Two teens sharing a diet peach iced tea during the school day last week was deemed suspicious at Batavia High School.
“I brought a few teas to school and when I got to lunch a friend wanted some in a cup,” the 16 year old 10th grade student says.
Afterwards the student says an administrator, who normally monitors the hallways, sat down at the table with them.
“I had no idea he was going to pull me out. Then after lunch he said, all right we gotta go the Assistant Principal’s office and you gotta bring your backpack.”
The student then asked what for.
“He said, I don’t know.”
So the student went and retrieved his backpack and was escorted by the administrator to the Assistant Principal’s office where Mrs. Burnham and Mr. Korzelius were waiting.
“They said we need to search you. A teacher said that you have alcohol in your drink and you were sharing it with a kid. I told them you can search me, but I know there is nothing in my drink.”
“They searched me, they breathalyzed the drink and me and they didn’t find nothing. They had me take off my jacket and search my backpack and jacket and after that they told me I could go.”
The school does allow students to bring in drinks to the cafeteria the student says, but it has to be a sealed clear bottle so they can see what is in it. The student says some teachers also have allowed drinks in class.
“I was just confused,” says the student.
“Throughout this whole thing none of the teachers approached me about it, and all of a sudden this just happened.”
“I’m not a kid that gets in trouble and stuff, they just kind of brought me in the office and searched me for no reason at all.”
The student says the friend sitting at the lunch table was not called in and they were also confused about the situation.
“The Assistant Principal said that they searched another kid that I supposedly shared it with, but there was really no other people I shared it with.”
The student says he did not call his mom afterwards.
“I didn’t call her at the time, I just was confused. I thought they would have called her, because that is usually something they would call about if they had a suspicion.”
So when the student came home after school on February 27th, mom was advised by the student what had happened.”
“He told me the whole story and first thing Thursday morning I called them,” says Mom.
Speaking to the Vice Principal Mr. Korzelius over the phone she asked, “Why would you do this, why didn’t you call me?”
Mr. Korzelius apologized immediately for not calling the student’s mom.
Korzelius advised the student’s mom that at about 11:15a.m. February 27th, a teacher reported that two students were sharing a beverage in class and it had a distinct smell that she thought could potentially contain alcohol. The teacher indicated that the shared beverage appeared to be a soda/coke type of beverage. When the students were located they did not appear to be under the influence so police were not contacted. As per past practice, the students were searched for beverages. One ice tea beverage was found and tested with an alcohol wand, it tested negative for alcohol. When asked the student agreed to breath into the alcohol wand and the test indicated that they did not consume any alcohol. We were satisfied with the result and the students returned to class. We apologize for not immediately calling the student’s mom after we completed our procedure.”
The student’s mom says she is upset that her son was a target.
“This is not a joke, my kid does not drink, how does a peach tea smell like alcohol?”
The student says he was told to blow into the wand and felt like he had no choice but to do it.
“They were just like, can you come up here and blow into the thing and then we will see if it comes back, I had to blow into it two times because the first time it didn’t work I guess, the second time I had to blow into it again for longer until the lights were green. Then after that came back negative, they had me take off my jacket and they searched my backpack after that.”
“There were three people in there and I was scared because I have never been searched before.”
The student’s mom says he has never been in trouble at school and has never been in trouble with the law. Now the student feels uncomfortable at school and feels like he is being watched.
“These kids are supposed to look up to these people and go talk to them, if they are going to do this stuff to them and make them feel violated, how are you supposed to go talk to them. You’re supposed to be able to trust the school administrators.”
The student’s mom is hoping that this never happens again to a student without parent’s permission and is hoping for some sort of policy in regards to the use of a alcohol screeners on students.
Superintendent Christopher Dailey says, “When we have a reasonable suspicion of a student to be in possession of and/or under the influence of alcohol it (the alcohol screener) may be used.”
The Lion AlcoBlow screeners were donated to the school in 2017 by Stop-DWI and local law enforcement. At the time the district said the new tool could be used to check for alcohol use by a person in a group of people at school functions.
The use of the screeners is not mentioned in the District Policy Manual or the current Code of Conduct.
Attorney Frank Housh, an attorney from Buffalo who specializes in Education Law, says that with the absence of any written policy and training, reasonable suspicion is undefined.
“Unless there is a policy about who can wand a kid and what is reasonable suspicion then kids will be randomly hassled, “says Housh.
Housh says there are four critical issues involved.
Does using the screener violate the 4th amendment right, is it reasonable to be used/ has the District determined if there is an alcohol problem, can they check anybody at school and is it suspicionless /being done without any reason to bring about a search, a lot like a DWI checkpoint.
In checking the District’s Policy Manual on searches and interrogations this is what appears on the topic:
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Students
SUBJECT: SEARCHES AND INTERROGATIONS OF STUDENTS
A student may be searched and prohibited items seized on school grounds or in a school building by an authorized District official only when he or she has reasonable suspicion to believe the student has engaged in or is engaging in activity which is in violation of the law and/or the rules of the school (i.e., the District Code of Conduct). The reasonableness of any search involves a twofold inquiry:
- School officials must first determine whether the action was justified at its inception, and
- determine whether the search, as actually conducted, was reasonably related in scope to the circumstances which justified the interference in the first place
Factors to be considered in determining whether reasonable suspicion exists to search a student include:
a) The age of the student;
b) The student’s school record and past history;
c) The predominance and seriousness of the problem in the school where the search is directed;
d) The probative value and reliability of the information used as a justification for the search;
e) The school official’s prior knowledge of and experience with the student; and
f) The urgency to conduct the search without delay.
- If reasonable suspicion exists to believe that a student has violated or is violating the law and/or school rules, it is permissible for an authorized school official to search that student’s outer clothing,
pockets, or property. The search may include, but is not limited to, the student’s outer clothing such as a jacket or coat, pockets, backpack, and/or purse. Whenever possible, searches will be conducted by a
staff member of the same sex as the student and another staff member will be present as a witness.
- Strip Searches
A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. Strip searches are intrusive in nature and are almost never justified. If school officials have highly credible evidence that such a search would prevent danger or yield evidence, such a search may be conducted under exigent circumstances. In the alternative, if school authorities believe there is an emergency situation that could threaten the safety of others, the student will, to the extent practicable, be isolated and secured. Police and parents will be contacted immediately.
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Students
SUBJECT: SEARCHES AND INTERROGATIONS OF STUDENTS (Cont’d.)
Scope of Search
School officials are authorized to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will produce evidence that the student has violated or is violating the law and/or the Code of Conduct.
School officials, whenever possible, will seek the least intrusive means to conduct a search to safeguard the privacy interests of students in their person and property.
Searches and Seizure of School Property
Student desks, lockers, textbooks, computers, and other materials, supplies or storage spaces loaned by the school to students remain the property of the school, and may be opened and inspected by school employees at any time without prior notice and without their consent. The purpose of these
searches, when they occur, is to ensure the safety of students, faculty, and staff, enhance school security and prevent disruptions of the learning environment. Students have no reasonable expectation of privacy with respect to school property; and school officials retain complete control over such property. However, a student’s personal belongings contained within a locker, desk, etc. are subject to the reasonable suspicion standard for searches by an authorized school official.
Parent Notification
The student’s parent or guardian will be notified if any illegal, prohibited, or dangerous articles or materials are found in the student’s locker, vehicle, or other property or possessions, or on the student’s person, as a result of a search conducted in accordance with this policy.
Documentation of Searches
The designated school official conducting the search will be responsible for the custody, control and disposition of any illegal, prohibited or dangerous items taken from the student. The school official or his or her designee must clearly label each item taken from the student and retain control of
the item(s) until the item(s) is turned over to the police or secured by alternate means.
This school official will also be responsible for promptly documenting information about the search including, but not limited to, the reasons for the search, the purpose of the search, the type and scope of the search, and the results of the search.
The Batavia High School Code of Conduct says this about the topic:
XIV. STUDENT SEARCHES AND INTERROGATIONS
The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly.
To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the District Code of Conduct.
Students are not entitled to any sort of “Miranda” type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student.
In addition, the Board authorizes when appropriate, the Superintendent, Building Administrator, School Nurse, District Security officials to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the District Code of Conduct. An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.
Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.
Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.
A. Student Lockers, Desks and other School Storage Places
Students may be assigned lockers in which they are allowed to store their personal property. These lockers are school property and can be inspected or searched at any time. While students are assigned a lock or
combination, this lock is for the purpose of protecting the students’ property and does not create an expectation of privacy. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places remain school District property and are subject to inspection and search at any time by school officials, without
prior notice to students and without their consent.
B. Police Involvement in Searches and Interrogations of Students
District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment.
Police officials, however, have limited authority to interview or search
students in schools or at school functions, or to use school facilities in connection with police work. Any representative of an outside agency must have permission of the building principal or designee before
interviewing a student. Such permission will be in accordance with established procedures.
Police officials may not have access to a student for questioning about a crime alleged to have been committed by the student unless they meet one of the following criteria:
1. They have a warrant for the student’s arrest; or other court order authorizing the student’s removal;
or
2. They have probable cause to believe a crime has been committed by the student on school property or at a school function, or
3. They have been requested by school officials to investigate a reported or suspected crime.
Before police officials are permitted to questions or search any student, who is suspected of committing a crime the Building Administrator shall first try to notify the student’s parent to give the parent the opportunity
to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questions or search, the parent shall be informed of the questioning or search, in writing, by the Building
Administrator as soon as thereafter as possible. The Building Administrator will also be present during any police questioning or search of a student on school property or at a school function.
Students who are questioned by police officials on school property or at a school function will be afforded the
same rights they have outside the school. This means:
1. They must be informed of their legal rights.
2. They may remain silent if they so desire.
3. They may request the presence of an attorney
The District did not respond as far as if the use of the alcohol screener will now be included in District Policy or the Code of Conduct.