But Sheepskin’s on Hold : Day in Court Restores His Graduation Day

A class-tardy slip led Kip Ashton from the halls of learning to the halls of justice Wednesday, and he emerged gladder but wiser.

Ashton, 18, sat in Superior Court with his mother while 420 classmates at Villa Park High School practiced on the football field for a graduation ceremony that the school said he could not join.

Ashton’s attorney argued that a tardy slip should not prevent the class treasurer and track team sprinter from donning a cap and gown.

“This is ludicrous,” attorney Christopher B. Mears said.

But the school’s attorney said Ashton had 12 unexcused absences in American government during the spring semester, so he failed the class, passage of which is a requirement for graduating, according to district policy.

Orange County Superior Court Commissioner Eleanor Palk ordered that Ashton be allowed to take part in graduation this afternoon--but that he not receive a diploma. She postponed a hearing until July 6 to determine whether the senior could take his government class final and receive a grade.

If the judge decides against letting Ashton take the final, he can make up the government class during summer school. Just in case, Ashton, who is already enrolled for fall classes at Fullerton College, plans to start the self-paced summer course on June 29, after returning from a senior class trip to Mazatlan.

As it turns out, the same teacher who finally barred Ashton from the class this month, after all those absenses, will teach it for the summer session.

“I have nothing against him,” Ashton said. “I respect him for his principles.”

As Ashton and his mother, Linda, embraced in court Wednesday, Palk smiled.

“Enjoy the ceremony,” she said.

“The teacher was following what he thought was district policy,” Roger Duthoy, an assistant superintendent, said after the hearing. “According to policy, the teacher can give him an ‘F.’ In our point of view, this was a challenge to policy. We felt we were on solid ground.”

Events leading to Wednesday’s courtroom showdown started early last month. After 10 or 12 unexcused absences, Ashton signed a contract with the school to the effect that he would fail any class he missed from that point on.

On June 2, he was 17 minutes late for the government class because, Ashton related, of an argument with his sophomore girlfriend. The next day, the teacher would not let Ashton back into the class after the school decided that the senior’s tardiness was tantamount to being absent.

Meetings and phone calls followed, but the school would not budge. Ashton had broken the contract, so he failed a class required for graduation, the school argued.

“I felt that after 13 years I deserved to see him graduate,” Linda Ashton said. “We offered to hire a private tutor, send him to summer school, but the school said no.” Frustrated, she hired a lawyer.

“I’m the happiest person in the world now,” Ashton said after the hearing.

“And I’m going to graduation,” said Linda Ashton with a big smile. “I feel fantastic.”