Runner who hit opponent in head with baton claims it was accidental

This is the girl who hit another runner in the head with a baton in the middle of a race. She says it was accidental. I ran track in high school and we're taught proper form, and swinging a baton up near someone's head in an "attack" way is not part of the running form. Your arms literally go up and down, but it's not like they extend over into the other lane right into someone's head. You be the judge.