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PostPosted: Sun Jan 09, 2005 12:03 am
by clide
What is wrong with some people? :evil: ... /gun08.htm

Edit: says you need to be registered, but didn't the first time I found it so.

District sued over suspension

By Alice Kenny
Times Herald-Record

A Circleville family has filed a federal lawsuit challenging the authority of a school district to discipline students for incidents occurring off school grounds.
Back in June, a Valley Central High School student froze an egg, stuffed it into a high-powered "potato launcher," then shot it at a passing school bus, shattering the bus window and spraying glass into a child's eyes, neck and shoulder. This week, the egg shooter's father sued the school district for punishing his son.
According to the lawsuit filed Wednesday in U.S. District Court by parent Steve Valastro, the Valley Central school district and its superintendent, Richard Hooley, violated his 17-year-old son's civil rights by suspending him from school for five months, from September 2004 until the end of this month. Valastro is seeking unspecified damages plus attorney fees and court costs.
This marks the fifth case that attorney Michael H. Sussman of Goshen has filed in the past year against local school districts for disciplining students. He won the first four cases, he said, and expects to win this one as well.
Valley Central's disciplinary code addresses only student acts performed on school grounds, Sussman said. Since the teen stood on his own property when he shot the spud gun, the school district had no right to discipline him, he said.
"School districts do not have responsibility outside their own parameters to regulate children's conduct," Sussman said. Because of the suspension, he added, the teen, a champion wrestler in his senior year of high school, could lose out on college scholarships because he was not allowed to compete in matches.
"It's possible the family could make money because their rights were violated," the attorney said. "That's how the system works."
Hooley declined to comment. But parents of children who were on the attacked bus had plenty to say.
"The nerve to do something like that!" shouted Jay Buchalski, a state police trooper whose daughter sat two seats back from the shattered windows. "Parents should get together and sue the kid's parents."
Terry Marotta, whose 16-year-old daughter was covered with shattered glass, agreed. The frozen egg went in one window and out another on the other side of the bus, she said.
"If it had hit someone directly, the person could have been blinded, handicapped or killed," Marotta said. "If I were the parent, I wouldn't brush it under the rug as if it were some kind of high school prank."
Valastro refused to comment for this story. Speaking on his behalf, Sussman said the criminal justice system has already disciplined the teen, whose name is not being used because of his age and the low level of the charge. He pleaded guilty to a misdemeanor and will likely be sentenced next month to three years' probation and 50 hours of community service.
"Due process requires notice of what behaviors can be punished," Sussman said. "Without that notice, you can't exercise that authority."
Court judges have sided with Sussman in similar cases. In May, Orange County Judge Stewart Rosenwasser ruled that Newburgh Free Academy could not continue suspending Elzie Coleman, an 18-year-old student and Olympic-caliber sprinter who had been involved in a series of fistfights outside school. In September, Stephen Robinson, a federal judge in White Plains, ruled that Yonkers high school students who had been suspended for protesting budget cuts should be allowed to return to their classes.
The following month, another federal court judge, Colleen McMahon, ordered the Warwick School District to reinstate Brook Banker, a suspended high school volleyball star. The district failed to allow Banker to dispute the charges of having alcohol at school before punishing her, the judge ruled. And last month, the court ruled that a 16-year-old boy from Minisink should be returned to school because the girls he's accused of sexually abusing had gone unpunished in connection with the boy's countercharge that their behavior was consensual, violating the boy's right of equal protection under the law.
"Everything is going haywire," Buchalski said. "It is a strange world anymore."

PostPosted: Sun Jan 09, 2005 12:20 am
by SpudFragger
Man I hate people like that, they do stupid stuff and then try to hide behind the law. I mean yeah his rights were violated and all but look what he did.

PostPosted: Sun Jan 09, 2005 12:29 am
by David
Smart...definately a real world assclown.

PostPosted: Sun Jan 09, 2005 2:00 am
by Rex_R
tho I don't like it...they do have a point.(my view, I'm not a lawyer) the school has a right to claim damages(provided they own the bus). had he been on the bus they would have grounds for action. wanna bet that there is a civil suit filed shortly?

PostPosted: Sun Jan 09, 2005 2:54 am
by Freefall
Granted, what he did was beyond stupid. But that being said, the school has no right to suspend him for something he did off of school grounds. I'm sure there are other charges that could be filed (endangerment and willful distruction of property come to mind), but suspension is not one of them.

PostPosted: Sun Jan 09, 2005 8:37 am
by ishallstabyouwithabluntsp
i agree that ,while what he did was bloody stupid and irrespponsible, the school has no right to suspend him. he deserves to be sued and charged for what he did under anything that the law has against him thats the courts responsibility not the schools

PostPosted: Sun Jan 09, 2005 8:47 am
by Mr.Plow
When I was in high school, the handbook made clear that a student represents his school wherever he goes and in whatever he does. If the student is caught drinking by cops on a saturday night, for example, if the school finds out he'll probably get expelled. I always considered that approach to be over the top and too authoritarian. If the action of the student is not affiliated with the school in any way, the school should butt out!!!

Of course, if the student shot (for example) his neighbors car, the school shouldn't have a say in it. However, HE SHOT A SCHOOL BUS. By damaging school property in such a flagrant manner, the school should be able to punish him. That only makes sense.

Regardless of whether you agree with me or not in the last paragraph, I don't believe the lawsuit has standing. The suit claims that the school "violated his 17-year-old son's civil rights" by suspending him. Exactly what civil right was violated? I'm no lawyer, but I just don't see how this is applicable.

Oh, and that kid ought to be beaten with a section of hose for being so incredibly stupid with a spudgun. He's lucky to not be in jail right now (where he should be!)

PostPosted: Sun Jan 09, 2005 11:50 am
by Rok
Thats how it is at my school, you represent the school wherever you go, even off the grounds. If you drink, do drugs etc and the school finds out about it, you can know you'll get in trouble with the school.

PostPosted: Sun Jan 09, 2005 12:12 pm
by luckythirteen13
what a moron. i can kind of see how the school would punish him just cause he ruined their bus and injured their students. now if he did the same to some random car that was in no way related to the school, i would say the school cant do anything

PostPosted: Sun Jan 09, 2005 12:39 pm
by The_Rat
Well..............A frozen egg? The school cannot sue since he was off school grounds, but they can sue for damage to a school bus. The other kids parents can sue for assault with a deadly weapon and get the kid in Juvie for a bit. Like at my school, we had 20 fights in one week. Principal was going nuts, Before you got detention, then they changed it so you got 3 days suspenion, then 10 days, now you get to go to Juvie for a while.

On a little off topic subject, I was offered about 125 dollars for doing a little job for a buddy of mine. He goes too a different high school, and is one the football team, another one of my friends is on my schools football team. What my buddy at the other school wants is a copy of my schools football teams playbook. I know if I do, I will probally be killed. But then again its 125 dollars. Should I do it?