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A court ruling that says the mere smell of marijuana on a student is enough to warrant a suspension is a victory for schools in the fight against drugs, Elida schools Superintendent Don Diglia said Friday.
The ruling issued this week by Allen County Common Pleas Judge Jeffrey Reed upheld a 10-day suspension against an Elida High School student who reportedly smelled like marijuana on March 17 during his first class.
The judge ruled the smell of marijuana was enough to uphold the school's policy against the use or possession of drugs, which allows school administrators to suspended a student violating the policy.
Donna Haley, whose 17-year-old son, Blaine Haley, was suspended, said she was disappointed and may file another appeal.
"I'm going to discuss that with my attorney," she said.
Diglia said he hopes the ruling sends a message to other students that drugs will not be tolerated. The policy is not to determine the amount a student may have used but rather to punish for signs of possible use, he said.
"That's a message we want to get out to our students so we don't end up in this position again," he said.
Blaine Haley's attorney, Bob Grzybowski, previously said that the suspension forced the student to go to summer school to move onto the next grade. His mother said he will be a senior this year.
Appealing a school system ruling of any type is rare, the other common pleas judge, Richard Warren said, earlier this week. Warren only recalls two appeals of school system rulings during his 18 years on the bench, he said.
Haley also was seeking to have all references to her son's case removed from school records, including administrative records. And she wanted the school system to pay for her attorney fees.
The Elida system starts each student off at the beginning of a new school year with a clean record. Blaine Haley would have no record of the suspension in his permanent record. Reed said that point alone was enough to make the court case moot.
Haley's case was the second public case involving drugs at Elida this year. Another student's mother publicly objected to an allegation that her daughter violated school policy on drug use. Lanette Shultz said her daughter was not allowed on an Elida High School band trip because her softball coach smelled marijuana on her clothing.
Shultz' daughter admitted she came in contact with people who smoked marijuana but had not smoked it herself. Her mother also had her tested and the result was negative.
Newshawk: SX420 - 420 Magazine
Source: Lima News
Author: Greg Sowinski
Copyright: 2006 LIMAOHIO.COM
Contact: gsowinski@limanews.com
Website: LimaOhio.com
The ruling issued this week by Allen County Common Pleas Judge Jeffrey Reed upheld a 10-day suspension against an Elida High School student who reportedly smelled like marijuana on March 17 during his first class.
The judge ruled the smell of marijuana was enough to uphold the school's policy against the use or possession of drugs, which allows school administrators to suspended a student violating the policy.
Donna Haley, whose 17-year-old son, Blaine Haley, was suspended, said she was disappointed and may file another appeal.
"I'm going to discuss that with my attorney," she said.
Diglia said he hopes the ruling sends a message to other students that drugs will not be tolerated. The policy is not to determine the amount a student may have used but rather to punish for signs of possible use, he said.
"That's a message we want to get out to our students so we don't end up in this position again," he said.
Blaine Haley's attorney, Bob Grzybowski, previously said that the suspension forced the student to go to summer school to move onto the next grade. His mother said he will be a senior this year.
Appealing a school system ruling of any type is rare, the other common pleas judge, Richard Warren said, earlier this week. Warren only recalls two appeals of school system rulings during his 18 years on the bench, he said.
Haley also was seeking to have all references to her son's case removed from school records, including administrative records. And she wanted the school system to pay for her attorney fees.
The Elida system starts each student off at the beginning of a new school year with a clean record. Blaine Haley would have no record of the suspension in his permanent record. Reed said that point alone was enough to make the court case moot.
Haley's case was the second public case involving drugs at Elida this year. Another student's mother publicly objected to an allegation that her daughter violated school policy on drug use. Lanette Shultz said her daughter was not allowed on an Elida High School band trip because her softball coach smelled marijuana on her clothing.
Shultz' daughter admitted she came in contact with people who smoked marijuana but had not smoked it herself. Her mother also had her tested and the result was negative.
Newshawk: SX420 - 420 Magazine
Source: Lima News
Author: Greg Sowinski
Copyright: 2006 LIMAOHIO.COM
Contact: gsowinski@limanews.com
Website: LimaOhio.com