Legal Question in Telecomm Law in Oregon

Hey!

I�m in a bit of a dilemma, and it would be great if you could help me out. I am a Junior in an Oregon high school, and recently I was called out of class in regards to a text message I had sent a fellow student, saying: �God. It sucks to be buzzed in philosophy.� The school administration had viewed this text on the other students phone, and had sent her home for being �under the influence of alcohol� prior to calling me in. The student to whom I had sent the text was told she �smelled like alcohol,� though her parents were called in and found that she, in fact, did not smell of alcohol and was not acting under the influence of any substance. My peer�s car, locker and purse were also subject to search�in which the school administration found nothing implying that she had been drinking before school.

Now to the part that concerns myself: I was escorted by a security guard from my class to the school office, which I complied to with no complaint or sign that I was under the influence of alcohol. Upon arriving in the office, the school�s vice principle (who I have been on bad terms with since he falsely accused my brother of being involved in a drug deal when he was beat up) confronted me with the text I had sent, summarizing it as �I am sitting drunk in class.� This was not the text I had sent, and I informed him of this, firmly stating that I was not under the influence of alcohol. He then smelled my breath, and concluded that I �reeked of alcohol.� I had been sick for the entirety of the week, and was at the moment sucking on a throat lozenge that I think was the origin of my incriminating breath. I told him this, showed him the scattering of cough drop wrappers and throat lozenges in my purse. While looking in my purse, note that nothing related to alcohol consumption was found. My principal joined us in the �interrogation room,� and asked me to write a statement, to which I complied (in perfect handwriting and diction). During this time, I repeatedly offered to take a breathalyzer (which the vice principal informed me was outside of the school rules). When my parents arrived, I was taken down to the school police officer who gave me a field sobriety test. I passed the test, and the officer noted that I was not swaying in the least. He did state that �I was obviously on something, though, because my pupils were dilated.� This issue of having huge pupils is not new to me; both my brother and I have abnormally large pupils, and I am also on A.D.H.D. medication. My father told this to the police officer. I then left the school, suspended, and am currently awaiting my hearing.

After my departure from school, many of my friends with who I had breakfast with that morning were called into the school office and accused of being under the influence of alcohol. They were then excused when it was found that they, indeed, were not under the influence of alcohol. My peer to whom I sent the text and myself are the only students who were sent home that day, and are awaiting our hearings next week.

Now, I have a couple questions: Is the school allowed to hold the text they saw on another students phone against me, when I gave no consent to the intercepted communication?

Are they legally allowed to hold the fact that I �reeked of alcohol� against me when their assessment was obviously impaired by the throat lozenges?

I was attending a party after school, which was the reason of the text. Is it the school�s business what I do outside of school, off school grounds?

I am a �superlative� student, but very outspoken. I do not get along with either the principal or the vice principal because they have previously been disrespectful to me. I would be supremely grateful if you could help me figure out how to stand up for myself at the hearing, though I am convinced that the school appointed judge will side with his bosses.

Thank you,

Hannah

1 Answer from Attorneys

Related Questions & Answers

More Telecommunications Law questions and answers in Oregon

Looking for something else?