Haas v. West Shore School District

915 A.2d 1254, 2007 Pa. Commw. LEXIS 26
Commonwealth Court of Pennsylvania·Decided January 29, 2007·Published·Cited by 3 cases

Opinions

OPINION BY

Judge LEADBETTER.

Steven Haas, on behalf of his son Justin, appeals from an order of the Court of Common Pleas of York County (common pleas), denying his appeal from the decision of the West Shore School District (the District). Steven Haas argues that the Board’s finding that there was alcohol in the iced tea bottle from which he admitted drinking is not supported by substantial evidence, and that Justin’s statement taken by administrators violates West Shore School District Policy 235. We affirm.

On October 6, 2005, the Red Land High School Administration investigated an incident involving the consumption of alcohol on school premises during school hours. Several students, including Justin, were implicated during the course of the investigation. Justin was fifteen years old at the time and was a tenth grade regular education student at Red Land High School in York County.

On October 13, 2005, high school administrators met with Justin to interview him in connection with their investigation. The administrators questioned Justin about the incident and then asked Justin to reduce what he said to them to a written statement. Justin’s statement reads as follows: “At lunch [T.C., another student at the high school,] had alc[o]hol in an iee[d] tea bottle. I didn’t beli[e]ve him so he gave it to me so I took a drink. I know Nicole had drank [sic] some prior to lunch.”

After the interview, the administration suspended Justin and moved to expel him [1257] pursuant to West Shore School District Policies 218 and 227. Policy 218 is the general student discipline policy, while Policy 227 deals with drug awareness. Under Policy 227, the term “drug” includes alcohol. Policy 227 generally prohibits the consumption, possession, or distribution of alcohol while on school premises.

On October 17, 2005, in compliance with 22 Pa.Code § 12.8(b), a notice of formal expulsion hearing was sent via certified mail to Mr. and Mrs. Steven Haas advising them of the date and time of the hearing. A formal expulsion hearing was held on October 27, 2005, before a duly authorized committee of the West Shore Board of School Directors (the Committee). At the hearing, Justin, through his counsel, entered a plea of not guilty to the charges of violating Policies 218 and 227.

The Committee conducted a two stage proceeding: 1) the guilt or innocence phase; and 2) if guilty, the discipline assessment or punishment phase. T.C.; Mr. Novosel, the principal of the high school; and Mr. Argot, the assistant principal, testified at the hearing. Justin’s attorney did not object to Justin’s written statement being admitted into evidence. The Committee adjudged Justin guilty of violating Policies 218 and 227 for consuming alcohol on school premises. The Committee recommended that Justin be expelled for a period of 80 days (or 18 school days) and be placed on probation until the end of the 2005-2006 school year. As a condition of his probation and return to school, the Committee recommended that Justin be required to complete a period of community service.

The Board of School Directors of the West Shore School District approved the Committee’s recommendations at a public meeting on November 17, 2005. In pertinent part, the Board found:

10. [T.C] gave alcohol (vodka) to Justin in an ice[d] tea bottle on October 6, 2005 while on the grounds of the West Shore School District after Justin requested the alcohol at lunch from [T.C.].
11. Justin admitted to Mr. Nov[o]sel that he consumed alcohol on October 6, 2005 while on the grounds of the West Shore School District.
12. Justin’s statement to the administration on October 13, 2005 was admitted into evidence as [exhibit] B-2.
18. In Justin’s statement, he admitted that [T.C.] brought alcohol in an ice[d] tea bottle at lunch on October 6, 2005 and also admitted to drinking the alcohol.
14. It is clear from Justin’s statement and from the testimony of [T.C.] and Mr. Nov[o]sel that before Justin drank the alcohol contained in the ice[d] tea bottle, he was informed and therefore had knowledge that alcohol was in the bottle.

Therefore, the Board concluded that Justin had violated Policies 218 and 227.

On December 15, 2005, Steven Haas appealed to common pleas. On February 13, 2006, common pleas issued an opinion and order affirming the Board’s adjudication and denying the appeal. In support of its holding, common pleas noted that “the student from whom [Justin] obtained the beverage[, T.C.,] was shortly thereafter given a blood alcohol test which showed alcohol in his system.” Common pleas consequently found “that based on a circumstantial inference the [Board] could permissibly find that there was alcohol in the drink container of [T.C.], and therefore, [Justin] also consumed alcohol.” In addition, common pleas concluded that the administrators had not required Justin to give a statement; rather they merely provided Justin with an opportunity to voluntarily do so. Therefore, common pleas [1258] found Policy 235 to be inapplicable. On March 1, 2006, common pleas issued an opinion pursuant to Rule of Appellate Procedure 1925(a) adopting its February 13 opinion. Steven Haas now appeals to this court.2

We begin by observing that this case is technically moot. Justin has served his expulsion, has served his probation, and has completed his community service. “Generally, the courts of this Commonwealth may not exercise jurisdiction to decide issues that do not determine the resolution of an actual case or controversy.” Flynn-Scarcella v. Pocono Mountain School Dist., 745 A.2d 117, 119 (Pa.Cmwlth.2000). “Exceptions to this general rule are made where the conduct complained of is capable of repetition yet likely to evade review, where the case involves issues important to the public interest or where a party will suffer some detriment without the court’s decision.” Id. Here, Justin will suffer a detriment without the court’s decision. This incident will appear on Justin’s school record, and he may also be required to report the incident on future applications. Thus, this case falls within one of the exceptions and we will not dismiss the matter as moot.

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Haas v. West Shore School District, 915 A.2d 1254, 2007 Pa. Commw. LEXIS 26 (Pa. Ct. App. 2007).

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