Posted on 01/20/2010 10:26:54 AM PST by neverdem
A case that has drawn national attention because of the involvement of the National Rifle Association had no mention of gunowner rights at a Tuesday morning expulsion hearing.
Instead, the appeal of the expulsion of Willows High School junior Gary Tudesko, 17, turned more on the interpretation of the state education code and what discretion the school district had in the matter.
The 31⁄2-hour hearing before the Glenn County Board of Education did not have an immediate resolution. The board is expected to issue its decision about whether Tudesko will be allowed to return to class at Friday.
Tudesko's expulsion came after sniffer dogs alerted trainers to two shotguns and hunting ammunition in his pickup truck on Oct. 26. He and a friend had gone duck hunting before school. The truck was parked off campus.
Susan Parisio, Tudesko's mother, appealed to the Willows Unified School board, which upheld the expulsion. The appeal then went to the county board on Dec. 16.
The NRA and another gun rights group helped pay for the attorney fees to defend Tudesko. The gun rights element of the case has stirred controversy in a community with a large hunter population.
Marc Juhl-Darlington, Willows Unified School District's attorney, cited the education code in support of the expulsion, claiming schools have jurisdiction over student actions on or near school grounds, while on their way to or from school or during school activities.
Principal Mort Geivett told the board that based on that interpretation, he "had no choice" but to expel Tudesko. Tudesko's attorneys, C.K. "Chuck" Michel and Hillary Green, argued the school was not mandated to expel Tudesko because he did not take a gun onto school property.
"He was parked on a public street," Michel said, pointing out that the education code specifically states that mandatory expulsion is required for possessing guns "at school."
He interpreted that to mean on school property.
"Expulsion is mandatory only when an act is at school or school activity off school grounds," he said. "When the dogs alerted to the truck, it was not on private property."
A sign warning that no firearms and no alcohol are permitted on campus is "inside the gate," Michel noted, explaining no such signs are posted along the street next to the school.
He further argued that Tudesko was "not in possession" of a gun at school or during a school activity, since, when the dogs were alerted to his truck, he was sitting in class and did not have physical possession or immediate control of a gun.
Darlington told the board that to keep students safe, a school's jurisdiction extends beyond school property. One question the county board has to answer, he told them, is, "how far does the arm reach?"
A reasonable approach should have been used in deciding what disciplinary action, if any, to take, Michel said, explaining that Tudesko had been duck hunting before school is common practice in the community and that Tudesko did not present a threat.
Darlington said other factors entered into the Willows school board's decision to uphold the expulsion. Tudesko has a history of discipline issues at the school.
Tudesko admits to using foul language, calling teachers names, fighting and being disruptive in class. He has received 24 referrals for his behavior.
The school district contended that previous disciplinary measures — detention, Saturday school and even two suspensions — have not changed Tudesko's behavior.
Michel argued that none of the previous referrals related to Tudesko possessing a gun and, therefore, the application of that code does not apply. Darlington disagreed.
Green also argued that students did not get a "fair and proper notice of where the school is and where it isn't," so Tudesko could not have known what he was doing was wrong.
Geivett said his primary concern is school safety, referring to the 340 school-related shootings in the United States since 1994.
"What if someone else took the guns out his truck and used them against someone?" he asked.
"We have a safe campus," Geivett emphasized. "(But) I'm not going to bury my head in the sand and pretend that it will never happen here."
Government schools are evil.
“He has received 24 referrals for his behavior.”
I don’t agree with the latest gun suspension but back in my day of HS, this guy would be never made it to #5 referral.
And what if someone stole your car and ran someone over with it? Or what if someone stole a pen from your desk and stabbed someone with it? My goodness.
FU barrister. You have no such lease on another's life.
the truck was not on school grounds when the dogs alerted to it. I wonder what would have happened had the truck belonged to a non student?
Except that what he did WASN'T wrong. They have no jurisdiction outside their property line. Do you know how many schools have disclaimed responsibility for students' behavior on the way to and from school, when it meant they would have had to do something? They can't have it both ways. They want the authority without any accountability. Um, no.
"What if someone else took the guns out his truck and used them against someone?" he asked.
What if someone broke into the house across the street and stole a steak knife he subsequently used to stab a student on school property? Do you expect us to believe you have jurisdiction over what steak knives the neighbors may own? Do you really want to own responsibility for that?
Well it is Kalifornia, and they do have a 1000 foot rule, so they probably would have called the cops anyway. This turns more on a fourth amendment issue of why the school employees were using the dogs in the first place outside school property, and is evidence found in such a search actionable.
Or what if a police officer was visitng the school, went nuts, and starting shooting? What if someone took the officer’s gun and started shooting?
What if pigs had wings? Would you duck and cover when I herd flew over?
What if, what if, what if! Oh the humanity! Why, ANYTHING could happen!!! Shriek!!!!
EXACTLY! What if a secretary at the school tripped while running from the crazy cop and pushed a student through a display case and he died of puncture wounds? What if the cop in his crazed state forgot to put his car in park and it rolled backward down the street, killing several toddlers on tricycles eating ice cream? What if I laughed at your post, fell out of my chair onto my dog who bit my child in just the right spot so that she bled to death while I lay unconscious? The possibilities for 2nd-, 3rd,- even 4th-person-removed human tragedy are ENDLESS! How can I ever move from this spot again?!
sheesh.
Smells like unlawful search and seizure. Should sue for Civil Rights violations.
Ah ... sounds like they already had it in for the student, and were looking for any excuse to eject him.
Many jurisdictions consider one’s vehicle an extension of one’s home. Same jurisdictions often/usually exempt contents of one’s home from the “within X feet of a school” prohibition.
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I don’t agree with the latest gun suspension but back in my day of HS, this guy would be never made it to #5 referral.
While I largely agree, if this is an example of the school's rules, it might not be the kid who is to blame for his 24 referrals.
The parents are irresponsible for allowing their 17 year old son to have unsupervised possession of a gun at any time, when he has a behavioral history like this. If I'd been behaving like this at school, I'd have been totally grounded.
I think you made a wrong turn somewhere. Aren’t you supposed to be at DU?
No, I’m not supposed to be at DU. When a 17 year old is disrupting class by fighting, calling teachers names, etc, over and over and over again, his parents shouldn’t be rewarding him with the freedom to take a shotgun and pickup truck and go off hunting whenever he feels like it. The school should have kicked him out long before the gun issue surfaced. Just because the school’s claim to have the right to regulate gun possession off school property is idiotic and unconstitutional, doesn’t excuse the boy’s 24 prior instances of disruptive behavior IN school, or the boy’s parents’ failure to discipline him properly.
I hope you’re a member of the NRA.
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