Legal Question in Civil Rights Law in Maryland

School-alcohol policy

Carroll County Maryland, Carroll County Schools, has a policy that if you get caught with alcohol off of school property, or if you are around people that have alcohol, even if you do not know it, they can suspend you from extra-curricurear acivities.

They say this is acceptable, because clubs and sports are a priviledge, not a right.

I say that it is illegal because:

1. This gives administrators prosecution rights.

2. Admin investigate, and punish, with no recourse.

3. Admin are not trained for this,

and it is not a law enforcement position.

This means that the only people who get punished

are the people who are honest enough to admit it,

which makes the punishments uneven.

4. Schools have no say in what you do out of the school.

5. This is a slippery slope.

6. It is arbitrary. You can kill someone, and get back into sports. You can rob someone and get back into sports.

I believe this is grounds for a lawsuit against the county,

What do you say?


Asked on 12/14/04, 4:16 pm

1 Answer from Attorneys
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: School-alcohol policy

Shcools have been traditionally given great deference by the Courts. This stems innitially the schools solt of acting like a temporary parent for children/students. The Const'n and the Laws still apply to schools and they probably still need to show a rational realtion between thei policy/action and an important state interest, but that is not hard to do. The lesson is to try to stay away from the bad crowd, which is probably the entire point of the policy to begin with. If you are an innocent by-stander and you are victimized I bet they would be willing to listen to specific cercumstances, if they are approached diplomatically and with some degree of deference. This is not legal advice, but Ide be happy to consult w/ you/your parents if you call my offices. Best of luck!

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Answered on 12/14/04, 5:41 pm


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