Would it be possible to sue a school for making false accusations towards a student relating to drug use?

by **donough** » Fri Apr 08, 2011 4:32 am

I have a friend who was suspended for 5 days for "smelling like pot" he took a drug test the day of his suspension, 1 day after the accusation. He later passed the drug test. Would he have any stand for a lawsuit? Defamation of Character? also behind in classes which results in stress, also could be dismissed from the school basketball team.

by **regenweald** » Fri Apr 08, 2011 4:41 am

So what, suing the school for a couple of thousand dollars is going to make that all better?

What a litigous society we live in. Why not just accept the apology and move along?

by **treasigh** » Fri Apr 08, 2011 4:42 am

Look in the school policy manual. It probably describes a situation exactly like this and that the penalty will be out of school suspension for 1 to 180 days for first offense, 10 to 180 days for second offense, etc. Five days suspension is probably the standard punishment at your school for first offense.

School administration are acting "in loco parentis" (in place of parents) so they usually have quite a large amount of legal leeway to be able to treat students this way. It often takes only reasonable suspicion (smelling like pot) to be able to punish a student.

btw ...

Law Enforcement are required to have probable cause to arrest. In most jurisdictions, failing a drug test is not probable cause to arrest. In most jurisdiction, probable cause is required to even order a person to take a drug test. Most people voluntarily submit to a drug test.

by **camdin90** » Fri Apr 08, 2011 4:46 am

This does not qualify for a Defamation of character charge. The school would have to publicly announce that your friend was a drug addict and cause him monetary damages in order for that to be defamation. They smelled something like pot smoke, they acted. Within the bounds of their school policy. High school basketball teams are voluntary and therefore if he were suspended or kicked off the team, he would not suffer any damages. Tell your friend he didn't hit the big payday yet. He has to continue with his schooling.

by **morcan** » Fri Apr 08, 2011 4:58 am

If it's a public school he might hit the brick wall of governmental immunity. Google your state bar's lawyer referral service and talk to a lawyer.

by **mads** » Fri Apr 08, 2011 5:06 am

Sorry, but the smell was probable cause. Nothing he can do. And the stress claim is just laughable.

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