Legal Question in Civil Rights Law in New York

smoking policy

This has to do with school policy.A coach saw some kids smoking in a car off school property.The AD has imposed a suspension of one game for the players.She states that is her policy and tells the students they have to sign this policy or they can not play sports.The students either take this one game suspesion or 5 days off from school.The AD has informed my son and wife that if he is spotted near a smoker he will be suspended for 5 days.My wife asked her if this includes his father or any other adult and the response was yes! He will be suspended.I want to know how they can regulate any activity the student does that is not illegal off of school property?I asked if this is in the code of conduct in the district and was told yes.I know that smoking is bad but if this goes for students can students who are chidren of teachers that smoke can they be suspended?I also looked onine and can not find anything that says it is illegal to smoke, other than in certain areas (rest., public buildings etc) and the sale of tobacco products. I am worried that the AD is over stepping her bounds by dictating legal activity that she disagrees with? Do I have any grounds to fight this without ending up in court.


Asked on 9/17/05, 4:29 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: smoking policy

Probably not.

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Answered on 9/19/05, 11:02 am


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