Judge Rules Marijuana Smell on Student is Enough for Suspension

XLE420

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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
 
This is bullshit. I know advocating the use of substances to a person under the age 18 is wrong, but I know most of us did it.

This is one of the reasons I left school. I couldn't stand the rules/policys. First it was regular HS. I got tired and left and went onto indepedent study. That was great for awhile, pulling mainly As. Then they basicly changed my indepedent study at the end, which would have made me come in quite often (30-40 miles a day drive). So one day I turned in my books and never went back.

I know when I was in regular HS, we had 'drug dogs'. We would have to leave the classroom and let the dogs 'smell around', but we couldn't watch. If the classroom had windows, the blinds were shut. I know why. They wern't drug dogs, just simple police K9s. They looked for the nervous people and then mysteriously 'the dogs were interested in that persons bag'. How do I know? I've had a sacks of chronic on me when the dog went through. I stayed 100% calm and they never got me. Also had an eighth in my car one time and the dogs walked right past it. They did 'alert' to one car. You know why? They had pills in plain view. :laughtwo: I think they also shuffle through peoples things if they get a chance. I've seen backpacks and purses moved after the dogs came through. Im sure they would go through your car if you didn't have it locked. :hmmmm:
 
Next thing we'll hear is that if a persons appearance suggests possible use, their civil rights will be trampled into extinction as well.
 
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