Legal Question Of The Week - October 11, 2012

By Attorney Thomas B. Mooney, Neag School of Education, University of Connecticut

The "Legal Question of the Week" is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors. Please submit your questions to: legalmailbag@casciac.org
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Dear Legal Mailbag:

Four students who attend our high school were arrested over the weekend. We received the police arrest report, and we were notified that all of the students were accused of possession with intent to sell. Apparently, the arresting officer found marijuana under the front passenger seat when he searched the car. Now I am confused. This is a serious matter, but I don’t know what I am supposed to do. I do know that dealing drugs is an expulsion offense, but it seems a little much to expel this carload of students. Do I have to?

Signed,
Ready if Need Be


Dear Ready:

Expulsion is mandatory when a student offers a controlled substance for sale or distribution. Here, the report does not indicate that such is the case. When young people are arrested under such circumstances, the police may charge them with various potential crimes, and then they let the prosecutor sort it out. By contrast, when the superintendent and administration recommend a student for expulsion, the burden of proving that the students engaged in the alleged misconduct falls on them. Here, unless there is more information, the only thing that you may be able to prove is that these students were in a car that contained marijuana. Expulsion for off campus conduct is permitted, however, only when expulsion is mandatory (as with offering drugs for sale or distribution) or the conduct otherwise seriously impedes the day-to-day operation of the school. This situation may well be none of your business.