Judge rules against Haddonfield student

By LAVINIA DeCASTRO
Courier-Post Staff

The Haddonfield Memorial High School student who challenged the school district's policy on off-campus drug and alcohol use will have to continue her battle before the state commissioner of education.

During a hearing Tuesday, Superior Court Judge Mary Eva Colalillo dismissed the unidentified student's request for a temporary injunction prohibiting the school district from enforcing its 24/7 policy because the courts did not have jurisdiction over school policy disputes.

Students arrive at Haddonfield Memorial High School

(Chris LaChall/Courier-Post)

"I feel that this claim has been brought to the wrong forum," said Colalillo, adding that all administrative options must be exhausted before the case lands in court.

Matthew Wolf, a lawyer representing a 15-year-old girl charged with alcohol possession, challenged the board's right to discipline students for off-campus activities in a lawsuit filed on Dec. 18.

"I respectfully disagree," Wolf said of Colalillo's decision. "The reason we went to the Superior Court was because we saw the claim as being of a constitutional nature."

Wolf said it's up to his client to decide whether to appeal Colalillo's decision or allow the education commissioner to hear the case.

"At this point, we're going to review our options," Wolf said. "Either way, we're going to continue to pursue this."

The school district has agreed to postpone disciplining the girl until the matter is resolved, as long as Wolf's client agrees to pursue the matter through the education commissioner. If she decides to appeal, the district may discipline her. The district will continue to enforce the policy for other students.

"We feel that's the proper venue for this case," said Joe Betley, the attorney representing the school district.

Wolf's client was the only student arrested during a Nov. 28 party at a home on Estaugh Avenue.

According to the police report, a large group of high school students fled the home when officers arrived around 9:30 p.m., some climbing out of the second-floor window and running through neighboring yards to escape. The 15-year-old was arrested while fleeing, along with the mother of the party's host, who was detained for refusing to cooperate with police.

Under the school policy, students charged with such crimes must perform between 10 and 30 hours of community service and could be barred from participating in extracurricular activities. Consequences are more severe for repeat offenders, with mandatory drug and alcohol counseling encouraged for first offenders and required for subsequent offenses.

Students in a position of leadership also suffer more severe consequences under the policy.

Superintendent Alan Fegley said almost 90 percent of high school students participate in extracurricular activities. A total of 72 students have violated the district's 24/7 policy since it was first adopted in 2006. Only five students were repeat offenders -- four with two incidents each and one with three incidents, Fegley added.

Fegley said the policy is not meant to be punitive.

"The policy is one part of an overall effort by the district to increase awareness of its students of the consequences of decisions that all young people face as they grow," Fegley said in an e-mail. "Preparing students for college and adulthood involves not only academics but learning how to critically think about the world around us and how each person's actions can affect their life and many others as well."

"I think it's reasonable to say that community service, alcohol counseling and loss of extra curricular activities constitutes discipline," Wolf countered.

Both sides agreed that school boards have the right to regulate extracurricular activities, which are considered a privilege, and law enforcement officials are allowed to share information on student arrests with principals.

However, Wolf said the policy also calls for the information to be shared with the athletic director or the sponsor of the extracurricular activity in which the student participates. That's a practice, Wolf argues, that violates the student's constitutional rights because juvenile criminal records are confidential.

He also criticized the policy for punishing students for having been accused, but not convicted, of a crime.

"This is a policy that subjects children, who are presumed innocent, to servitude as punishment," Wolf said.

Wolf also said requesting drug and alcohol counseling would cause irreparable harm because it would keep the student from being able to pursue careers that require disclosure of such requests, like law or certain law enforcement agencies.

Betley said the irreparable harm comes from the arrest, not the policy. Applications that require disclosure of alcohol and drug counseling referrals also require disclosure of juvenile criminal charges.

Betley said the information is not added to the student's record and the policy puts in place uniform guidelines that coaches can follow when disciplining students.

"It eliminates the unfairness of different kids caught for the same offense in the same community from being disciplined differently because it's at the whim of different coaches," Betley said.

The policy was adopted following a series of underage drinking incidents that shook the town and the death of a student from an apparent drug overdose.