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Elida Student Appealing Suspension From Drug Allegation
Greg Sowinski | Lima News | 07/27/2006

LIMA — The mother of an Elida High School student suspended for allegedly smelling like marijuana was in court Wednesday battling to clear her son’s name.

Donna Haley appealed a 10-day suspension against her son, Blaine Haley, to Allen County Common Pleas Court. The school system had refused to overturn the suspension for the use or possession of drugs.

The hearing centered on an allegation that Blaine Haley used or possessed marijuana on March 17. A school employee said he smelled marijuana on Haley that morning and sent him to the office. Officials sent him home and issued a 10-day suspension.

Haley’s attorney, Bob Grzybowski, argued there is no proof Blaine Haley ever had or used marijuana. No marijuana was found with him, in his locker or car, Grzybowski said.

Still, Blaine Haley was suspended. His mother confronted him when he arrived home that day and he maintained his innocence. The mother also did not notice a marijuana smell on him, Grzybowski said.

She filed an appeal with the school system but school officials upheld the suspension, which would not allow him to receive credit for assignments or exams during that time frame. Grzybowski said Blaine Haley had to go to summer school to complete work to move to the next grade. If he had not been suspended and allowed to complete assignments, he would not have had to go to summer school, Grzybowski said.

Donna Haley wants all records with the school system alleging her son’s use or possession of drugs to be removed and she wants the ruling that he violated school rules to be wiped clean. She also wants the school system to pay her attorney fees.

Grzybowski said school officials have no proof that Blaine Haley used or possessed marijuana other than the alleged “smelly shirt.”

“This is all based on the allegation of a smell. The mother was advised, ‘Hey, your son smells like marijuana. We’re suspending him for 10 days,’” Grzybowski said.

School officials said Haley, as per policy for all students, will start the new school year with a clean record. But Grzybowski wants all rulings from school officials pertaining to Blaine Haley’s suspension tossed instead of remaining part of administrative records.

Elida schools attorney, James Stucko Jr., of Columbus, said the school district acted appropriately and did not violate procedures. He asked the judge to deny Grzybowski’s request.

Judge Jeffrey Reed said he would issue a ruling soon.

Appealing a ruling by a school board is rare. Common Pleas Judge Richard Warren, who has no involvement in the case, said he remembers two such cases before him in 18 years on the bench.

Before Warren was a judge he served as an assistant county prosecutor representing all the county school systems and the Lima City Schools. He said cases were somewhat more frequent in the 1980s but of those the topic often was the use of corporal punishment.

Last school year, another student’s mother publicly objected to an allegation her daughter violated school policy on drug use. Lanette Shultz said her daughter was not allowed to go on an Elida High School band trip because of the alleged violation. Her daughter was a sophomore flag twirler.

Shultz said her daughter was at the mall with several other people and two of them stayed in the car and smoked marijuana when her daughter was inside the mall. The friends dropped the daughter off at softball practice where the coach smelled the marijuana on her clothing and said she acted in a strange manner.

Shultz had her daughter tested for drugs and that test came back negative.

At the time, Superintendent Don Diglia said he couldn’t speak specifically about a student’s case but said the district’s policy says a student shall not “show evidence of use” of alcohol or drugs. That evidence includes odor, reddened eyes or similar characteristics.

 

carlover_36

WOW!I'm just appaled that a student can be treated with such dis-respect and prejudice because a teacher simply made a statement.I use prejudice in the sence that this student has been prosecuted just by a person's attitude.I would think to be suspended for drug use a UA would have to be done,or more evidence than just smelling.

dedbr

a war here. This is sad but true. The school systems have turned into a strange place where ignorance and fear control the idjits who are in charge of our children.

It's amazing that we can get out of them what we do, it really is......


Some Where In Ded Land.........

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Sec

So...
-The entire swim team must be suspended for having reddened eyes.
-The sports team that played the night before and are now tired should be suspended for acting lethargic in school the next day.
-Don't all teenagers act in a strange manner? They are TEENAGERS for heaven's sake. That is what they do best.

Boy, would this school district ever be in trouble if they ever came out with a air freshener that smelled like pot. Some kid would spray it in the library and the entire school would have to be shut down.

Apparently the opinion of a teacher or administrator carries more weight than actual lab tests.

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