney General Mark Snodgrass for his work on this case.

Below is a list of VW models eligible for the restitution and recall program:

vw models

ST. MARY’S HEALTH AND TRI-STATE ORTHOPAEDICS ANNOUNCE CONSTRUCTION PLANS FOR ST. MARY’S ORTHOPEDIC HOSPITAL

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st mary

St. Mary’s Health, member of St. Vincent and Ascension, and Tri-State Orthopaedics are partnering to build a state-of-the-art orthopedic header-tri-state-orthopaedics-logospecialty hospital to provide surgical and non-surgical care to address the growing orthopedic needs of individuals in the Tri-State area.

The $95 million, 135,000-square-foot, four-story St. Mary’s Orthopedic Hospital will be located at the northeast corner of Warrick Wellness Trail and Epworth Road, making it a natural extension of the St. Mary’s Epworth Crossing campus, which provides a variety of outpatient services.

“St. Mary’s Orthopedic Hospital will be able to meet the expanding need for orthopedic services in the Tri-State,” said Keith Jewell, President of St. Mary’s Health. “Demand for orthopedic services is projected to increase by 24 percent over the next several years.”

“As the Tri-State grows and develops, St. Mary’s is committed to growing and evolving our services in order to provide our community with access to the healthcare services they need to achieve and maintain optimal health,” Jewell said. “By partnering with Tri-State Orthopaedics in the development and delivery of leading-edge orthopedic care, we are investing in the current and future healthcare needs of those we’re privileged to serve.”

Last year, Ascension – the nation’s largest non-profit and Catholic health system – formed a national musculoskeletal service line council to enable care excellence and sustainable growth throughout the organization’s hospital markets, including Indiana. The intent is to identify opportunities to create value and share proven processes that support the Quadruple Aim – improving population health, reducing costs, enhancing the physician experience and improving the patient experience. The St. Mary’s Orthopedic Hospital provides the opportunity to realize this goal in the region.

“The new hospital has been in the planning process for more than a year and is the result of a long-standing shared vision with Tri-State Orthopaedics to develop a highly efficient, state-of-the-art facility focused on personalized orthopedic care,” said Jonathan Nalli, St. Vincent CEO and Senior Vice President, Ascension Health, Indiana Market.

“Across St. Vincent and Ascension, we’re building clinically integrated systems of care by developing partnerships between trusted healthcare providers focused on clinical excellence and a great patient experience.  It is this work that has led St. Mary’s orthopedic care to be ranked among the nation’s best,” said Nalli.

“St. Mary’s Orthopedic Hospital is a unique collaboration between the surgeons of Tri-State Orthopaedics and St. Mary’s. The patients of the Tri-State are the real winners,” said Dr. Paul Perry, President of Tri-State Orthopaedics. “High quality, patient centered care delivered in a facility laser focused solely on bone and joint surgery will bring state-of-the-art technology to our community. Surgeons, nurses, techs, therapists and numerous ancillary staff all working as a team will transform orthopedic surgery in the region.”

The St. Mary’s Orthopedic Hospital will include 48 inpatient rooms, 10 operating suites (with room for expansion), and two procedure rooms. Services provided will include:

  • Elective orthopedic and spine surgeries (inpatient and outpatient)
  • Pre-procedure education
  • Pre-procedure clinic
  • Imaging services (CT, X-Ray, Ultrasound, MRI)
  • Laboratory
  • Physical Therapy
  • Respiratory Therapy
  • Durable Medical Equipment
  • Pastoral Care & Chapel
  • Hospitalists
  • Dining Services
  • Community Meeting Space

A groundbreaking ceremony is before the end of the year, with a projected opening date in fall 2018.

Removing Your Vehicle From The Roadway After Property Damage Crash Will Be Law Once Again

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Indianapolis, IN- A law that had been on the Indiana books as a misdemeanor, and was inadvertently removed, has been reinstated as a class “C” infraction.

Beginning July 1st, 2016, IC 9-26-1-1.2 is added to the Indiana Code as a new section and states, “If, after an operator of a motor vehicle is involved in an accident, the operator’s motor vehicle comes to a stop in the traveled portion of the highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible. However, the operator of the motor vehicle shall not move the motor vehicle if the accident involves the transportation of hazardous materials or results in the injury or death of a person or the entrapment of a person in a vehicle.” The previous law only applied to interstate highways. The reinstated law applies to all government maintained roadways.

The intent of the law is to safely remove traffic hazards from the roadway so as to reduce secondary crashes, especially on multi lane highways, that are often more severe and result in more injuries than the original crash. Also, this law ensures that motorists have statutory backing when they move their vehicles. Many times insurance companies tell their clients not to move their vehicle after it has been involved in a crash, even if it’s only a property damage crash, until law enforcement arrives.

Information from IN-Time, Indiana’s Traffic Incident Management Effort, states that for every minute that a freeway travel is blocked during a peak travel period, four minutes of travel delay results after the incident is cleared. Their statistics reveal the following:

Ø  Crashes that result from other incidents (secondary) are estimated to be 22% of all crashes.

Ø  Chances of a secondary crash increase by 2.8% for each minute the primary incident is not cleared.

Ø  18% of secondary crashes result in fatal injuries.

Ø  In 2008, 21% of Indiana’s crashes showed vehicles “slowed or stopped” in traffic. A secondary crash.

Past records indicate neither a ticket nor arrest was issued while the law was a misdemeanor and authorities do not anticipate tickets being issued under the reinstated law, except in rare circumstances.

“Our intent is to educate the public that if they are involved in a property damage crash, they have a statutory requirement to remove their vehicles from the roadway,” stated Indiana State Police Superintendent Doug Carter. “The Indiana State Police will utilize traditional media and social media to inform the public of this reinstated law which is designed to remove hazards and keep traffic moving safely on Indiana highways.”

Included below is the reinstated statue IC- 9-26-1-1.2.

SECTION 2. IC 9-26-1-1.2 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2016]: Sec. 1.2. (a) If, after an operator of a motor vehicle is

involved in an accident, the operator’s motor vehicle comes to a

HEA 1048 — Concur

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stop in the traveled portion of a highway, the operator shall, as

soon as safely possible, move the motor vehicle off the traveled

portion of the highway and to a location as close to the accident as

possible. However, the operator shall not move the motor vehicle

if the accident:

(1) involves the transportation of hazardous materials; or

(2) results in injury or death of a person or the entrapment of

a person in a vehicle.

A person who violates this subsection commits a Class C infraction.

 

 

 

JUNE BIRTHDAY

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CATE SISCO

ROCHELLE SERRA

PHILLIP DAVIS

SUNNI ZIMMER

TINA PORTELLO OUIGLEY

E LON WALTERS

RANDALL FORSTER

CORY RAY

JORDAN BAER

JESSE DANIEL

CHARLES D. EUBANK

DONNA ROBINSON

KYLE G JOHNSON

KATHLEEN KRISTEN

PHILIPS DAVIS

E LON WALTERS

KELLY CHANDLER

KELLY GATES

MARCIA BLEVINS

ED KARGES

CHINA PHELPS

ANDREW BELL

EMMA LENTO

JOSH TURNER

BRADLEY SMITH

BROCK LANCE

TIM DEISHER

JOHN FRANKS

AMANDA HENN

DEBORAH WINTNER

COURTNEY GOUSMAN

STAN LEVCO

BRECK BITTER

ED KARGES

SALOME LaMARCHE

EVAN OTTER

CHRIS BORN

MELANIE BOZSA

GLORIA WEBBORN

SHERYL SANDERS

KIMBERLY ANN GREER

JAMIE FUCHS

BRENDA HUGHES

MARCIA BIVINS

ED KARGES

C LARRY RHODES

CHINA PHELPS

JOHN WOODALL

EVELYN MaVEETY

SCHARIAS K. GRAVES

STEVEN PIRNAT

NATHAN BAYNE

CHRIS LANTAFF

JIMMY LEFTER

DANIEL DiLEGGE

JOSH TURNER

BILL BETZ

EDIASRISINTA ARIYA

STEVEN PIRNAT

NATHAN BAYNE

MARVIN C HINTON

JOHN LUEDKE

BRENT FEULNER

JOE TEMPLETON

BOB DEGRAFFENREID

JAMES BILL

MONICA SCHREIBER

KAREN DOERNER HILL

KEEITH KERNEY

JOSH TURNER

BILL BETZ

TIFFANY NUNN STEPTO

JAMES BRINKMEYER

CHRIS BROWN

MICHAEL PRUITT

ROBERT MONEY

RICKIE DUPONT SR

WAYNE HART

STACEY LYNN MAYES

Governor Pence to Join Sallie Mae for Economic Development Announcement

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Will Also Join Kentucky Governor Bevin For A Major Infrastructure Announcement

Indianapolis – Today, Governor Mike Pence, Lt. Governor Eric Holcomb, Indianapolis Mayor Joe Hogsett and U.S. Rep. Susan Brooks will join executives from Sallie Mae for an economic development announcement. Later in the day, Governor Pence will join Kentucky Governor Matt Bevin in Henderson, Kentucky for a major infrastructure announcement regarding I-69. Details below.

Thursday, June 30:

10:00 a.m. EDT – Governor Pence to join executives from Sallie Mae for an economic development announcement

*Media are welcome to attend.

8425 Woodfield Crossing Blvd., 4th Floor, East Wing, Indianapolis, IN

1:30 p.m. CDT – Governor Pence to join Kentucky Governor Matt Bevin for a major infrastructure announcement regarding I-69

*Media are welcome to attend.

Ellis Park –  3300 U.S. Highway 41, Henderson, KY

 

Local JAG Specialists Recognized at State Ceremony

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Local JAG Specialists Recognized at State Ceremony

Indianapolis – Indiana’s Jobs for America’s Graduates (JAG) specialists gathered in Indianapolis in yesterday to learn new techniques designed to continue their success in helping young Hoosiers improve their employability skills and graduate from high school. Additionally, more than 50 educators and schools were recognized for their efforts over the previous school year, which enabled JAG Indiana to earn the prestigious “5 of 5” statewide award for the second-consecutive year.

“As Indiana continues to commit to building strong communities of innovators, training tomorrow’s leaders, and creating a business climate designed for job creation, Jobs for America’s Graduates is playing a critical role in helping and inspiring young Hoosiers to reach their full potential through high school graduation and beyond,” said Governor Mike Pence, who serves as the national Vice Chair for the JAG Board of Directors. “I applaud the work of Indiana’s exceptional JAG program and look forward to the program’s continued growth and success in the years to come.”

Indiana’s program has been expanded by Governor Pence, with additional support from the Indiana General Assembly, and has grown to be the largest in the nation posting successful results for at-risk youth.

JAG is a state-based national non-profit organization dedicated to reconnecting students with barriers academically by helping them on their path to graduation. Indiana’s program graduates more than 94 percent of participants and many students choose to continue their education after high school.

“Indiana’s JAG program is a national leader in creating positive outcomes for students with barriers and encouraging them to achieve their highest potential,” said Steven J. Braun, Commissioner of the Indiana Department of Workforce Development. “JAG Indiana’s receipt of the “5 of 5” award is testimony to the continued hard work of JAG specialists who are making a positive impact on the young Hoosiers they serve.”

More than 15,000 students have participated in Indiana’s JAG program since 2006. Currently, more than 5,500 students participate in JAG through 104 programs throughout Indiana, making Indiana’s JAG program the largest in the nation. Indiana’s program graduates more than 94 percent of participants and many students choose to continue their education after high school.

Students are taught up to 88 competencies such as critical thinking, team leadership and effective communications skills that will increase their marketability in today’s workforce. JAG students also receive adult mentoring while in school and one year of follow-up counseling after graduation. The JAG program is funded through community partners and grants provided by the Indiana Department of Workforce Development.

For a full list of JAG Specialists being recognized by region, please go to: http://www.in.gov/dwd/files/2016_Summer_Awards.pdf.

Visit www.jagindiana.org to learn more about the Indiana JAG program.

BREAKING NEWS: Indiana, Kentucky Governors Launch I-69 Ohio River Crossing Project

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Henderson, KY – Indiana Governor Mike Pence and Kentucky Governor Matt Bevin today signed a Memorandum of Agreement to launch the I-69 Ohio River Crossing project. The states announced a combined commitment of about $17 million in their capital plans to advance project development.

“As the Crossroads of America, we know that roads mean jobs here in the Hoosier state,” said Governor Pence. “The partnership we are announcing today is a significant step in completing the vision of I-69 that will strengthen our transportation network and support economic investment and opportunity for generations of Hoosiers to come.”

Indiana and Kentucky will seek innovations from the private sector in expediting preliminary design and the required environmental review, with both states splitting costs and oversight. The MOA signed today authorizes the Indiana Department of Transportation to publish a formal request for proposals later this summer.

“I-69 is opening up Western Kentucky like never before,” said Governor Bevin. “Advancing the Ohio River Crossing will continue to build on that momentum. This additional north-south trunk will invite investment and spark further job growth in Kentucky. Our partnership will pay dividends for the entire Commonwealth.”

The environmental review and preliminary design will collect public input and study potential routes to connect the existing I-69 sections, the Robert D. Orr Highway south of Evansville and the upgraded Edward T. Breathitt Pennyrile Parkway south of Henderson. The review will also consider and collect public input on funding sources to build the project. Working cooperatively with the Federal Highway Administration, the states anticipate it will take about three years to complete the review and reach conclusions for the I-69 Ohio River Crossing route.

For additional information about the I-69 Ohio River Crossing project, visit:www.I69Crossing.indot.in.gov.

About I-69

Interstate 69 is a key component to the future economic vitality of southwestern Indiana and western Kentucky, and will connect entire regions with improved access to jobs, education and health care.

Designated by the U.S. Department of Transportation as one of six Corridors of the Future, I-69 stretches across eight states between Michigan and Texas, with about 820 miles already open for business. When completed, it will be a primary north-south artery for the movement of goods and services in the United States.

Late last year, Indiana opened 27 miles of new highway between Bloomington and Naval Support Area Crane, and Kentucky added I-69 signs along 44 miles of the Pennyrile Parkway in Henderson, Hopkins and Webster counties.

In addition to the I-69 Ohio River Crossing, completion of the I-69 corridor in both states requires improvements to 53 miles of Kentucky’s Purchase Parkway from Fulton to Calvert City and 27 miles of Indiana 37 between Martinsville and Indianapolis.

 

COA: Minors’ Malpractice Suit Can Continue

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Scott Roberts for www.theindianalawyer.com

The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.

Traci Leach died from lung cancer after a radiologist failed to diagnose a tumor on a CT scan. Multiple medical malpractice suits followed, but the hospital the doctor worked for was granted summary judgment in all but the children’s cases because they were untimely filed. Leach had three children with Kenneth Lockridge, Lily Lockridge, Rose Lockridge and Kenneth Lockridge Jr., and two other children from another relationship. The Lockridges and the two other children filed separate suits.

The Lockridges did not have their case dismissed because they were under six years old at the time of the alleged negligence and under eight years old before they field suit, which is allowed by the Medical Malpractice Act. The hospital filed an interlocutory appeal.

The CT scan was performed July 6, 2011, and this is the date when the alleged negligence occurred. The parties in the case didn’t file their complaint until Aug. 27, 2014, and according to the Medical Malpractice Act, lawsuits must be filed within two years of the malpractice taking place. The judges decided the trigger date is Aug. 30, 2012, when Traci learned she had cancer.

The COA held the children’s suit can take place because of the MMA exception on minor children. Judge John Baker wrote the Act does not qualify whether suits filed by minor children have to be injured by alleged negligence or can be a non-injured party bringing a derivative claim, and therefore both are acceptable under the Act.

“Our legislature could have drafted the definition of patients to exclude derivative claimants, but it elected not to do so. We are bound by the language it selected, which clearly includes derivative claimants as patients,” Baker wrote.

He also wrote that just because the rest of the suit was denied doesn’t mean the children’s suit can continue because to rule otherwise would “make an end-run around the purposes of the MMA.”

The case is Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors, 39A01-1509-CT-149

Eagles earn 23 GLVC COP Academic Excellence Awards

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University of Southern Indiana Department of Athletics senior student-athletes garnered a record 23 Great Lakes Valley Conference Council of Presidents’ Academic Excellence Awards this year.
Recipients of the GLVC Council of Presidents’ Academic Excellence Award exemplify the outstanding student-athletes in the GLVC. Each honoree has exhausted his or her eligibility in the intercollegiate sport in which they participated and maintained at least a 3.5 grade point average throughout their academic career.

In addition, to be eligible for the award, the student-athlete must have competed in the GLVC for a minimum of two years and completed 96 credit hours. A student-athlete can only earn the distinguished honor one time per sport in his or her career.

USI tied for ninth in the GLVC and third amongst public institutions in earning more than twice the awards this season. Drury University paced all schools with 31 awards, while Truman State led the GLVC’s public institutions with 25 awards.

The Screaming Eagles’ list of honorees is listed below:

Logan Ball (Newburgh, IN), Men’s Soccer
Adam Baysinger (Bargersville, IN), Men’s Golf
Hamilton Carr (Evansville, IN), Baseball
Anastasia Carter (Granger, IN), Women’s Golf
Emily Cummings (Cincinnati, OH), Women’s Soccer
McKinsey Durham (Madisonville, KY), Women’s Soccer
Brittanie Garrison (Evansville, IN), Women’s Golf
Erin Goldschmidt (Smithton, IL), Volleyball
Trevor Grant (Mt. Vernon, IN), Men’s Golf
Janna Green (Glenwood, IN), Softball
Johnnie Guy (Palmyra, IN), Men’s Cross Country/Track & Field
Josh Guy (Palmyra, IN), Men’s Cross Country/Track & Field
Madeline Kriz (Danville, KY), Women’s Cross Country/Track & Field
Jackie Lohmann (Owensboro, KY), Women’s Soccer
Kyle Niemeier (Evansville, IN), Baseball
Erica Oberbroeckling (Westfield, IN), Volleyball
Tyler Pence (Springfield, IL), Men’s Track & Field
Madi Vellky (Dublin, OH), Women’s Soccer (4.0 GPA)
Conner Waldkoetter (Nineven, IN), Men’s Track & Field
Kaylen White (Clarks Hill, IN), Women’s Track & Field
Elizabeth Wilm (Evansville, IN), Women’s Tennis
Abbey Winter (Germantown, IL), Volleyball
Lucas Woodford (Newburgh, IN), Men’s Soccer