Legal Question in Civil Litigation in California

Re: Ejected for smell on hands

These days, there is a rich body of rights students have for actions taken by the school. Short of retaining counsel for such an incident -- which, depending on the perceived adverse effect on the student's future, might be worth it -- you should contact the school and ask them for a copy of administrative and hearing rights when the school takes a disciplinary action such as the one described. Alternatively, you should contact the California Department of Education for their latest release on the rights of students in disciplinary proceedings. At first glance, the punishment imposed in this case seems like an overreaction.

Ben Pavone

I: www.benpavone.com

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8

Re: Ejected for smell on hands

Who, exactly, "thought she could smell 'pot' on his hands"? Does the school have someone who routinely sniffs students' body parts for evidence of drug use? This sounds very strange to me. Was it a drug-sniffing dog that picked out your son?

I don't see how a school can suspend a student just because "someone" says they smelled marijuana on the student's person. The school has to believe that the student is actually using or in possession of the drug and cannot just suspend the student based on a complaint. If the smell was detected by a trained dog, the school will have a much stronger basis for its belief -- however, this will raise some Constitutional (search-and-seizure) concerns. Offhand, I do not know the current state of the law on when schools can conduct what type of searches.

As Mr. Pavone has explained, you are probably entitled to a wide array of administrative hearings and other remedies. If the school cannot provide a better explanation than the one you have provided, then hopefully it will back down. If not, you may need to resort to litigation.

You might want to bring this case to the attention of your local chapter of the ACLU. They might be willing to take the case on your behalf, in which case you might not have to pay for any of the fees or costs involved.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340