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  1. #1

    Default Student Wrongfully Accused of Being Under the Influence at School

    My question involves education law in the State of: North Carolina.

    I have a 16yr old cousin that's been told he cannot return to school until he takes a drug test and is evaluated by monarch or a daymark center for substance abuse.

    Second day of school, after his weight lifting class, he started falling alot and couldn't walk due to leg pain and legs giving out on him. He fainted a couple of times at the school and my grandmother picked him up they took him to urgent care and he was diagnosed with a hamstring strain.

    That afternoon his principal came to the house with papers for his parents letting them know he needed to be tested for drugs and evaluated before returning to school because they think he's on drugs.

    This is a 16yr old boy that's spent his entire summer staying up all night playing video games and never eating like he should. Once school started back he also was put back on his adhd medication and started weight lifting without being physically active for almost 2 months.

    Does the school have the right to make these accusations with no proof and keep him from school like this?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Student Wrongfully Accused of Being Under the Influence at School

    Quote Quoting Robbin.edwards88
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    Does the school have the right to make these accusations with no proof and keep him from school like this?
    Yes.

    The physical manifestations are evidence that there is something wrong with your cousin.

    The school has a right to rule out booze and drugs and his parents should have enough common sense to get him tested and medically evaluated.

  3. #3

    Default Re: Student Wrongfully Accused of Being Under the Influence at School

    Quote Quoting adjusterjack
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    Yes.

    The physical manifestations are evidence that there is something wrong with your cousin.

    The school has a right to rule out booze and drugs and his parents should have enough common sense to get him tested and medically evaluated.
    So if I get sick after gym class because I didn't eat breakfast, I should be drug tested and not allowed at school until being assessed for substance abuse?

    And he was medically evaluated after leaving school, and it was before the school decided to take these actions.

  4. #4
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    Default Re: Student Wrongfully Accused of Being Under the Influence at School

    If this happened to you:
    he started falling alot and couldn't walk due to leg pain and legs giving out on him. He fainted a couple of times
    then, yes, you should be drug tested and not allowed back in school until being assessed for substance abuse.
    Quote Quoting Robbin.edwards88
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    And he was medically evaluated after leaving school, and it was before the school decided to take these actions.
    So?

    What happened after that? Do you actually know? Or are you operating with only second hand information and have no idea what's really going on?

    That's rhetorical. No need to answer.

    Bottom line, the school did nothing wrong or illegal.

  5. #5
    Join Date
    Jan 2016
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    Default Re: Student Wrongfully Accused of Being Under the Influence at School

    Quote Quoting Robbin.edwards88
    View Post
    My question involves education law in the State of: North Carolina.

    I have a 16yr old cousin that's been told he cannot return to school until he takes a drug test and is evaluated by monarch or a daymark center for substance abuse.

    Second day of school, after his weight lifting class, he started falling alot and couldn't walk due to leg pain and legs giving out on him. He fainted a couple of times at the school and my grandmother picked him up they took him to urgent care and he was diagnosed with a hamstring strain.

    That afternoon his principal came to the house with papers for his parents letting them know he needed to be tested for drugs and evaluated before returning to school because they think he's on drugs.

    This is a 16yr old boy that's spent his entire summer staying up all night playing video games and never eating like he should. Once school started back he also was put back on his adhd medication and started weight lifting without being physically active for almost 2 months.

    Does the school have the right to make these accusations with no proof and keep him from school like this?
    Muscle strain does NOT cause one to faint and rarely would it cause falling over.

    ADHD medicine doesn't cause drowsiness; in fact, it's a stimulant.

    IOW, you have zero notion of what's really going on, and the school has done nothing wrong.

  6. #6
    Join Date
    Jul 2018
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    638

    Default Re: Student Wrongfully Accused of Being Under the Influence at School

    Quote Quoting Robbin.edwards88
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    This is a 16yr old boy that's spent his entire summer staying up all night playing video games and never eating like he should. Once school started back he also was put back on his adhd medication and started weight lifting without being physically active for almost 2 months.
    And I'm sure the school knew all this, right?

    Quote Quoting Robbin.edwards88
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    Does the school have the right to make these accusations with no proof and keep him from school like this?
    First of all, "proof" is nothing but a quantum of evidence that is sufficient to persuade someone that something is or isn't true. In this case, there is unquestionably evidence of possible drug use. Is it conclusive evidence? Of course not, and if what you've told us is true, the drug testing will rule it out. The implication that a school needs to have absolute "proof" is absurd.

    Quote Quoting adjusterjack
    View Post
    his parents should have enough common sense to get him tested and medically evaluated.
    I don't disagree. However, if, as the OP stated, the OP's cousin "spent his entire summer staying up all night playing video games and never eating like he should," then the cousin's parents are pretty crappy parents, so....

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