Pubdate: Thu, 06 Apr 2000
Source: Mobile Register (AL)
Copyright: 2000 Mobile Register.
Contact:  PO Box 2488, Mobile, AL 36652
Fax: (334)434-8662
Website: http://www.al.com/mobile/
Forum: http://www.al.com/forums/
Author: Ron Colquitt

STUDENT IN COURT FIGHTING EXPULSION

A federal judge recessed court Wednesday without deciding whether to
overturn the expulsion of a Gulf Shores High School homecoming queen and
contender for valedictorian who was kicked out of school after police found
what they say were fragments of marijuana in her vehicle.

Baldwin County school officials expelled Jenny Hammock, 18, from the school
on March 8 for the rest of the academic year. Her parents, Dr. Roy Hammock
and his wife Jude Hammock, filed a lawsuit against the school system
demanding that she be reinstated.

U.S. District Judge Charles R. Butler Jr. heard the case in Mobile
Wednesday.

Outside the courtroom, Hammock denied using drugs and said she didn't know
how the leafy substance ended up in her parents' Toyota 4-Runner.

The court case brought by Hammock's Foley-based attorney, James May, names
nearly a dozen school officials and the Baldwin County Board of Education
and claims the expulsion violated Jenny Hammock's right to public education.

Her relatives and lawyers say a urine test following the incident did not
reveal any drugs in her system.

The fragments that tested positive as marijuana were discovered in Hammock's
vehicle during a Feb. 11 search of the school for drugs by police using
drug-sniffing dogs. May argued there was a lack of uniformity throughout the
public school system when it came to punishing students found with drugs in
their possession or in their vehicles. He said his client's due process
rights were violated because she was not given a proper hearing before being
expelled.

Bob Campbell, attorney for the Baldwin County school system, countered that
illegal drugs were found in Hammock's vehicle, she drove it to school each
day, and she had gotten a permit to park it in the school parking lot.

Campbell said her expulsion was proper because of the school system's zero
drug tolerance policy. He said her parents and attorney were present when
she was expelled.

The Alabama Code says students must be provided with a "safe, drug-free
environment," he said.

Campbell said Jenny Hammock was never expelled from the Baldwin County
Public School System, just from Gulf Shores High School. She now has the
option of attending an alternative school in Bay Minette in north Baldwin
County, he said.

Gulf Shores High Principal Larry Key said that during several assemblies he
had warned students about the zero tolerance policy toward drugs in their
vehicles and warned them to not let others in their vehicles use drugs. He
said he warned them that they are responsible for all the passengers and
contents of the vehicles they drive to school.

Even if the drugs belonged to someone else, the person who operates the
vehicle is responsible for any drugs found.

Asked if Jenny Hammock was a disciplinary problem, Key said, "I know of two
other infractions" of school policy.

He said she was caught skipping school and lied about where she had been
that day, and she was kicked off the school's volleyball team because she
missed too many practices.

During questioning by Mays and Campbell, Orange Beach police officer Anthony
Grigsby said a "small, minute amount" of leafy substance that tested
positive as marijuana was found in the passenger side of the vehicle.

Asked if it could have fallen off someone's clothing when they got in the
vehicle, Grigsby said, "Yes, it's possible."

Gulf Shores police officer John Hamrick, who also was present when the
4-Runner was searched, testified Wednesday that marijuana seeds, stems and
leafy particles were found on the driver and passenger side of the vehicle.

During questioning by May, Roy Hammock said he, his wife and son also use
the 4-Runner he bought about six months ago and he was not aware of any of
them ever having marijuana in the vehicle.

Butler recessed about 5:30 p.m. after announcing that he would make his
decision possibly by Monday.

After the trial was recessed, outside the courtroom, Jenny Hammock said, "I
don't really know what to think, I've never really had this happen to me
before, so I just hope for the best."

Given the choice of attending the alternative school or getting a GED, she
said should definitely would pick the GED over the school.

"I wouldn't go to an alternative school because my best friend sat in an
alternative school for months without any assignments and didn't get
anything sent to her in order for her to help pass classes. I just don't
want to go through that, and I don't want to be treated like a delinquent,"
she said.
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