STRUTHERS Student drops suit against school in pot suspension

The suspension was removed from his record and his legal expenses were paid by the district.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A Struthers High School student and his family have dropped their lawsuit against the school district.
"They gave us everything we wanted," said Atty. Martin E. Yavorcik, who filed the suit on behalf of Struthers sophomore Joseph Patrick Boland and his mother, Patty Boland.
The family sued over what it said was Joseph's improper suspension from school and placement into a juvenile diversion program after he tested positive for marijuana.
The action sought to reverse the suspension and have all mention of it removed from the boy's permanent school file, which was granted, Yavorcik said.
The family also wanted the school district's search and seizure policy declared unconstitutional, but Yavorcik said that was dropped when the district agreed to clear the boy's record.
"All his parents wanted was to protect their son," Yavorcik said.
Besides the suspension being withdrawn and stricken from his record, the student was given credit for all assignments missed while he was suspended, was not made to enter the diversion program, and was awarded $500 for legal fees.
What happened
According to court records, school officials found a note in a classroom Sept. 18 indicating that certain students might have a small amount of marijuana in their possession.
Joseph Boland was among those questioned by the school juvenile officer and a Struthers police officer who were called to the school. He was questioned because the note mentioned a student named Joseph.
Without the consent of Joseph's parents, school officials searched his locker and had him provide officers with a urine sample.
The sample was field tested and indicated the presence of marijuana. Other students were tested but showed no presence of drugs.
Based on the outcome of that test, Boland was suspended for five days, three of which he served before the court action commenced.
More tests prove negative
The unused urine was given to the boy's mother, who took it to a local hospital for a laboratory test, which showed no drugs in his system. A second urine sample, given at the hospital the day after his suspension, also tested negative for drugs.
Despite those results, the school board refused to overturn the suspension.
Yavorcik agreed that the district has the right to search students, but said more evidence should have been required for such an invasive action as taking a urine sample.
"It's too bad that it had to go this far," Yavorcik said. "If we had been treated fairly during the administrative process, this could have been avoided."
Dr. Sandi DiBacco, superintendent of Struthers City Schools, declined to comment on the case. "We don't comment on matters dealing with the discipline of a student. That would be illegal," she said after a regular meeting Dec. 10, at which the school board authorized the treasurer to issue a $500 check to the student and his parent.
bjackson@vindy.com