Parents of a Warsaw Community High School varsity soccer player suspended for alleged drug use believe their son was denied due process by the school. On their behalf, attorney David Kolbe filed a petition Wednesday for a preliminary injunction in Kosciusko Superior Court 1. If approved, the preliminary injunction could lead to a permanent injunction that would void any alleged suspension. According to the petition for a preliminary injunction, Jose and Maria Rodriguez are the parents of Gustavo Rodriguez, a WCHS varsity soccer player. In November, Gustavo was taken into custody and placed on informal adjustment with the Kosciusko County Probation Department as a result of his admission to the use of marijuana. The student admitted to using marijuana following an auto accident in spring 2012. According to a letter from Kolbe to WCHS Principal Troy Akers, Gustavo was a passenger in the accident. Officers arrived and, based upon smell, determined the boys at the scene had been smoking marijuana. Gustavo admitted he had done so. No tests were conducted since Gustavo admitted to using marijuana. He was placed on probation. Then on Dec. 29, a meeting was held that included Gustavo and Jose Rodriguez, Akers and Athletic Director David Anson. As a result of that meeting, the Rodriguezes were informed orally of “certain consequences with regard to athletic participation” as a result of Gustavo’s admission of the use of marijuana. At no time after the December meeting, according to the petition, did any official from Warsaw Community School Corp. deliver by certified mail to Jose or Maria a written statement of findings and penalty imposed. On April 17, WCS officials requested a random urine drug test from Gustavo. He was informed that he had failed the urine test for marijuana metabolites. As of Wednesday, the petition states, there has been no verification that the drug testing was conducted consistent with the policies and procedures of WCS. Gustavo submitted to at least one additional urine test, including a private test paid for by Jose, which came back negative for marijuana metabolites, the petition states. Another meeting was held between WCS officials, Gustavo and at least one of his parents. At that time, Gustavo was informed of additional consequences, which apparently included complete suspension from his ability to play with the WCHS varsity soccer team in fall 2013. The petition states that no written letter containing findings of fact by Anson was sent to Jose or Maria by certified mail. On July 29, the Rodriguez family retained Kolbe to represent the interests of Gustavo. A day later, Anson prepared and delivered by certified mail a letter to Jose and Maria with his findings of fact and penalty imposed with regard to the events “on or about April 17, 2013, a period of over three months after the meeting(s) of mid to late April 2013,” the petition states. Gustavo, his parents and Kolbe invoked Gustavo’s right to administrative review by Akers. The review took place Aug. 8 at WCHS, with only Kolbe, Anson and Akers present. As of the filing of the petition for the injunction, no certified letter has been received from Akers regarding his decision, “although it is anticipated that he will deny the appeal to him.” Until Gustavo receives a certified notice of the determination, he can’t request the formation of an athletic review committee as stated in the student handbook. The petition states that “in multiple respects, officials of WCHS and the WCHS Athletic Department have failed to follow the policies and procedures as required in the WCHS student handbook with regard to their findings and determinations respecting (Gustavo).” As a consequence of no less than five instances in which WCHS officials failed to follow their policies and procedures, the petition states that Gustavo has been subjected to “fundamental, substantive and procedural due process violations which have wholly jeopardized his ability to participate with the WCHS varsity soccer team.” If the court does not enter an immediate injunction staying and suspending any penalties imposed by WCHS, the petition states Gustavo will suffer “irreparable harm and will be deprived of his full high school soccer career and the potential for future college scholarships in pursuit of his higher education and the play of soccer at the collegiate level.” Due to the pending litigation, Anson had no comment on the matter this morning. The hearing on the petition for the preliminary injunction will go before the court at 11 a.m. Tuesday.
