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Title: WTF?! Court rules school officials acted properly in forcing 13-year-old to disrobe and expose her breasts and pubic area
Source: [None]
URL Source: http://mparent7777-2.blogspot.com/2 ... es-school-officials-acted.html
Published: Sep 29, 2007
Author: Marc Parent
Post Date: 2007-09-29 06:46:31 by Kamala
Keywords: None
Views: 492
Comments: 34

Friday, September 28, 2007

WTF?! Court rules school officials acted properly in forcing 13-year-old to disrobe and expose her breasts and pubic area

Update

A reader advises there is a history of child abuse regarding the school in question. I found the following,

FORMER SAFFORD MIDDLE SCHOOL PRINCIPAL ACCUSED OF FILMING TEENAGE GIRL If readers find and send in related stories, I'll add them here.

---

Court rules school officials acted properly in strip search

By Diane Saunders, Staff Writer

Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.

The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court's summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl's Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths. Wednesday, September 26, 2007 Print this story | Email this story Advertisement * The Safford School District has since (in 2005) adopted a policy that states, "Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."

The girl's mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.

In the opinion written by Judge Richard Clifton, "Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had 'reasonable grounds' for suspecting that the search of (the girl's) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school."

Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.

The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.

Judge Richard R. Clifton, however, disagreed with Thomas and Judge Michael Daly Hawkins, and wrote the dissenting opinion.

"I disagree, however, with the assertion that the search of (the girl's) person was reasonable in scope," Clifton wrote. "It was unreasonable to force (the girl), a 13-year-old girl, to expose her breasts and public area to schools officials."

Safford School District Superintendent Mark Tregaskes said school officials do not see the Appellate Court's ruling as giving them the OK to strip search students when possession of over-the-counter drugs are suspected.

"That's never been the case either before or after this decision," Tregaskes said, adding that the term can be misleading.

He also said parents are usually notified, depending on the circumstances.

A school district policy, adopted in 2005, states, "School officials have the right to search and seize property, including school property temporarily assigned to students, when there is reason to believe that some material or matter detrimental to health, safety and welfare of the student(s) exists. Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."

School district policies also state that students cannot possess or take over-the-counter drugs without the written consent of their parents. Over-the-counter drugs must be brought to the school in its original container and be administered by a school official, the policy states.

Under certain circumstances, however, students may administer medications to themselves if they provide written permission from their parents.

Posted by CRIMES AND CORRUPTION OF THE NEW WORLD ORDER NEWS mparent7777 Marc Parent CCNWON at 11:13 AM

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Begin Trace Mode for Comment # 24.

#8. To: Kamala (#0)

OK to strip search students when possession of over-the-counter drugs are suspected

..since when is having possession of an over-the-counter drug illegal?

Zipporah  posted on  2007-09-29   9:28:17 ET  Reply   Untrace   Trace   Private Reply  


#23. To: Zipporah (#8)

..since when is having possession of an over-the-counter drug illegal?

Zipporah posted on 2007-09-29 9:28:17 ET

I don't know about illegal, but AFAIK all public schools have rules (laws?) against the students having any drugs at all.OTC or not.

Don't you feel safer already?

tom007  posted on  2007-09-29   12:02:57 ET  Reply   Untrace   Trace   Private Reply  


#24. To: tom007 (#23)

Don't you feel safer already?

Most of those kids are terraists.

Put em away if caught with an aspirin.

Cynicom  posted on  2007-09-29   12:09:26 ET  Reply   Untrace   Trace   Private Reply  


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