cannabisnews.com: Manteca Student Reinstated in Pot Case 





Manteca Student Reinstated in Pot Case 
Posted by FoM on September 17, 1999 at 09:02:42 PT
By Ken Carlson
Source: Modesto Bee
MANTECA Travis McPherson, the student punished for allegedly smoking marijuana in May, returned to Sierra High School and rejoined the football team Thursday. 
"I want to get straight A's and I want to show them I'm a good kid," the high school senior said. McPherson's parents sued the Manteca Unified School District after he was suspended and received an involuntary transfer to Manteca High School for the alleged drug violation.  In a terse ruling released Thursday, San Joaquin County Superior Court Judge K. Peter Saiers said the Manteca Unified School District's punishment of McPherson was illegal.  Saiers ordered school officials to reinstate McPherson at Sierra High, to allow him to play sports and to erase the disciplinary action from his record.  "I was always optimistic that someone would finally see that our rights were violated," said Greg McPherson, Travis' father. "The judge saw that the school board violated our rights and has to follow the same laws we do."  The school board plans to meet next week to review the decision, including appeal options.  "I was surprised by the decision," district Superintendent Marv Tatum said. "But you never know when something goes to court. ... I think our drug-enforcement policy and procedure is a good one."  On May 25, a campus monitor stopped McPherson and two other students as they returned to campus in a car from lunch break.  Saying he smelled marijuana in the car, the monitor took the boys to the dean's office, where they were questioned in separate rooms. McPherson said school officials threatened to call police if he didn't admit smoking pot.  McPherson, his parents and a school official signed a "record of suspension" form in which the student admitted smoking pot and agreed to a five-day suspension and a 45-day suspension from playing sports.  A month later, a disciplinary review board added an involuntary transfer to Manteca High, prompting the McPhersons to file a lawsuit.  In a four-paragraph ruling, Saiers cited the May 25 suspension report as the basis for his decision, but did not elaborate. Saiers ruled that McPherson served his suspension during summer school and can play sports immediately.  Thomas Driscoll, the McPhersons' attorney, believes the judge thought the disciplinary transfer, which barred the student from playing sports his entire senior year, violated terms of the May 25 agreement the parties signed.  "I wouldn't pretend to read the judge's mind, but I suspect he determined that a deal is a deal," Driscoll said.  "The (Sierra High dean) said if the kids confessed, they would get a five-day suspension and 45-day social suspension. We never contested the suspension; we contested the transfer," Driscoll said.  School officials have not decided whether to reinstate the other boys, Adam Zeiher and David Perry, who signed the same admissions and were transferred to East Union and Manteca high schools, respectively.  "I was pleased with the ruling," said Rebecca Zeiher, Adam's mother. "I felt pretty sure about it. It just confirmed what we have been saying all along."  Tatum said it's uncertain this week's decision will force the district to amend the drug policy.   By KEN CARLSON BEE STAFF WRITER Published: Friday, September 17, 1999Copyright © The Modesto Bee. School Pot Use Case Aired in Court - 9/14/99 http://www.cannabisnews.com/news/thread2881.shtml
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Comment #1 posted by FoM on September 17, 1999 at 20:49:54 PT:
Related Article
Judge Throws Out School's Punishment Against High School Athlete CHRISTINE HANLEY, Associated Press WriterFriday, September 17, 1999 MANTECA, Calif. A high school's effort to crack down on marijuana use backfired when it came to disciplining a football player who admitted to smoking pot during lunch. Travis McPherson, a defensive tackle and punter, sued to stay on the team and remain at Sierra High School after a school district panel ordered him transferred to another school for his senior year, a move that would bar him from playing. And in a rare legal setback for school officials under pressure to impose zero-tolerance drug policies, a judge agreed on Thursday, ordering McPherson reinstated at Sierra High and returned to Timberwolves' football squad. He also ordered school officials to erase the disciplinary action from his record. ``It had nothing to do with the underlying offense. It had to do with the way the school handled the punishment,'' San Joaquin County Superior Court Judge K. Peter Saiers told The Associated Press. ``I don't know what people are going to think. I don't care what people think. I would do the same thing again,'' the judge said when asked whether he was worried about his ruling sending the wrong message to teens and schools. The judge said the Manteca Unified School District's transfer was illegal because the disciplinary review panel had imposed a punishment more draconian than what the school's dean had promised McPherson would face if he confessed. During questioning by the dean, McPherson signed a statement admitting he did in fact smoke marijuana, and agreed to a five-day academic suspension and 45-day suspension from the football team. That punishment was overruled a month later by the panel, which ordered McPherson transferred to Manteca High School. ``I just know I'm back here and that's all I really wanted,'' McPherson said Thursday during a water break as he ran laps around the track. ``Everybody's been real supportive. They want me to come back and play.'' Merely admitting to smoking pot is enough to disqualify an athlete from competing under California's interscholastic sports rules. But by deciding that the district reneged on its May 25 suspension agreement with McPherson, Saiers never had to address the school's authority to impose discipline in drug cases, or deal with the underlying pot-smoking allegation. In any case, McPherson says he didn't smoke pot, and that he only signed the statement after being threatened with police action by then-Dean Maggie Freeman. ``I told her I didn't do it. She just didn't believe me,'' he said. I've never been in trouble before. I didn't know what to do. I just said I did it. It just seemed the easiest way to go. I made up a big ol' story.'' Pete Carton, senior counsel with the Schools Legal Service, which represents 120 school boards in central and Southern California, sympathized Friday with the school district, which like many, is under increasing pressure to crack down on drug use. ``What has happened now with the proliferation of guns, drugs, weapons, you wind up with more cases where somehow the juvenile system can't or won't lock these kids up when they do these stunts,'' Carton said. ``The Legislature has said, 'we've got to tell these school systems they've got to stop balking at throwing these kids out.''' The police and McPherson's parents were notified of the pot-smoking admission, but Thomas Driscoll, the family's attorney, said as far as he knew police never pursued the matter. Calls to the Manteca Unified School District and its attorney were not returned Thursday and Friday. But to The Modesto Bee, Superintendent Marv Tatum said he stands by the district's drug policy. Next week, the school board will review the judge's decision and consider an appeal. Meanwhile, a decision has not been made whether to reinstate the other boys who signed the same admission statements. But their families may pursue legal action. Adam Zeiher, also an athlete, was transferred to East Union High School. David Perry was transferred to Manteca High School. ``I was pleased with the ruling,'' said Rebecca Zeiher, Adam's mother. ``I felt pretty sure about it. It just confirmed what we have been saying all along.'' URL: http://www.sfgate.com/cgi-bin/cgiwrap/cnews/article.cgi?file=/news/archive/1999/09/17/state1710EDT0051.DTL 
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