Appellant's son, Brett, age 18, is a senior at the District's high school. He participates in athletics and is, therefore, subject to the District's good conduct policy. On Friday, January 28, 2000, word circulated at Newton High School that a party would be held that evening at the home of Amanda Manatt. Brett had been in the Manatt home approximately 40 times in the past three years.

At approximately 11:35 p.m., Brett went to the basement, where he observed numerous beer cans and decided to try to find the person who had driven him there so that he could leave. The Manatt home is a few blocks away from Brett's home. Shortly thereafter, two Newton police officers arrived at the home.A Newton police officer informed the District of the party and gave the names of about 25 District students who had been there. Of these, 20 students were suspended under the Dis-trict's good conduct policy from participating in extracur-ricular events for their presence at the party, and five were suspended from participating for consuming alcohol. Between six and eight students were at the party early in the evening and left immediately when they learned that alcohol was present. They were not suspended.

This situation differs from the situation in the State Board's recently decided decision of In re Ryan Oelmann, 18 D.o.E. App. Dec. 288 (2000). In Oelmann, the Ackley-Geneva Dis-trict's good conduct policy language allowed the student no opportunity to leave the presence of alcohol. By contrast, the Newton District's good conduct policy contains language that gives the student an opportunity to leave immediately without suspension.

In addition, the Newton District proved a "closer relationship between the student and the beer," as required by Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972). Brett had previously been to four other parties at the Manatt house where alcohol was present. He and his friend chose to park behind the Manatt residence and walk through the backyard instead of parking in the street or driveway. Brett was at the party for 20 to 35 minutes before the police arrived. Based on the evidence, the Board's unanimous conclusion that Brett had indeed violated the good conduct policy was reasonable.

That the Newton Community School Board of Directors' decision made on March 15, 2000, to declare Brett Lureman ineligible to participate in one-half of the spring soccer season, be affirmed.