Ruling lets Girard junior take part in school events until judge hears case

STAFF REPORT

WARREN — A Girard girl, suspended from extracurricular activities for 45 days after authorities said she had a party where alcohol was served, is allowed to continue participating in school events until a judge rules on a lawsuit she filed.

Julie Paolone of Avon Street, mother of Mary Burt, a junior at Girard High School, filed the lawsuit last week in Trumbull County Common Pleas Court.

Judge John M. Stuard has issued a temporary restraining order that blocked the school district from carrying out the suspension until after Judge Stuard hears the merits of the case at 1:30 p.m. Sept. 10.

The suit names as defendants the school district, its superintendent, board members, high school principal and athletic director.

Judge Stuard’s ruling allowed Burt, who plays on the high school volleyball and softball teams, to attend a Meet the Team night Thursday, attend other extracurricular activities and play volleyball.

Documents filed with the suit said Burt’s suspension was supposed to last from Aug. 10 through Sept. 23, meaning she would have missed nine of her team’s 22 volleyball matches.

The lawsuit, filed by Atty. Carol Sopkovich of Warren, said the suspension connected with the June 27 party was “arbitrary, capricious, unreasonable and in violation of the [school district’s] own policies.”

The suit also said the school district’s policies are ambiguous and contradictory.

“The suspension given to Mary far exceeded and was harsher than the penalty imposed on any other Girard students who were allegedly in attendance,” the suit said.

The school district policy says students who have an event where alcohol use occurs will be suspended from participating in and attending extracurricular events for 45 calendar days on the first offense.

It says attendance at such a party will result in a meeting with the student’s building principal and/or coach, a warning letter being sent to the student’s parent or parents and a copy being placed in the student’s file.

The suit said William Ryser, Girard High principal, informed the girl July 6 of the 45-day suspension. The suspension came to light because the school district received a copy of a police report regarding the alleged party, the suit said.

Burt was never charged with a crime stemming from the alleged party, the suit said.

The suit also notes that participating in at least one extracurricular activity is a requirement for graduation from Girard High School.

“Thus, for students in the Girard City School District, participation in an extra-curricular activity is not a privilege but a requirement for obtaining a diploma,” the suit said.