Student suing over antibiotic related expulsion
Parent sues Boyle over expulsion of student
The Boyle School District Board of Education is being sued for expelling a freshman student. The Board expelled him for posession of a prescription strength antibiotic.
The boy’s father claims the student was expelled without a fair hearing because only Assistant Principal Steve Evans testified before the board, and his testimony was based only on what other students had told him.
Bill Erwin, the student’s attorney, said no evidence was presented, and no other witnesses were called. The student denies ever being in possession of the antibiotic that is used to treat urinary tract infections.
That sounds incredibly wrong, doesn’t it? Only a single assistant principal was called and he offered only hearsay evidence. No witnesses, nobody speaking on behalf of the student. The student himself was never allowed to speak in his own defense. The School Board doesn’t see a problem with this method.
The attorney representing the school board in this case, Robert Chenoweth, said Kentucky law doesn’t specify that any witnesses or evidence be presented at an expulsion hearing; just that a hearing be held before the board.
No witnesses or evidence are required to expel a student in Kentucky? Just what is the board “hearing” during one of these hearings?
Contact Information:
Preston Miles, Chairperson
Stephen Tamme, Vice Chairperson
Sharon Johnson, Boardmember
Ruth Ann Elliott, Boardmember
Alane Mills, Boardmember
If this site serves no other purpose than to help people communicate with school boards and administrators for the purpose of demanding explanations for their seemingly wrong decisions, and making the school districts in the country aware that people, ordinary taxpayers now have a way to monitor their performance, it is making a valuable contribution.
I’ve sent notes to several administrators who made what appears to be stupid decisions, and those who wanted to set the record straight have replied to post at this site…
Vigilance keeps the sly and persistant bands of incompetence at bay.
Does this district receive federal funds? There has to be some sort of accountability somewhere. The kid is being denied an education. According to this school district, anyone can make any kind of accusation against a student and the student can’t defend himself because there is no policy in place that would help him defend himself. — because the law doesn’t require it.
I hope this story makes all the Kentucky newspapers so parents and students can be made aware of how the deck is stacked against them.
There is one county in Kentucky that has a very hard time attracting and keeping its students. Seems that students would rather go to Christian schools or homeschool. I would imagine many more students in many more counties just might read this story and decide that they’d rather get an education somewhere else.
The people running this district and the school attorney are despicable.
Hey the KY law doesn’t require a “Fair Hearing” just a “Hearing.”
Remember, we are a nation-of-laws, we have courts-of-law (they have Judges not Justices, only appellate courts have Justices). What we all expect from the system is the law to be fairly applied in a just manner (okay, we�re all idealistic dreamers). Let’s hope it happens but remember, one consequence of our current legal system is the ZT system - it’s formula driven because they’ve been sued when someone alleges that previous discretion by the school or school board was really discrimination because now their child (in some cases it was true and THAT’s what courts are for) is treated more harshly). That opens the door for all kinds of frivolous suits - just the threat of a suit and the cost can make people back down. ZT brings out the “my hands are tied” response and limits personal liability.
Before ZT can completely be driven from the system, then there needs to be protection against not only from frivolous suits but unsuccessful ones. Many laws passed say if a suit is successful then attorney fees are awarded to the student’s side … none of these laws award fees to the school if the student loses. It’s stacked deck. The schools always pay their side win or lose and maybe the other�s side also.
But I do think KY’s system is really nothing more than an accuse-and-you’re-convicted system. I hope the Judge will be a Justice.
One very disturbing trend I see (not in this particular event) in these cases is the expansion of the school’s jurisdiction. I think there needs to be clearly enacted legislation that says EXACTLY the limits of when the school has control or someday some attorney will sue a school for failure to provide proper supervision at something where the school in a previous incident said ZT applied because it was a “School” activity. Ergo: if it was school then it’s school now.
Dave
Even the Spanish Inquisition required the word of at least TWO witnesses.