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Judge Rules Against Girl on School Expulsion Hearing

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An Orange County Superior Court judge has ruled that a Capistrano Valley High School girl can be subject to an expulsion hearing for violating the school’s “zero-tolerance” policy against drugs and alcohol while on a school trip to Europe last spring.

Two girls were suspended for three weeks for getting drunk in Austria. But they were ordered back to school after they hired a lawyer and went to court. One of the students graduated from the high school last month. The other, who is entering her senior year, may face additional punishment.

The lawyer, David Shores of Irvine, said she not should be eligible for further punishment because the state education code allows a school district only 30 school days to hold an expulsion hearing after a violation is alleged.

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“In my opinion, the school district failed to hold an expulsion hearing and lost their ability to do so,” said Shores, who represents Stacy Ogg, who graduated, and Veronica Behunin, who is still a student at the school.

The court ruling, issued July 9 by Judge Robert E. Thomas, denies Shores’ request to end expulsion proceedings.

Officials at the Capistrano Unified School District said they expect to decide in the coming days whether to hold an expulsion hearing for Behunin.

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