Continuously serving Kosciusko County since 1854
Suspension of a Warsaw teen from an extracurricular school activity is being fought in court after an appeal of the principal's decision was upheld by a review committee.
Jenna L. Ross, a student at Warsaw Community High School, through her mother, Carrie Davis, filed a lawsuit last week in Kosciusko Superior Court I. Ross claims she was unfairly suspended from the WCHS color guard for allegedly violating the school's drug and alcohol policy. Steve Hearn of Lemon, Armey, Hearn & Leininger is Ross' attorney.
In May, Ross enrolled in the color guard. She was informed by Paul E. Crousore, WCHS principal, on July 12 that she was suspended from participation in the extracurricular activity for the 1999-2000 school year, according to the lawsuit, because of the violation.
Ross was one of six teens reportedly charged with illegal consumption of alcohol by a minor after Warsaw police responded to a complaint of underage drinking at a Warsaw residence.
The lawsuit claims that the incident occurred "at a time when the Warsaw High School was not in session and was not 'on the school grounds ...; off the school grounds at a school-sponsored activity, function or event,' nor could it reasonably be considered to be a interference with school purposes or an educational function as required by Board Policy."
The lawsuit further contends that Ross was never arrested and charged with illegal consumption by a minor and that Crousore relied upon an article printed in the Times-Union a day after the police incident. Warsaw police forwarded paperwork from the incident to the probation department, which handles juvenile offenses. Ross reportedly submitted to a portable breath test on June 14, with the result showing a blood-alcohol level of .014 percent.
The WCHS board policy regarding co- and extracurricular code of conduct states that participation in such activities is a privilege and that high standards of conduct are expected of participating students. These students are required to file a form signed by a parent or guardian and the student stating they are aware of the philosophy, rules and regulations under which they are given the opportunity to participate.
Because the alleged act occurred off school grounds when school was not in session, the lawsuit indicates it should not be considered "to be an interference with school purposes or an education function."
A requested review of Crousore's decision resulted in its being upheld. The court papers indicate that the review committee "acted in a patently arbitrary and capricious manner."
Ross, who was 14 when the incident occurred, is suspended from color guard for one calendar year commencing June 15. Her lawsuit states this would "substantially impair her ability to participate in co- and extracurricular activities."
The color guard has begun its activities for this school year and Ross is seeking an injunction preventing the suspension decision from being enforced and that she recover court costs and attorney fees.
