Not Closing the Books on Drug Policy Fight

Stacy Ogg appears to have won the battle, but her school district will continue to wait for a court ruling to see whether it can win the bigger war over how far zero-tolerance policies can extend over student behavior.

Since a Superior Court judge has not ruled yet on whether Capistrano Unified School District can expel Ogg for drinking on a drill-team trip to Europe, and she is scheduled to graduate today from Capistrano Valley High School, even school officials conceded Monday that Ogg will receive her diploma, a beneficiary of the clock. But the school considers the issue anything but moot, and not only because another student, a junior, also is involved in the case.

“We regret that students are getting a mixed message,” Supt. James A. Fleming said, “that on the one hand this is not acceptable behavior, but if you can get the right lawyer, the right judge, the right time, then it is acceptable.”

Similarly, Newport-Mesa schools are pursuing a court appeal even though Ryan Huntsman, who was found with drug paraphernalia in his car as he drove home from a college counselor’s office, will graduate Thursday.

As case law over zero-tolerance issues develops, school officials are seeking clarification from the courts on when they can say a student falls under their authority if the student is not actually on campus.

“There’s some concern out there,” said Ronald Wenkart, the general counsel for the Orange County Department of Education. “I know some districts are watching both these cases.”

Ogg, 18, and Veronica Behunin, 17, were facing an expulsion hearing Thursday for drinking so much rum in their hotel room in Salzburg, Austria, that they got sick and needed help from chaperons. They were suspended for three weeks before a judge ordered them back to school pending another court hearing. The expulsion hearing has been indefinitely postponed.

Their case hinges on whether the spring break trip, sponsored by the boosters club, was a school-sponsored activity. If it is, school rules and regulations, including the zero-tolerance policy, can be enforced.

“If there is no ruling, there is no choice but to let [Ogg] graduate,” said Ronald Dempsey, the director of child welfare and attendance at Capistrano Unified. “She’s a student in good standing.”

Ogg, who will celebrate her graduation with a party for family and friends Saturday, said Monday that it is just beginning to sink in that she has escaped any more discipline.

“I’m really happy, but it still goes on for Veronica,” she said.

And for other students. After the Capistrano Unified board approved the strict policy against drugs and alcohol nine months ago, the percentage of students expelled after they are found committing such offenses has skyrocketed, said Julie Jennings, a spokeswoman for the district. During the 1996-97 school year, less than 10% of offending students were expelled, she said; this school year, more than half were expelled.

The issue of when a student falls under a school’s authority is one of the most hotly debated aspects of zero-tolerance policies. Many schools say students are subject to expulsion if they are found with drugs or alcohol at any school-related activity or on their way to or from a school-related activity. Or sometimes, as in the case of Huntsman, when the youngster’s actions have nothing to do with school.

“School districts believe their jurisdiction is basically limitless, but the law has to decide what the scope of zero tolerance is,” said Veronica Norris, a Tustin attorney and registered nurse who specializes in education law. “There’s a serious question to answer regarding the reach of these policies and the [state] education code.”

That’s why the Newport-Mesa school board has appealed a court ruling that Huntsman could finish his senior year at Corona del Mar High School. The Newport-Mesa Unified School District board ordered him to complete his senior year at another school, Newport Harbor, after school officials concluded that he violated the district’s zero-tolerance policy.

Huntsman’s car was stopped by Newport Beach police Feb. 18 because the teenager was playing loud music. In a subsequent search of the car, police found an empty plastic bag and a kind of pipe commonly used for drugs that Huntsman said belonged to a friend. He was immediately suspended and later transferred to another school. The action was later overturned by the court.

While acknowledging that the outcome of the appeal will not affect Huntsman, interim Supt. Robert Francy said the district wants some guidance.

“We need a clarification for the zero-tolerance policy,” he said.