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YORKTOWN, N.Y. – Yorktown school officials have given their version of events in response to a 14-year-old high school girl's lawsuit challenging of her suspension for marijuana possession.
Yorktown Central School District administrators submitted their side of the story to the court Monday, a version that defended the three-month suspension. They said the student was not singled out or treated unfairly.
In her lawsuit, the freshman – referred to as “A.S.” – allegedly admitted having a marijuana cigarette on campus at a Dec. 21, 2012 “movie night.” On Jan. 9, she was subject to a disciplinary hearing to determine the severity of her punishment.
However, the student and her mother – referred to as “J.S.” in the lawsuit – waived their right to a hearing and signed an agreement that A.S. would be suspended for one year but return April 15 on a probationary basis. Rebecca Valk, an attorney for the district, disputes the claim that they were “coerced” into signing the agreement.
“At no time were J.G. or A.S. coerced into accepting the waiver,” Valk wrote in an affidavit. “Rather, they were advised of their options to accept the waiver or proceed with a hearing.”
The affidavit also maintains that the girl’s mother was properly informed about the disciplinary process and was not mislead into believing the suspension would last only five days, as the lawsuit contends.
The mother also argues her daughter was an honor roll student and that a three-month suspension was "unreasonable" for someone with no disciplinary history. Valk acknowledged that the student had a clean record and said that was why she offered the waiver and received a penalty on the “low end.”
“[Principal Joseph] Degenarro, [Assistant Principal Randall] Glading and I all maintained that it was within the range of penalties given by the Yorktown Central School District for this type of infraction, that the possession of a drug on school property is quite serious, and that the school authorities had considered A.S.’s lack of disciplinary history in determining the appropriate penalty,” Valk wrote.
The mother is seeking unspecified damages for emotional distress, medical counseling bills, punitive damages and attorneys fees. The lawsuit also requests that the school district expunge the student's records and allow her to return to Yorktown High School.
The district is requesting the case be dismissed.
Comments (11)
What's next........"DAILY" censorship?????? Oh wait.........it is done already by this publication of which I use often for kindling within the fireplace.......he he. CAN I GET A PULL!!!!!!
Hey, momofthreekids, I'm a dadofthreekids. Yes, I acknowledge that she was wrong to have brought a joint on school grounds, as I am sure she realizes that by now. You may have misunderstood the point I had tried to make. Is it important to me that she may have given "Jane Smith" that joint in my children's presence? No, not in the least. Would I have had a fit? No, not in the least. I haven't raised my children to hide or shield them from the realities of life. I wouldn't want to hinder their mental growth, as it is only my job to help shape it. I have raised them to be able to make their own decisions between right and wrong. Making mistakes, making wrong choices, are all part of growing up. Life's lessons are presented in many different forms. This situation is obviously wrong but also quite minor. The punishment in no way fits the offense.
While I can certainly understand the parents fighting the suspension, I am unclear whether or not this is purely a money grab, or if the parents followed a reasonable path of escalation. Personally, I wouldn't have wandered down the path of litigation unless there were no other reasonable options. If the parents met with the principal, escalated to the Asst. Superintendent and/or the Superintendent himself, then I can see how a suit against the town could be a reasonable next step.
I doubt that this was the course of action in this case though. This reeks of grandstanding and a power play to get a quiet settlement. What medical bills could possibly have been incurred in this event? This sounds like a frivolous lawsuit, and frankly, I'm tired of how litigious our society has become. Not to sound too much like a cranky old man, but, back in my day, people were actually responsible for their own actions, held accountable for poor choices and were generally considerate of others. Just a sign of the times I suppose...
Hopefully, this case will be thrown out - or at least the damages part of it will be stricken from the suit to give it back some credibility of an innocent parent fighting for their child.
Now, if you don't mind, would you get off my lawn :-)
She should be suspended. The girl is 14 years old and knew what she was doing with bringing weed to school. Her mother is suing for emotional distress and future this and that....are you kidding me? The girl is lucky that she wasn't kicked out of school period. There are drugs in many schools, kids that do them. This girl was #1 stupid for bringing it to school, and #2 even more stupid to agree with future emotional distress and future nonsense. @Livefree, the girl was on school grounds attending a school function. What part of that isn't important to you and perhaps your kids being around? If it was your daughter or son around another classmate doing this, you would have a fit! C'mon wake up people.....she got what she deserved.
Yes, they should sue for emotional distress. I'm distressed trying to understand how an administrator thinks that a years suspension is proper punishment. If this girl was caught by the YPD with one joint, off school property, it isn't even a criminal offense.
New York Consolidated Laws:
§221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars.
One year suspension for a joint, 2 years for cocaine, 3 years for heroin. That sounds about right, no?
I can understand trying to lessen the punishment on the child because first time offense and age, but suing for emotional distress and counseling that is part of parenthood. Help your child not be his or her friend. Why is she not upset that A.S.. had it in the first place. It is very important that schools maintain strict rules, because society is becoming less and less strict, and our kids need to know and learn responsibility. It is illegal. If they allow this lawsuit, it will send a message to our kids and the school will be helpless and loose their ability to follow rules.