A Truly Outrageous ZT Nightmare At Eufaula High School
Here is a classic example of how zero tolerance policies are doing incredible
life long damage to innocent kids. This story is extremely outrageous!
Absolutely no good is accomplished for anyone by this moronic adherence
to this Zero Tolerance policy. The student whose future is now very much
compromised did nothing wrong!
In my opinion, it is a heinous act of cowardice
for these school officials to hide behind, "the policy made us do it." They
should all be replaced with aardvarks. Aardvarks would use more discretion,
judgment,
common sense and they would lend more humanity to this situation than
these bureaucrats appear capable of. Read Dr. Wesley's story and see
if you do not agree with me.
Dr. Wesley Marner's Story:
Hunter Marner of Eufaula, Alabama is a junior at Eufaula High School
starting this fall. He has been an honors student with straight A+ average
the entire sophomore year while participating in 1st string varsity athletics.
A very focused youth with plans to attend Annapolis Naval Academy.
A drug search was performed on students autos in which no drugs were
found. During the search a scrapper blade and small pocket knife that
I had used the night before while replacing the metal anchor for the
rearview mirror on the front windshield of the auto. The instruments
in question were carelessly left there by myself the night before were
used to scrap the old glue from the window and open the repair kit from
Walmart. Being his father and responsible for the offense I have taken
responsibility to no avail with the zero tolerance policy used in our
town's public school.
We have followed instructions in the school's code of conduct manual
in accordance to its directions. After discussion with school officials
I was told by the principal I had no recourse and the penalty of 3 days
suspension and 45 days alternative school would ensue at the beginning
of the next school year since this occurred during the closing days of
the present school year. I attended a public school board meeting after
getting no where with the school board superintendent (Dr. Susan Lockwood)
and requested a hearing which I was denied. They informed me via certified
letter the case was closed.
I am left with a highly focused, high achieving student that has his
future career of choice stripped from him as Annapolis requires athletic
accomplishment as it does scholastic achievement. Since Hunter is barred
from athletics, school extracurricular activities, removal from the National
Honor Society (with no option of being re-inducted) ; he is effectively
being forced into tracking for a lesser career since the penalties incurred
would remove him from his ability for admission to the Annapolis Naval
Academy. He is also at risk for losing his high academic standing with
removal from the classroom for 45 day and educational training not available
in the alternative school setting.
I am a well known person in the community (a family practitioner) and
attend to the medical needs of over half of our town. The public support
for our dilemma in our town is immense. All of his teachers have written
character reference letter in his behalf with flaming support. All have
attested to his model behavior and noted desire to achieve. They all
are aware of my own strict discipline in our home and demand of him for
respect and responsible behavior.
I know I am the cause of this unjust situation impelled upon him and
have no idea how to put it to rest and correct a wrongful situation from
becoming worse. Legal counsel locally have wanted to assist but believe
it a losing battle to progress in a litigation against the city school
system here in Eufaula.
In reviewing other available schools in the private sector there are
none with a challenging curriculum that would see him into his career
choice. I cannot transfer him to other public school as the penalty would
be transferred and would still negate his chances of appointment to the
naval academy.
Sincerely,
Dr. Wesley Marner
June 8th Update!
just an update. met with legal counsel last evening and
they very much believe we have a winnable case in light of both procedural
dealings and with due process. The check I am writing has made us liquidate
items our family dearly enjoy but still believe it a noble and honorable
cause---we are selling our airplane (c-172) to cover the expenses. If
you know anyone that needs one let us know. We just don't have that kind
of dollars put away for something so unexpected. 10,000 up front is a
lot of dough.
Any how we should have an injunction by next Thursday week. We are visiting
Admiral Farrugut prep school for the navy in Saint Petersburg next Wednesday
in hopes of enrolling Hunter this fall to continue his quest for Annapolis.
22,500 for boarding school with a large portion up front. I hope the
banks are still friendly!
It saddens me to think what less fortunate families would have to settle
for with achieving children. Pray that we prevail for the good of all
the kids that follow in our children's footsteps that they don't fall
victim to this outrage.
Thanks always for your help--we will stay in touch.
Dr. Wes
Tolerance's Two Cents:
Dr. Wesley could just send Hunter to the private school he mentioned.
He is fighting this in court because it is the right thing to do. He
knows that if he prevails it will make a difference with respect to Zero
Tolerance in Alabama and potentially the nation. Thank You Dr. Wesley
Marner! Thank you on behalf of all those who will benefit from your battle!
07/29/01 Update
This is a second hand update. That is, it is Tolerance's words but
the information source is Dr. Wesley.
Dr. Wes and his son Hunter go to Federal Court this coming Tuesday (August
1st, 2001 before the honorable Harold Albritton. They are seeking an
injunction to at least temporarily reverse Hunter's expulsion pending
a formal hearing on the merits of the case. There are a number of criteria
that must be met for Judge Albritton to be able to issue such an injunction.
I (Tolerance) am not sure I know what all of the criteria are but here
are some important ones:
The judge needs to be convinced that there is a reasonable probability
that the plaintiffs (Hunter and Dr. Wesley) will prevail when their case
gets a full hearing before the court.
Dr. Marner's attorney needs to convince the judge that Hunter will suffer
irreparable damage if the injunction isn't issued
And that the defendants (the bad guys) will not suffer irreparable damage
Lastly that the "balance of equities" is in favors of granting
the injunction and/or returning Hunter to school and removing the expulsion
from his records (I think this means that all things considered issuing
the injunction is the right thing to do).
I (Tolerance) think they have good chance to get the temporary injunction.
If they do than maybe the school district will relent and it will end
there. But collectively getting the injunction and it ending there is
probably a long shot. The Courts don't like to reverse school boards
regardless how outrageous their behavior is. But I am hoping that Judge
Albritton will do the right thing. Deference to administrative bodies
and/or school boards was never meant to enable the systematic abuse of
discretion known as ZERO TOLERANCE..
August 25 Update:
Dr. Wesley informed me that he withdrew the injunction request
I wasn't clear exactly why so I asked him if it was because his son was
already enrolled in a private school and had bitter feelings now towards
his public school? Here is his response:
Dear Tolerance: It would be very correct to say that the hurt is very
real and a deterrent to his returning to EHS this school year. The injunction
that we dropped however was filed prior to our enrolling him in the naval
academy. As you know the wheels of justice sometime turn slowly and in
knowing the dilemma of Hunter's situation he had to make a decision about
his education for this year prior to the courts review of his case. The
deadlines for places for alternate educational opportunities that would
offer him the curriculum he needed required his commitment and finances
to be in place prior to relief by the federal courts scheduled hearing.
We gave Hunter a choice about what he wanted to do knowing full well,
despite how right we believe that we are; that Hunter may full well still
be barred from the classroom and from extracurricular activities that
indeed would still later hinder his matriculation in a career he had
chosen much earlier. The educational opportunity was one that Hunter
could not wait upon unless he took a chance at unfavorable judgment by
the courts.
Fortunately at The Admiral Farragut Naval Academy the administration
after having been fully informed about Hunter's situation interviewed
him privately out of our presence and made their own character evaluation
of Hunter and subsequently accepted him. This was in spite of the fact
that their policy handbook clearly states they will accept a student
who has been a behavior problem as there are ample candidates for the
approximate 60 slots a year to their institution. Hunter is now one of
those 60 admitted from across the U.S. and foreign lands.
As a matter of interest, this past week I had a teacher from EHS stop
by my clinic and hand me a student handbook containing all the new changes
that the school board has already made since all these problems began.
She even had the changes from the old to the new handbook underlined
and stated she thought they may help our case and wanted me to forward
it to my attorneys. Quite interesting, isn't it!!
Feel free to print this letter if you please as you know I appreciate
your help in transfer of info to other parents and students that may
benefit from ongoing knowledge of our situation.
Sincerely,
Dr. Wesley Marner
P.S. The judge appreciated us for not wasting federal court time with
the injunction since school deadlines had passed and it would do Hunter
no good. Our case will still be pursued and the judge plans to assign
it directly to federal court. The date set for discovery on the case
will be late September. Public support has been and continues to be tremendous---hard
even for us to believe. My attorneys have informed me this story is a
hot item even in Montgomery a hundred miles away. Continue to say yours
prayers for us and who knows........
|
