[SchoolMatters] Response to Daily Progress editorial on student conduct policies

Tue Jun 20 19:05:29 EDT 2006

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This message is not an official communication of the Albemarle County School
Board. It is a private, e-mail-only newsletter written by Brian Wheeler,
At-Large Member of the Albemarle County School Board. 
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I thank The Daily Progress for devoting its June 20, 2006 editorial ("School
policy complicated") to the discussion of Albemarle County Public Schools'
student conduct policies.  Speaking as one school board member, I think some
additional points need to be considered by the community.

The Daily Progress says schools should apply one standard to all students
(i.e. athletes and non-athletes) with respect to off-campus illegal
behaviors and that any disciplinary action by the schools should only be
taken only when there is a criminal conviction (not an arrest).

I agree that we should apply the same standard to all students, however,
when it comes to off-campus use of alcohol and drugs at the level that it
causes a material disruption to the school division, I think the schools do
have an important role to play in setting policy and disciplining students
who make poor choices.  

The editorial reported on the School Board's June 8th discussion that
improved education of students on the dangers of drinking was "the most
popular proposal."  Education is certainly an idea everyone will agree on,
but I think we need to look beyond what is popular and easy and ask what
policies need to be in place, ask what expectations we want to set for
off-campus behavior, and ask what series of consequences would lead to
better choices.

The Daily Progress highlights an important question: "Is it fair for schools
to punish behavior that did not occur on campus and did not directly damage
the school or its academic function?"  I do not think that would be fair,
nor do I think it would be legal in Virginia.  Recent court cases have
supported school boards disciplining off-campus behavior only when there is
a material or detrimental effect on the operation or general welfare of the
schools.  This has been the law in Virginia since the 1960s.  In the case of
the recent parties with arrests for under age drinking in both the Albemarle
High School and Western Albemarle High School communities, that standard of
a material disruption was clearly crossed in my opinion.

The editorial fails to discuss the following: 

1) schools are not subject to the standards of proof required by the
judicial system as state law allows us to discipline students for actions
based on testimony from the student and testimony and investigative work by
school staff-sometimes the school board takes action before a student's case
has been adjudicated in the courts, however for felony arrests, we often
suspend a student immediately (which would also take them off the playing
field) and hold off on a final decision until after the case is adjudicated.
Is the Daily Progress suggesting we shouldn't act on any criminal arrests
and we should always wait to discipline a student only when there is a
conviction?

2) there was no mention of the Athletics Training Policy that was signed by
our student athletes (and their parents) that explicitly prohibits
off-campus use of alcohol.  Is the Daily Progress suggesting that, since it
believes we should wait for criminal convictions, that this honor code
policy should not have been enforced or even written this way in the first
place?  The media has reported about 30 of Western Albemarle's athletes left
their teams in the middle of post-season competition because they declined
to re-sign the policy when asked by school staff to reaffirm they had been
following it, presumably many did not sign because of off-campus behaviors.

3) only the Athletics Training Policy was invoked in the aftermath of the
recent parties--the school division's general policy on Student Conduct
(signed by all students) was determined to not be specific or clear enough
to have placed students on notice that they could be disciplined for
off-campus behaviors, as allowed under Virginia law when the policies are
clear.

4) by Virginia law, the school division is only informed by the police about
certain types of misdemeanor arrests and convictions (e.g. underage
drinking) of our students when the student is age eighteen or older, or when
the incident happens on school property.

I think many in the community would agree we should have one standard for
all students when it comes to off-campus behaviors and that our student
conduct policies, and their consequences, can be improved.  We can all agree
education about the dangers of drugs and alcohol are essential.  We can all
agree parents have the most important role to play when it comes to the
off-campus activities of their children.  However, it would be a mistake to
limit our school policies, and thus our concerns about off-campus behaviors,
to apply only when we are informed of criminal convictions for students age
eighteen and older.  To do so would reinforce a "Don't ask, Don't tell"
interpretation that will contribute to the death and risky behaviors of more
young people in our community.

Brian Wheeler

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Brian Wheeler
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 <http://www.wheeleronboard.com/> http://www.wheeleronboard.com
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