[QUOTE=Spoons]
Maybe it’s just because we do things differently in Canada (or at least did when I was in high school), but I’m having difficulty understanding why the school and/or school board has any role to play in this.
When I was in high school, drug users and drug dealers, if arrested by local police, were subject to the Criminal Code of Canada, and possibly the Drugs and Controlled Substances Act (or whatever it was called in those days), and all the sanctions it contained, as passed by the federal Parliament. Conviction in a properly constituted court meant jail time, and jail time necessitated missing classes (suspension, if not outright expulsion for lengthy sentences). But no school ever launched sanctions against a student unless and until the student was found guilty in the correct court. In other words, the school waited until the criminal justice system rendered a verdict.
Do American students not have these privileges? It would seem to me that a publically-funded school saying that a student is guilty and enforcing sanctions against the same before the student has actually been found guilty by a properly-constituted state court violates the “innocent until proven guilty” doctrine that Americans seem to be so proud of.
I don’t wish to start a heated debate, and I am as anti-drug as anybody can be. But am I missing something here? If a person is arrested on drug charges but is found to be not guilty by a state court, what recourse do they have against the school/school board who has already initiated sanctions against them based on the fact that the school/school board thought them guilty?
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Again - only speaking from my own experiences as a board member and then as an administrator: Most high schools here have a police officer inside, working as a liaison officer. Most of what they do is educational, but they have a security role as well. When any student is found with anything suspected of being an illegal drug, the on-site cop is called, or if the school doesn’t have one - the local gendarmes are summoned.
Unless the student says “yep, that’s my stash of dope”, or even IF they do, the substance is vetted by the authorities before it’s called that by the school. And in every case, whatever charges should be filed, are filed.
The school is given authority by the state to act on internal disciplinary actions before a case winds it’s way through the courts. IANAL, but if one pops in to explain why that’s legal, welcome.