Full question:
My 15 year old son is suspended from school for buying and selling an item called ' Tink'. We were told by the school that it was marijuana and everclear boiled down. They questioned him a month later and the only evidence they have is what he told them. They have no physical evidence; he passed urine analysis. We are not even sure if it had drugs or alcohol in it. He is now up for expulsion. I feel that there is no case due to no evidence. I'm not saying what he did was right, but he has never been in trouble and they want to throw the book at him.
- Category: Education
- Subcategory: Student Rights
- Date:
- State: Oregon
Answer:
Students have a property right to education, and schools must follow due process when considering expulsion. This includes an informal hearing with notice, witnesses, and the opportunity for the student to present their side. Schools must have clear, written rules about conduct and discipline, which should be distributed to students.
According to Oregon law, a school district can discipline, suspend, or expel a student for willful disobedience or other misconduct, but they must consider the student's age and prior behavior (Oregon Revised Statutes § 339.250). If the school lacks physical evidence and your son has passed a drug test, this could strengthen your case against expulsion.
It is advisable to seek assistance from a professional knowledgeable in substance abuse and educational law to navigate this situation effectively.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.