New Jersey court dismisses student’s suit challenging district’s off-campus drug and alcohol use policy
A Camden Superior Court judge has told a Haddonfield Memorial High School student challenging Haddonfield Borough School District's policy on off-campus drug and alcohol use that she will have to continue her battle before the state commissioner of education. Judge Mary Eva Colalillo dismissed the unidentified student's request for a temporary injunction prohibiting the school district from enforcing its 24/7 policy because the courts did not have jurisdiction over school policy disputes. Colalillo said that all administrative options must be exhausted before the case lands in court. Attorney Matthew Wolf, who is representing the student, said he respectfully disagreed with Colalillo's decision, as he views the claim as a constitutional one. Wolf said it's up to his client to decide whether to appeal Colalillo's decision or allow the education commissioner to hear the case. The school district has agreed to postpone disciplining the girl until the matter is resolved, as long as Wolf's client agrees to pursue the matter through the education commissioner. "We feel that's the proper venue for this case," said Joe Betley, the attorney representing the school district. If she decides to appeal, the district may discipline her. The district will continue to enforce the policy for other students.
Under the school policy, students charged with drug and alcohol crimes must perform between 10 and 30 hours of community service and could be barred from participating in extracurricular activities. Consequences are more severe for repeat offenders, with mandatory drug and alcohol counseling encouraged for first offenders and required for subsequent offenses. Students in a position of leadership also suffer more severe consequences under the policy. Superintendent Alan Fegley said the policy is not meant to be punitive. "The policy is one part of an overall effort by the district to increase awareness of its students of the consequences of decisions that all young people face as they grow," Fegley said in an e-mail.
Both sides agreed that school boards have the right to regulate extracurricular activities, which are considered a privilege, and law enforcement officials are allowed to share information on student arrests with principals. Wolf says the policy also calls for the information to be shared with the athletic director or the sponsor of the extracurricular activity in which the student participates. He argues this violates the student's constitutional rights because juvenile criminal records are confidential. Betley said the information is not added to the student's record and the policy puts in place uniform guidelines that coaches can follow when disciplining students. "It eliminates the unfairness of different kids caught for the same offense in the same community from being disciplined differently because it's at the whim of different coaches," Betley said. The policy was adopted following a series of underage drinking incidents that shook the town and the death of a student from an apparent drug overdose.
Source: Courier Post, 1/27/10, By Lavinia DeCastro