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PATC Article Detail
Title:
Smoking Isnít Allowed in School
Smoking Pot, After Hours, on School Grounds: OK
Author:
Jack Ryan
ID:
LL114
Issue:
SU1-6
Issue Date:
2004-11-01
Edition:
School
Type:
Article
Body:
In D.O.F. v. Lewisburg Area School District, 2004 Pa. Commw.LEXIS 823 (Pa. Commonwealth Court 2004), a Pennsylvania court examined a case involving students who were caught smoking marijuana on school grounds at 10:30 at night. The question presented to the court was whether or not the school district could take disciplinary action against these students for activity which occurred long after school had closed.
Following a school concert, D.O.F. and two others went to D.O.F.ís house to socialize. At approximately 10:30 p.m. the trio went for a walk. As they passed through the Linntown Intermediate School playground the students decided to smoke some marijuana that they had chipped in to buy. Unfortunately for the students, a police officer was in the area and observed their activity. The three were arrested for misdemeanor possession of marijuana as well as other related charges. Following the arrest, the police officer notified the high school principal of the arrest. The principal then conducted an investigation and obtained a handwritten statement from a cooperative D.O.F. As the result of the initial investigation, D.O.F. was suspended for three days. A formal hearing was held and it concluded with a finding that D.O.F. had violated the schoolís policy on drug use. The board expelled D.O.F. In overturning D.O.F.ís expulsion the court noted that the concert [the school-sponsored event] had ended more than an hour and a half before the arrest. The court concluded that the school board did not have jurisdiction, from a school rule violation perspective, over D.O.F.s activity because it was not closely related to any school activity. Based on this conclusion, the school lacked the power to discipline D.O.F. for the marijuana smoking incident.
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