Pubdate: Thu, 04 May 2006 Source: Barrington Courier-Review (IL) Copyright: 2006 Pioneer Press Newspapers Contact: http://www.pioneerlocal.com/cgi-bin/ppo-email?emailwhat=comments-news.dat&paper2=ba Website: http://www.pioneerlocal.com/cgi-bin/ppo-newsstand?paper2=ba Details: http://www.mapinc.org/media/4152 Author: Tom Johnston, Staff Writer Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/testing.htm (Drug Test) Bookmark: http://www.mapinc.org/youth.htm (Youth) BHS PARENTS FILE LAWSUIT OVER BASEBALL SUSPENSION A Barrington High School varsity baseball player's parents are suing School District 220 for his reinstatement to the baseball team after a marijuana possession arrest resulted in his unfair suspension, the lawsuit states. Bruce and Margaret Stopka of Barrington filed the lawsuit April 26 in the Cook County Circuit Court, arguing school district officials violated their 16-year-old son's rights in suspending him without a fair hearing or proof of wrongdoing. "The facts of the Complaint will demonstrate that the plaintiff denies the offense and denies that he violated the Co Curricular Code," the lawsuit stated. It also said the complaint will show how the code and appeal process are a violation of the student's rights. School District 220's code provides for suspension from the team for the rest of the season and 40 hours of community service for athletes who violate the code during the season. For offenses in the off-season, athletes are required to perform 35 hours of community service. District 220's Co-Curricular Code states "no student who is a member of any co-curricular activity shall be in possession of or under the influence of alcohol, illegal drugs or tobacco." A District 220 official declined to comment on the lawsuit and suspension. "Anything regarding students we don't discuss," spokeswoman Debbie Villers said. Calls to the Stopkas' home and their Northbrook-based attorney, Steven Glink, were not returned. The lawsuit states the suspension came after Barrington-Inverness police arrested Stopkas' son and three other teenagers on April 14 in the Baker's Lake savanna just southwest of Route 14 and Hillside Avenue. Police reports confirm the arrests. The lawsuit states their son was there at about 5:05 p.m. April 14 with 10 other boys. Police officers questioned him about a capsule allegedly containing marijuana that an officer noticed on the ground near him and three other boys. Stopkas' son and three other boys were searched. The lawsuit claims marijuana was found on the three other boys, but nothing was found on their son. The police report stated Stopkas' son admitted to owning the container. Among the court filings is a statement from Stopkas' son who states the group was playing Hacky Sack in the woods when they found the capsule. He said he looked at it and showed it to his friends before throwing it back on the ground. "After they finished searching us, we began walking out when one of the officers spotted the medical capsule on the ground," he wrote. "They asked (whose) it was. When no one responded, they said they would arrest all 11 of us on state charges if no one claimed it. It was not mine, but since I had picked it up off the ground I said I had had it, fearing state charges to everyone." State law requires police to inform local schools about students' violations. On learning the baseball player had been charged by the police with possession of marijuana, Barrington High School administrators immediately suspended him from the varsity team for the rest of the 2006 season, according to the lawsuit. After his arrest on April 14, the Stopkas' took their son to Advocate Good Shepherd Hospital for drug screening that came up negative, according to the lawsuit. The Stopkas' appealed the suspension on April 19 to Paul Gillette, Barrington High School's associate principal of student activities, according to the lawsuit. He denied the appeal, explaining, for example, the police's issuance of a ticket alone was enough to warrant the suspension under the school code. Gillette declined to comment. In a second appeal, Alena Laube, assistant superintendent of research and development, and Donn Mendoza, principal of Barrington Middle School-Station Campus, also upheld the suspension. In a letter sent to the Stopkas on April 25, included in the court filings, Laube wrote, "Our reason for this decision is based on the clear language of the Code, which prohibits students from possessing illegal drugs such as marijuana. (Your son) admitted that he was in possession of marijuana to the officer who issued the ticket. We believe this admission constitutes possession under the Code. "We understand you believe the tactics in questioning (your son) were inappropriate. We also appreciate the fact that you immediately took (your son) for drug testing, and that the results were negative. However, we do not believe either of these two facts exempt (your son) from serving the consequences set forth by the Code." Barrington-Inverness Police Chief Jeff Lawler declined to comment on the merits of the Stopkas' lawsuit, but said possession of marijuana is a criminal charge. The issuance of a ticket expedites the processing of those charged and puts police back out on their beats faster, he explained. "It's a criminal charge we write under a local ordinance," Lawler said. The 16-year-old's court date on the misdemeanor charge of marijuana possession is May 15. A court hearing on the lawsuit has been scheduled for 10:30 a.m. Friday in Room 2402 of the Rolling Meadows Courthouse. - --- MAP posted-by: Jo-D