Pubdate: Sat, 23 Jul 2011
Source: Daily Inter Lake, The (MT)
Copyright: 2011 The Daily Inter Lake
Contact:  http://www.dailyinterlake.com/
Details: http://www.mapinc.org/media/2501
Author: Kristi Albertson
Bookmark: http://www.mapinc.org/find?225 (Students - United States)

KALISPELL SCHOOLS STILL WORKING ON DRUG POLICY

'Gathering Clause' One of Big Issues

Kalispell school officials are still trying to rework the district's 
chemical use policy after an incident last fall proved the rule 
indefensible in court.

School board members reviewed the policy for the third time in recent 
months at their regular meeting Tuesday.

One of the major issues deals with the policy's so-called "gathering 
clause," which says students not only must refrain from using drugs, 
alcohol and tobacco, but also must not be present anywhere illegal 
drugs are being used.

The clause was only recently added to the district's chemical use 
policy, which is still under revision. It previously existed only as 
part of the Flathead and Glacier high school handbooks.

Flathead High officials cited the handbook's gathering clause last 
fall when four football players were removed from the team after 
marijuana and paraphernalia were found in their car during a traffic 
stop. One of the athletes, Connor Thomas, denied using the pot or 
owning the paraphernalia, but his presence in the car violated the 
gathering clause.

District Judge Katherine Curtis ordered Thomas be reinstated to the 
team after his mother, Mary, sued the school district. Curtis also 
questioned the legality of the gathering clause.

The lawsuit has since been dismissed, but that hasn't stopped 
district staff and trustees from trying to rework the policy.

Now the policy says students "shall not attend gatherings or 
functions where prohibited substances or chemicals are being used 
illegally." Students who find themselves at such a function must leave.

Some board members wondered whether a key word should be inserted 
into the policy so it reads students "shall not knowingly attend" 
gatherings where illegal drugs are being used.

Attorney Jeff Hindoien, who was at the meeting, said he was 
comfortable with "the knowingly piece" being addressed at individual 
school sites as issues arise.

"You may have kids physically at a building or house where they 
didn't know" illegal activity was going on, he said. "It can happen, 
and there's got to be a little leeway."

Trustee Jack Fallon said he wondered if leeway could exist at the 
administrative level with such an absolute policy.

"Right now we're absolute. It doesn't give any discretion to 
administration," he said.

Hindoien said he thought there was room for administrative discretion 
even with the strictly worded policy.

"I think frankly it sends a better message from the board to the 
participants to say don't do it," he added.

Mark Dennehy, Glacier High School's activities director, said the 
schools do have the necessary flexibility to deal with students who 
may not have known about substance abuse at an event they attended. 
Administrators can take certain variables into account, such as the 
length of time a student was at a place where illegal activity was 
taking place, or their knowledge of the illegal actions.

Generally those factors become clear over the course of 
administrators' investigation, and considering those variables allows 
for a wide range of potential consequences, from no punishment to 
removing a student from the activity, Dennehy said.

"The knowingly piece comes through investigation," he said.
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MAP posted-by: Jay Bergstrom