09-29-2007, 01:09 AM
Court rules school officials acted properly in strip search
By Diane Saunders, Staff Writer
Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.
The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court's summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl's Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths.
The Safford School District has since (in 2005) adopted a policy that states, "Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."
The girl's mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.
In the opinion written by Judge Richard Clifton, "Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had 'reasonable grounds' for suspecting that the search of (the girl's) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school."
Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.
The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.
Judge Richard R. Clifton, however, disagreed with Thomas and Judge Michael Daly Hawkins, and wrote the dissenting opinion.
"I disagree, however, with the assertion that the search of (the girl's) person was reasonable in scope," Clifton wrote. "It was unreasonable to force (the girl), a 13-year-old girl, to expose her breasts and public area to schools officials."
Safford School District Superintendent Mark Tregaskes said school officials do not see the Appellate Court's ruling as giving them the OK to strip search students when possession of over-the-counter drugs are suspected.
"That's never been the case either before or after this decision," Tregaskes said, adding that the term can be misleading.
He also said parents are usually notified, depending on the circumstances.
A school district policy, adopted in 2005, states, "School officials have the right to search and seize property, including school property temporarily assigned to students, when there is reason to believe that some material or matter detrimental to health, safety and welfare of the student(s) exists. Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."
School district policies also state that students cannot possess or take over-the-counter drugs without the written consent of their parents. Over-the-counter drugs must be brought to the school in its original container and be administered by a school official, the policy states.
Under certain circumstances, however, students may administer medications to themselves if they provide written permission from their parents.
http://mparent7777-2.blogspot.com/2007/0...acted.html
By Diane Saunders, Staff Writer
Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.
The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court's summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl's Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths.
The Safford School District has since (in 2005) adopted a policy that states, "Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."
The girl's mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.
In the opinion written by Judge Richard Clifton, "Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had 'reasonable grounds' for suspecting that the search of (the girl's) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school."
Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.
The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.
Judge Richard R. Clifton, however, disagreed with Thomas and Judge Michael Daly Hawkins, and wrote the dissenting opinion.
"I disagree, however, with the assertion that the search of (the girl's) person was reasonable in scope," Clifton wrote. "It was unreasonable to force (the girl), a 13-year-old girl, to expose her breasts and public area to schools officials."
Safford School District Superintendent Mark Tregaskes said school officials do not see the Appellate Court's ruling as giving them the OK to strip search students when possession of over-the-counter drugs are suspected.
"That's never been the case either before or after this decision," Tregaskes said, adding that the term can be misleading.
He also said parents are usually notified, depending on the circumstances.
A school district policy, adopted in 2005, states, "School officials have the right to search and seize property, including school property temporarily assigned to students, when there is reason to believe that some material or matter detrimental to health, safety and welfare of the student(s) exists. Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."
School district policies also state that students cannot possess or take over-the-counter drugs without the written consent of their parents. Over-the-counter drugs must be brought to the school in its original container and be administered by a school official, the policy states.
Under certain circumstances, however, students may administer medications to themselves if they provide written permission from their parents.
http://mparent7777-2.blogspot.com/2007/0...acted.html