Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My 13yr. old was said to have had marijuana in his book bag. This accusation was made by 2 other students who said they saw it. My son was then questioned by the dean of students and admitted to having the marijuana but that he threw it in the garbage. The dean then searched my son, his locker, his book bag, the garbage can, and went over video surveillance. Nothing was ever found. I was then called in for a meeting. The dean told me that my child would have to be drug tested before he could return to school. I took him for the test as soon as we left the school. The results were negative. As a result of this whole incident my son now has a mark on his record and is being looked at like he is some kind of hard core criminal. My question is: How can my child be disciplined for something that was never proven to be true?”
First, we just want to say that we are sure this must be a very frustrating situation for all involved. Unfortunately, without knowing a whole lot more facts, and without being familiar with the polices and laws of your particular state, we really can’t provide a lot of insight. For example, a key fact is whether your son is at a public or private school. Because you mention a dean, we can infer that it’s probably a private school (but maybe not), in which case the school would generally be expected to have a great deal more latitude than would a public school. In addition, you say that your son already admitted that he had the drug, so unless you are accusing your son of lying, it would seem that it was, in fact, “proven” to be true.
If you want to pursue this, you should talk with the school board (if a private school or if, if a public school, if your community has a school board), or the school district (if a public school).
Either way, given that your son admitted to having the marijuana, it seems that should be your first concern.
