Possible Athletic Suspension

[PLG741]

My son recently turned 18 and his friends threw him a birthday party at our house, we were away at the time. My son is a varsity H.S. baseball player and a college baseball prospect. The High School where my son attends has an Athletic Code of Conduct that every player must sign prior to playing.

The week following the B-day party, some teachers overheard some students talking, at school, about this Birthday party and the fact that there was alcohol being consumed there.

School official conducted their own investigation and based on students signed statements, my son could get athletic suspension.

There were no police involved at the party or High School.

My wife and I asked the athletic director that we be present during our son’s interview.

Some of my son’s friends, that were interviewed, were saying that the athletic director was asking leading questions, like, “So ______was really drunk at the party?” I’m not sure of student rights, but this doesn’t seem like due process?

Past athletic suspensions were precipitated due to a call/visit from the local police for MIP, etc. This situation was merely teachers overhearing a conversation.

Please advise.

Thank you

[BOR]

My wife and I asked the athletic director that we be present during our son’s interview.

Some of my son’s friends, that were interviewed, were saying that the athletic director was asking leading questions, like, “So ______was really drunk at the party?” I’m not sure of student rights, but this doesn’t seem like due process?

Past athletic suspensions were precipitated due to a call/visit from the local police for MIP, etc. This situation was merely teachers overhearing a conversation.

Please advise.

Thank you

Supension from school may not the same as supension from participating in athletics or other related activities, school clubs, etc.

Suspension from school, however, IS protected by Due Process. In other words, a school simply can't say get out with no valid legal cause, see Goss:

http://www.law.cornell.edu/supct/htm...9_0565_ZS.html


The only case I know of on a federal level concening athlete suspension is Vernonia. This case involves the 4th AM and random drug urinalysis testing for athletes. No test, no play.


http://www.law.cornell.edu/supct/html/94-590.ZO.html


This case however is somewhat facially distant from "hearsay" suspension, as per your facts, it is simply to illustrate a school has the authority to suspend athletes for drug involvement or the refusal to assure the school, by testing, the student is clean.

I am more inclined to lean towards your state's individual constitution as a source for an answer. It may afford greater protection than the federal, especially where it is unclear.

Facially though, it seems proper, as some students have provided signed statements that alcohol was AT the party, whether your son was consuming it or not.


State decisional law may have "expanded" the Vernonia ruling since, in this case, NO search is involved, hence the 4th AM is not triggered??

Some decisions that come out of courts expand on others when the initial case relied on neither affirms or forbids it. This is not an uncommon legal practice.

Only an attorney licensed in your state can give a definite legal analysis, especially if the state constitution is involved. Some other federal law may be involved though, such as a District Court/Appeals court opinion that is not binding in other areas??

You, as a Parent, can always ask what specific case law, if any, the school is relying on to justify the athletic suspension, if it happens that is.

OR, are they simply relying on code of conduct agreements, which it seems here, are supported by witnesses who were present!

[4eyedbuzzard]

RE your "leading question" question - I would think that during an investigation asking leading questions is not only permitted but is the norm. And as it is an investigation and not a direct examination of a witness in a courtroom there would be no procedural foul.

[PLG741]

This may not have any bearing on the matter, but two years ago my older son was also "seen" drinking and was suspended from track. I ask about circumstances around suspensions in the last 24 months and my boys were the only athlete's that were suspended from hearsay, all other suspensions were from police contact with the school from, MIP's, etc......

[BOR]

This may not have any bearing on the matter, but two years ago my older son was also "seen" drinking and was suspended from track. I ask about circumstances around suspensions in the last 24 months and my boys were the only athlete's that were suspended from hearsay, all other suspensions were from police contact with the school from, MIP's, etc......

It would seem to be your family is being "selectively" outed. Could be some type of malice is involved, pay back??

It might be worth consulting an attorney. He or she can, at the very least, write a demand letter to the school board and ask why your boys are being targeted for hearsay where others are not?

If such selective treatment can be proven, IMO Due Procees has been violated. This, however, is for an attorney to decide!!

[PLG741]

The plot thickens.... In a unrelated incident (we thought), my wife requested information for my son's graduation requirements and the High School principal said she did not take care of those questions and referred her to someone else, the problem is my wife was told my this principal months ago that she, the principal, would handle all of my wife’s questions pertaining to graduation requirements. So my wife was confused...she called the person the principal asked her to contact and this person was also aware that the principal said she was taking care of the questions. Here’s the issue....my wife called me and doesn't know what to do, she sends me the email from the principle and I told her I would contact her. I talked reasonably to the principle , but she was very short and blunt, stating she didn't know what my wife was talking about, at that point I said that I would like to schedule a meeting with her boss, my wife and I, she instantly change her tone and became very professional. She told me I would have to make the appt. and she would attend the meeting, so I said thanked her and hung up.
My wife works for the same school district as the principal. I called my wife 10 minutes after I finished talking with the principal. Evidentially, the principal heard me say I read her email that she sent to my wife at work (my wife forward the email to me at my work) and she called my wife’s boss and said my wife was emailing and talking on the phone during her work hours.... My wife was devastated, my wife has always emailed from home or work to our kids teachers, it less evasive and the teachers and principal have been doing it for years, and we know this because we have electronic folders of correspondence from the school. Teachers agree this form of communication works great for them, and us! What changed so abruptly?

We’re tired of thinking it’s just a coincidence, please inform us what we might file a compliant about and what type of lawyer we should seek, enough is enough.

Is making school principals accountable for their actions like going up against city hall? At this point I’m willing to drain my accounts to make the person accountable for her actions.

I'm not sure what type of lawyer handles this type of problem?? My wife is an emotional wreck....please help!

[cyjeff]

First, being suspended from an extracurricular activity is not the same as being suspended from school.

If the coach had a code of conduct that your son agreed to and then did not live up to, he must face that responsibility. If the coach had suspended your son from the team for not working hard or for dressing out, you wouldn't have a problem.

However, because it was alcohol related, you believe it should be given a pass.

Second, if a principal had called my boss on me for corresponding with her during work hours, I would be talking to the superintendent of schools the next morning.

Principals that act younger than their students should be pointed out to the administration.

[PLG741]

The athletic suspension is a done deal, he was there, there were witnesses, my son accepted his punishment.

Should we just move on?

[cyjeff]

Yup.

I would, however, hold the principal's feet to the fire.