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Federal Judge Denies Yorktown Student's Request for Suspension Relief over Pot

According to court documents, the 14-year-old Yorktown High School honor student's grades are suffering following the suspension.

A federal court judge has denied a student's request for injunctive relief against a three-month suspension for marijuana possession during a school event, Yorktown district spokesperson Karli Wheeler said.

Yorktown school district administrators and legal representatives appeared in Federal District Court in White Plains on Monday, Feb. 11, before Judge Kathy Seibel, to defend their actions in the marijuana suspension case.

"At that time, the plaintiffs order to cause for a preliminary injunction against the discipline was argued and the judge denied injunctive relief, with the court noting that it was unlikely that the plaintiffs would succeed on the merits the case," Wheeler said in an email.

Since this litigation is still pending, there will be no further comments made to the public or press until the next court ruling is made, Wheeler said.

According to court documents, the 14-year-old honor student's grades are suffering following the suspension.

"The tutoring that I am receiving is ranging from virtually non-existent to inadequate," the girl said in an statement filed in U.S. District Court in White Plains. "It bothers me very much that the school blames me for my failing grades. In fact, it is the school that is failing in its responsibility to provide me with tutors when it chooses to suspend me. The blame seems backwards. I did not go from Honor Roll to class dunce in one month."

Kerry Lawrence, an attorney who has served as an Assistant United States Attorney for 10 years, has filed a statement against the school district. 

"In the many cases in which I have represented minors who have or may have been charged with crimes or acts of juvenile delinquency involving marijuana, and who are also facing or may face school disciplinary charges, I have never seen a penalty imposed by a school district as harsh as this one," she stated.

For further reading:

Yorktown School District Responds to Marijuana Suspension Lawsuit

Yorktown Girl Sues District Officials Over Pot Suspension

Steven Braham February 14, 2013 at 01:40 AM
Yet another hypocritical disgrace. Mandatory drug tests for all school administrators, instructors, and BOE employees. When they are without sin then they can cast the first stone.

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