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Decision Number
127
Book
19
Month
January
Year
2001
In RE
Andy Gower
Appellant
Richard & Carol Gower
Appellee
Paton-Churdan Community School District
Full Text
Summary

Andy's first violation of the good conduct policy occurred on August 1, 1998, for consuming alcohol. His second violation took place on or about July 1, 1999, also for consuming alcohol. His third violation occurred in October 1999, for the same reason. Appellants received no written notice concerning the third suspension and were not told when the suspension would end. The January 12, 2002, minutes simply state: "Motion by Tilley, second by Niles to deny appeals outstanding on the good conduct policy. Motion carried unanimously on roll call vote 4-0"

The minutes did not specify the time frame of Andy's suspension. The violation was not appeal; the length of the suspension from extracurricular activities was appealed to the State Board. The Board clarified the length and expiration date of the third suspension on June 16, 2000 (... the third violation will involve a one-calendar year sanction and will begin after the end of the second violation sanction. ...)

It was noted that the District's good conduct policy does not address whether or not suspension periods for separate violations within 12 months will run end-to-end. Under the language of the Student Handbook, the penalty for the October 1999 violation, which will begin on the date when one-half of the basketball contests had taken place for the 1999-2000 season. The 12-month suspension period will begin running sometime in January 2000 and end up sometime in January 2001. Andy will then be eligible to complete in the remainder of the basketball season and in any other athletic contests, assuming that he has no further violation of the policy during his senior year.

In terms of Andy's length of suspension from band and chorus, the July 1999 violation will be considered the first violation in this 12-month period. Andy would have been suspended for 9 weeks from participating and his second violation is the October 1999 incident. Andy will be eligible to participate in band and choir sometime during November 2000.

That the decisions of the Paton-Churdan Community School District Board of Directors made on January 12, 2001, and June 16, 2001 were affirmed to the extent that they impose sanctions for violations. The same decisions were reversed to the extent that they prohibit Andy from participating in band, athletics and choir after the dates calculated.