Date: Fri 16-May-1997

Publication: Bee

Author: DOTTIE

Quick Words:

schools-substance-abuse-policy

Full Text:

School Board Broadens Scope Of Substance Abuse Policy

B Y D OROTHY E VANS

Issues of student safety led Board of Education members to vote 5-1 Tuesday

night to broaden the scope of its substance abuse disciplinary policy.

A 21-day exclusion from interscholastic sports will now be applied to student

athletes or cheerleaders who are under the influence, or who have been caught

using or selling illicit drugs or alcohol at any time, on or off school

grounds .

Acting on the advice of its attorney, Frederick Dorsey, the board stopped

short of including students engaged in co-curricular activities (such as math

team, honor society or student council) in that 21-day exclusionary ruling.

"The courts might rule it illegal and damages might be awarded," Mr Dorsey

told the board at its workshop meeting April 1, when he answered several of

their questions concerning the legality of disciplinary policy issues.

He said also that the precedent for curtailing a student's non-sport or

co-curricular activities after that student had been caught engaging in any

form of drug or alcohol abuse hadn't been tested yet.

"The only thing I can tell you that a judge will do, is what a judge has

already done," Mr Dorsey said of legal precedents in general.

Sports, however, had been tested in the courts and were found to have a

legitimate connection on health and safety issues to warrant inclusion in the

disciplinary policy, Mr Dorsey said.

The policy previously stated that disciplinary action would be taken against

any student who was caught "on school grounds, during a school session or

anywhere at a school-sponsored activity, trip or school-provided

transportation," using, under the influence or selling illicit drugs or

alcohol. The recently adopted policy also includes a "seven-days-a-week"

umbrella for students caught engaging in the above activities.

The critical issue, Mr Dorsey said, that allows the board to prohibit the

interscholastic activities of such students is the existence of what he called

a "nexus," or common ground, between home and school.

The sports arena, where an athlete might injure himself or where his or her

behavior might effect the safety of others, provides that nexus, he said.

Hence, the 21-day disciplinary action over interscholastics could legally be

taken, whether or not other school-related disciplinary action had occurred.

Interscholastic sports included by this ruling are football, basketball,

wrestling, baseball, softball, soccer, track, cross country, swimming field

hockey, volleyball, golf, tennis, lacrosse and cheerleading.

The board decided to include cheerleading even though it is non-competitive,

because it is a physical activity with health-related issues.

A first version of the board's substance abuse policy recommended by the

Substance Abuse Task Force at the end of March had extended the board's

disciplinary reach further.

It would have included all students who were participating in any

co-curricular activities, such as math team, honor society or other non-credit

programs, in the 21-day exclusionary penalty.

Despite advocating a zero tolerance policy with regard to alcohol and drug

use, the board ultimately followed the advice of Mr Dorsey in this matter and

voted not to take that route.

The single dissenting vote Tuesday night came from Board of Education Vice

Chairman Amy Dent, who has maintained all along that athletes should not be

held to a higher standard than students engaged in any other school-sponsored

activities.