Suspended Senior Returns to School on Judge’s Order

A Corona del Mar High School senior will be allowed to return to school today after an Orange County Superior Court judge on Tuesday halted a district’s order barring him for allegedly violating a “zero tolerance” drug policy.

Ryan Huntsman, an 18-year-old who plans to attend college in the fall, is challenging a forced transfer to Newport Harbor High School that came after a police officer suspected that he was smoking marijuana when he was pulled over last month for playing his car radio too loud.

“I’m happy with this decision and I’m happy I’m going to be attending Corona del Mar High School again,” a smiling Huntsman said outside court Tuesday.

Judge Robert E. Thomas has scheduled a March 17 hearing on the validity of the suspension and subsequent transfer. Another issue is whether the school district has jurisdiction in the case since Huntsman was not at school or going to or from campus when he was stopped.

“This is only the beginning, but hopefully it will end well,” said Huntsman’s mother, Kathleen. “Ryan has been a good boy for 18 years and it would be a shame to see him not graduate with his class.”

Huntsman, who said he has a 3.0 grade-point average and scored high on his college entrance exams, said he will work hard to make up the work he’s missed since he was suspended Feb. 20. He is also a member of the yearbook staff and had played on the golf team for three years.

A Newport Beach police officer found an empty zip-lock bag and a pipe inside Huntsman’s car during the Feb. 19 traffic stop. He did not cite the teenager on drug charges but ticketed him for noise pollution. The officer then turned the report, which contained his suspicions about possible drug use, over to school officials.

Huntsman said that at the time of the stop he was on his way home from an appointment with a college counselor and denies that he was using the drug. He also said the pipe belonged to a friend. His attorney, David Shores, said that a drug test administered the next day came back negative.

Shores said his client has been treated “horribly” by the district. Not being able to finish the last 90 days of his senior year with his classmates would be devastating to Huntsman, Shores said.

John E. Hayashida, an attorney for the Newport Mesa Unified School District, argued that the case does not belong in court at all because the student had not exhausted the district’s appeals process. He also argued in favor of the transfer, saying “there is no law that says the district has to provide him with the school of his choice” since “he’s going to be receiving the same education.”

Hayashida also said that by ruling against the school district, the judge would be weakening the district’s authority and its abilities to enforce its policies.

“I’m disappointed in the decision,” the school attorney said after the hearing.

Greg Hernandez can be reached at (714) 564-1037 or at greg.hernandez@latimes.com