Yorktown High School Freshman Sues District over Pot Suspension
A 14-year-old Yorktown High School Honor Roll student slapped a lawsuit against the district last week after being suspended for one year for possessing a marijuana cigarette at an after-school event.
The lawsuit was filed January 28 in the United States District Court Southern District of New York by Diana M. Carlino of the Chappaqua Law Office of Todd J. Krouner on behalf of the mother (referenced only as J.G.) of the student, who was only identified as A.S., and individually names Superintendent of Schools Ralph Napolitano, high school Principal Joseph DeGennaro and Assistant Principal Randall Glading.
According to the documents, which seek the return of the student, described as a Russian immigrant and a naturalized U.S. citizen, to the hallways of Yorktown High and expunction of the suspension from her school records, the mother and student expected a five-day suspension from the December 21 incident during a “movie night” at the school, but instead were “railroaded” by Napolitano, DeGennaro and Glading to agreeing to a longer suspension.
The lawsuit states a “waiver” the mother and student signed “under duress” stipulated the student would be suspended from January 10, 2013 to January 10, 2014 but would be readmitted on a probationary basis on April 15.
Meanwhile, on January 13, A.S., who has no prior disciplinary problems, received a letter from DeGennaro and Glading congratulating her on achieving “Honor Roll” status for the first academic quarter.
The lawsuit alleges the lengthy suspension for A.S. allegedly giving a marijuana cigarette to another student, who was not disciplined, was “arbitrary and capricious and does not adhere to principles of fundamental fairness” and is in “derogation” of the district’s Student Code of Conduct.
A portion of the Student Code of Conduct, cited in the lawsuit, states disciplinary action will be taken “only when necessary and to place emphasis on the students’ ability to grow in self-discipline.” Furthermore, it states disciplinary penalties will be imposed only after considering “the student’s age; the nature of the offense and the circumstances which led to the offense; the student’s prior disciplinary record; information from parents, teachers and/or others, as appropriate; other extenuating circumstances.”
As a result of the district’s actions, the lawsuit contended A.S. “has and will continue to sustain serious, irreparable academic, emotional and social harm.”
District officials said they were unable to comment on the lawsuit for legal and privacy reasons.
Adam has worked in the local news industry for the past two decades in Westchester County and the broader Hudson Valley. Read more from Adam’s author bio here.