Judge Upholds Newport-Mesa Alcohol Policy

A 17-year-old who is the first to challenge the Newport-Mesa Unified School District’s zero-tolerance policy on alcohol lost her first battle in court Thursday.

Superior Court Judge Ronald C. Kline ruled that the policy, which requires that students caught under the influence of drugs or alcohol at any school function be transferred to another school for 90 school days, does not cause the students irreparable harm because it allows them to continue in school.

“No one argues that [Jennifer McCartin’s] education is suffering materially because of the transfer at issue,” Kline said in his ruling.

McCartin had asked that the court allow her to return to Estancia High School in Costa Mesa immediately, pending a formal hearing on Oct. 1 on her request for a preliminary injunction.

McCartin, who has gone to Estancia for three years, was transferred to Newport Harbor High School this fall after she admitted drinking beer before a school dance in June.

Attorney David G. Epstein said his client hoped she could finish her entire last year at Estancia, where she is a member of the volleyball and basketball teams. Because her transfer is considered a disciplinary action, it bars her from sports for 90 days and reduces her chances of getting an athletic scholarship to college, he said.

The McCartins would not comment on the ruling Thursday.

McCartin, daughter of Municipal Judge Michael McCartin, admitted to having a couple of beers at a private party before a Hawaiian-themed school dance. A photographer reported to school officials that she was weaving and bumping into people.

McCartin was suspended for three days in June, in accordance with district policy, and was later informed she would be transferred temporarily to another high school. The family contested the action and was told by school officials, the district superintendent and the Board of Trustees that no exception would be made.

Several similar cases occurred recently at Estancia. Eight members of the girls’ soccer team were suspended this week after it was discovered they drank alcohol on a school-sponsored trip to Santa Barbara. At least five of those students already have been transferred to other schools, and the other three will transfer in coming weeks, Athletic Director Tim Parsel said.

In spite of the court challenge, the district is not likely to change its policy on alcohol use, Supt. Mac Bernd said on Thursday.

“All we know is: The policy is very effective for us,” Bernd said. “We have had an outpouring of community support for our strong stand on the fact that alcohol and schools don’t mix.”

Newport-Mesa’s policy is unique in Orange County. Most school districts either suspend students for a period of time or expel them immediately when they are found intoxicated on campus or at school events.