Judge: No putting off honor code punishment
A Yarmouth High athlete must continue school substance abuse counseling while a suit is pending.
By Jenn Menendez jmenendez@mainetoday.com
Staff Writer
PORTLAND - A federal judge ruled Tuesday that a student athlete who was caught holding a beer in a photo on Facebook will continue to get substance abuse counseling at Yarmouth High School, as called for in the school's honor code.
Related headlines
The 16-year-old lacrosse player sought a temporary restraining order to block that part of her punishment. She was denied by Judge D. Brock Hornby after a hearing in U.S. District Court.
The girl, who is not being named by The Portland Press Herald because she is a minor, has also been suspended from games for three weeks and can't go on a team trip next week.
Her parents and their attorney, Michael Waxman, sued Yarmouth school officials last week, challenging the constitutionality of the honor code and claiming the girl's civil rights were violated during the school's investigation. She admitted she held a beer in the photo on the Web site.
Tuesday's ruling weakened the parents' case, said Yarmouth School Committee Chairman David Ray.
"This is one of those examples where the law is exactly what our common sense would be," said Ray, who attended Tuesday's hearing. "What Mr. Waxman is trying to do here is create a mountain out of a molehill. To me, Judge Hornby was sending a strong signal he doesn't see a lot of merit in the claims Mr. Waxman is making. I'm very hopeful Mr. Waxman will understand this isn't the forum for him to express his personal beliefs on the honor code."
Hornby ruled Waxman was unable to demonstrate that his clients likely will prevail when the case goes to trial, as required before a temporary restraining order can be issued, and that the school's need for an enforceable honor code trumps the girl's need for relief from the school punishment.
Waxman, who lives in Yarmouth and has a practice in Portland, said after the hearing, "I'm a little disappointed. I was hoping, at the very least, the judge would permit this family to choose an appropriate mental health worker."
The girl will have four more counseling sessions with Jill Frame, the school's substance abuse counselor, to complete the mandatory six sessions before she can return to playing lacrosse.
Waxman said his client decided that she didn't want special treatment and dropped a request to be reinstated to her team while the matter plays out in court.
Yarmouth High's honor code is a four-page document that students must sign to participate in sports or other extracurricular activities. Students pledge that they won't use alcohol or tobacco, haze other students or take part in anything that might embarrass the school during the school year -- on or off school property, in or out of their activity's season.
The lawsuit names Frame, Assistant Principal Amy Bongard, Principal Ted Hall, Superintendent Judy Paolucci and the Yarmouth School District as defendants.
According to the lawsuit, the girl was called out of her math class to go to Bongard's office, where she was shown the photo of her holding a silver can and told that school officials knew she had violated the code. The girl said she was questioned for 20 minutes and felt forced into confessing, the suit says.
Melissa Hewey, a lawyer with Drummond Woodsum & MacMahon who is representing the defendants, told the judge Tuesday, "This is a matter that should not be in federal court. This is a code permitted by state statutes. It is important to point out what we're talking about here is illegal conduct."
Hewey said the code's role is "not unreasonable. That is not delving into private lives."
The lawsuit will still move forward, but Waxman said he will consider dropping it if school officials agree to some type of open forum for parents and students to have input on the code.
"Let's have a debate," Waxman said outside the courthouse. "There's lots of strongly held views on this subject."
Principal Hall said the decision should help students at his school return to what he called "some sense of normalcy."
"I'm pleased with this decision," he said.
Staff Writer Jenn Menendez can be contacted at 791-6426 or at: jmenendez@pressherald.com
Were you interviewed for this story? If so, please fill out our accuracy form
Most...
Copyright ©2010 MaineToday Media, Inc.
53 COMMENTS
Do2nT said...
This girl's parents ought to be charged with child abuse. I just cannot believe the best interests of their child were served by bringing a suit of this nature. What could they have been thinking?
April 14, 2010 at 1:06 AM Report abuse
Jack24 said...
The parents could have taought this poor girl a good life lesson. "Do the crime you got to do the time" Instead they teach this young lady that rules do not apply to us let's get a lawyer and file a law suit! What a disatster these parents are!! God help help them!!!
April 14, 2010 at 5:58 AM Report abuse
david68 said...
The parents are the ones who need an "appropriate mental health worker". Also shouldn't the parents be charged with furnishing a place for a minor to consume alcohol, WTF???
April 14, 2010 at 6:08 AM Report abuse
punk51 said...
sounds like the parents could use some mental health intervention....
April 14, 2010 at 6:40 AM Report abuse
jo said...
Say it ain't so- common sense prevailed- what is happening to us; about time. Do you remember the Humvee incident in Yarmouth a few years ago. It involved underage drinking and parents going off on the deep end- not on the kids but the poor Humvee and driver- they held the Humvee hostage and ripped off the gas cover when the driver returned the kids. That mean driver didn't let them attend the prom because they broke their contract not to have alcohol in the limo.
April 14, 2010 at 6:55 AM Report abuse
bdawg said...
The parents of the girl are idiots. I read in another article that the girl not only admitted holding the can, but drinking the beer. Let's see...if I had a 16yo that was drinking and posted it on Facebook, I would put my child into substance abuse counseling and she certainly wouldn't be playing lacrosse - even after her suspension was over - she would miss the rest of the season. I'm sure the girl received all kinds of cr*p from her schoolmates about her parents lawsuit - the other kids were probably relentless on her. Nice way to teach your child to be a fine upstanding citizen. I'm sure this won't be the last time this girl or this family will be in the news. The lawyer sounds like a piece of work. He'll drop the lawsuit if they agree to a public forum? This guy has his own personal agenda.
April 14, 2010 at 7:16 AM Report abuse
Mainer123 said...
Can you imagine what would happen if schools were required to invite parents and attorneys anytime a student is disciplined for anything? The worst punishment for this student is the embarrassment and humiliation caused by her parents.
April 14, 2010 at 7:25 AM Report abuse
justducky said...
As this girl gets older, she , like the rest of us, will learn that there are rules & restrictions in all walks of life. Not all can be ignored or chalenged without consequence. Something that the parents should be installing. Let's hope that she has learned that not only her, but her parents actions were wrong, and they think before they (her & parents ) act. As far as this taking place after school, take a look at professional sports. their players are penalized and even banned (Pete Rose come to mind?), from the sport they love, all for actions off the field.
April 14, 2010 at 7:31 AM Report abuse
homeboy said...
Finally,some common sense has been injected into this situation!Here come da judge!
April 14, 2010 at 7:41 AM Report abuse
mutt said...
Good educational moment here. Lower the drinking age to 18 require classes and an exam much like we do to drive a car. After seeing the carnage of binge drinking an the complete ignorance of how and why to consume alcohol if u choose to, 129 college presidents are trying to implement this. Drinkresponsively.org makes perfect sense. Maybe attornys waxmans time would be better spent promoting the ideas here around alochol education then trying to get one misguided kid out of trouble.
April 14, 2010 at 7:44 AM Report abuse
firstover said...
I'm sure that Waxman will find a way to keep this case going because the family might still have some money.
April 14, 2010 at 7:44 AM Report abuse
JazzBox said...
What? The kid signed something and is now being held accountable? This won't stand!!
April 14, 2010 at 7:49 AM Report abuse
ModerateOne said...
Lawyers involvement in school sports is getting troublesome. First Indiana Faithful and the Cheverus situation, and now this. These kids, and their parents, are shameless.
April 14, 2010 at 8:00 AM Report abuse
squiggles said...
Sounds to me like the parents need counseling as well as their daughter, except they need counseling in how to bring a child up. What a pair of idiots to even think it's ok for a 16 year old to be photographed with a beer. Uh, underage drinking????? It's a no brainer and the parents have brought all of this to the public's attention that they think it's alright for their teenager to drink. Makes you wonder, doesn't it. Sounds like the whole family feels they are above the law and will do just as they please. Boy, 16 and drinking and the parents think nothing of it outside of taking it to court. Glad I'm not related to them. This has to stop. There are already too many white crosses across the state from deaths of teenagers drinking and driving.
April 14, 2010 at 8:03 AM Report abuse
David said...
It would be poetic justice, indeed, if the publicity surrounding this bogus lawsuit got the police involved and Waxman's young client ended up being charged with underaged drinking. She did confess, after all, and now there are sworn affidavits on file that make the case a slam dunk. And, Waxman's "demand" for parental involvement on the code? There was! And the school had already requested a review of the policy with parental involvement. I suppose he'll later acknowledge this and claim victory.... [roll eyes]
April 14, 2010 at 8:16 AM Report abuse
TEN33 said...
Reading comments from this article as well as one other, I wonder if the parents are now wondering if they opened up a can of worms? The parents only want the best for their daughter, they want her to stand out in life, well they now have their poor daughter at center stage! If you have the money there are many attornies standing at the door regardless of the merits of the case. Without question the parents are reading every comment posted. I pray they also have learnt a valuable lesson.
April 14, 2010 at 8:30 AM Report abuse
SH said...
What is the "Cheverus situation"??
April 14, 2010 at 8:57 AM Report abuse
singer said...
What kind of parents does this girl have? It seems like they don't care what the girl does. What happens if the girl drinks, drives and gets killed? Who will they blame then? She shouldn't have signed the contract if she didn't mean to respect it. It boggles my mind that the parents are taking this to court. Shame on them!
April 14, 2010 at 9:32 AM Report abuse
MM said...
Students sign a code of conduct agreement and then don't like the consequences? Two things wrong with this picture. One, signing the code of conduct is a binding contract; two drinking under the age of 21 is illegal. By the way… where and who did she get the alcohol from? Why aren’t the parents asking these questions? Instead they’re worrying about their daughter’s so called unfair punishment. It’s funny how they’re o.k. with her signing the agreement until she breaks the agreement. Let her learn responsibility and consequences of her actions.
April 14, 2010 at 9:38 AM Report abuse
SL said...
Waxman...a discussion? There is no need for a discussion, the rules are fair and kids need to be held accountable. She was breaking a state law, not just a rule. Or don't laws apply to teens with lawyers? Is that what you want to have a discussion about? This Judge did the right thing and the parents did the wrong thing. They were the ones that pushed this into the spotlight, I am sure embarassing their daughter. It's to bad that more school don't stick to an honor code, I know at SP they are very strict and parents don't hire lawyers to decide these things, they talk to the AD and Principle..then let the kid be accountable.
April 14, 2010 at 9:47 AM Report abuse
riots33 said...
Hey Mom and Dad-define accountability and responsibility. Your child might learn something if you know the meaning of either.
April 14, 2010 at 10:16 AM Report abuse
RHS said...
Some parents..........sheese
April 14, 2010 at 10:16 AM Report abuse
LizieD said...
The girl and her parents know it's illegal for her to drink. So why on earth fight the natural consequences of her being caught? Perhaps they hope she'll be inspired to become an attorney? If so, she'd better get out of the habit of posting her illegal activities on Facebook...
April 14, 2010 at 10:37 AM Report abuse
TinaMarie said...
Hopefully the negative attention this girl and her situation are getting will seep in and give her some clarity to finally realize what she did was wrong. The parents are acting shameful. Way to teach your child there are consequences to your actions. She got caught, she suffers the consequences. Period.
April 14, 2010 at 10:49 AM Report abuse
ModerateOne said...
SH, Indiana Faithful ended his forth year of high school mid way into the basketball season. He was declared ineligible for the remainder of the season. Then, right before the tournament started his parents took legal action. They got him reinstated, and Cheverus, where winning is the only thing, played him.
April 14, 2010 at 10:51 AM Report abuse
mjwaxy said...
You people are completely missing the point. Is it really ok for the school to become a Superparent, governing behavior that takes place on kids' private time and that has no impact upon the school? Why? Why can't parents and law enforcement handle this? And by the way, do you REALLY think that adolescents won't experiment with alcohol from age 10 through 18 if a Code exists? Really??? Keep your head in the sand if you hold that view. It is not realistic. Be honest and think about your youth.
April 14, 2010 at 11:08 AM Report abuse
riots33 said...
mywaxy..you r missing the point. Of course adolescents will 'experiment.' But don't cry stupid when a contract is signed by student and parents, the contract is violated and a penalty is imposed. Stupid is as stupid does -student/ mom and dad.
April 14, 2010 at 11:53 AM Report abuse
wayne said...
In the old days you wouldn't tell your parents about this because they would punish you too!
April 14, 2010 at 12:05 PM Report abuse
greenmom said...
mjwaxy--sorry i just found out i have the wrong person. not your kids. oops
April 14, 2010 at 12:37 PM Report abuse
TinaMarie said...
she signed a contract saying she would not participate in behavior that was forbidden. she participated in behavior that was forbidden. she got caught. she should suffer the consequences. i remember what it was like to be 16. it wasn't that long ago for me. I had to sign similiar contracts when i played sports in high school and college. i knew what the consequences were if i broke those contracts. i chose to follow the contract as signed. a contract like this is essentially a warning. she didn't take the warning seriously. she is now living out the consequences of her stupidity. it's a life lesson and hopefully she learns something (positive) from it.
April 14, 2010 at 1:23 PM Report abuse
JackinSoPo said...
Note to SL - In SoPo if you threaten the AD with a lawsuit and have the money to back it up, your child will play hockey while his drinking buddies get suspended and the girls who couldnt afford lawyers get removed from the basketball team. Had they not skyped on school owned computers about their dubious behavior then they probably would not have been caught. SoPo has more than its fair share of kids drinking and doing drugs, and parents who think "kids will be kids". As far as this article - thank god their are still adults who see this behavior as WRONG and ILLEGAL!
April 14, 2010 at 1:24 PM Report abuse
privateer said...
Our undergrad school systems ranks 17th in the world...17th. ------ And WTF that does that have to do with a student swilling a beer despite a written promise not to do so???? And don't waste your breath on arguing about schools and control blah blah. If parents parented their children and pass along solid values, there would be need of few rules.
April 14, 2010 at 1:31 PM Report abuse
bdawg said...
Hopefully the girl will learn a lesson from this. Her parents should be thankful this happened now. It has been on the news that colleges review Facebook & My Space accounts to see the sorts of things that applicants are posting. Same thing happens in the work force - when you go to get a job. Maybe she'll smarten up and won't post similar stupidity and be able to actually get into a decent college without her parents suing her way in.
April 14, 2010 at 2:35 PM Report abuse
padman23 said...
Here is a thought.....How stupid is this girl to have put this on Facebook in the first place knowing that it will be seen by many....As phineas and ferb on the disney channel say if you wouldn't do it in person don't do it on the web.
April 14, 2010 at 3:08 PM Report abuse
OlderthanDus said...
"Her parents and their attorney, Michael Waxman, sued Yarmouth school officials last week, challenging the constitutionality of the honor code and claiming the girl's civil rights were violated during the school's investigation??" This child wasn't taught by her "parents" to be responsible for her own actions, and her parents should be the ones given a huge time out -shame on them!!
April 14, 2010 at 3:32 PM Report abuse
Jaylea said...
"Yarmouth High's honor code is a four-page document that students must sign to participate in sports or other extracurricular activities. Students pledge that they won't use alcohol or tobacco, haze other students or take part in anything that might embarrass the school during the school year -- on or off school property, in or out of their activity's season." Did the kid sign it? Okay, then. Case closed. As a high school student I knew better than to be seen with alcohol if I wanted to be able to continue to play sports. Perhaps this will be a lesson to this kid that she shouldn't have photos of her taking part in illegal activities on the internet. There is NO common sense in this generation.
April 14, 2010 at 4:33 PM Report abuse
nillabean said...
in the midst of a recession it must be nice to afford to pay a lawyer to get your kid off the hook for illegal activity so she can play lacrosse. The girl is lucky she didn't get arrested and her parents are lucky they don't get arrested. I feel bad for yarmouth tax payers who have to pay for the school district's defense for DOING THEIR JOB! Stupid stupid stupid!
April 14, 2010 at 6:16 PM Report abuse
lovinit said...
nillabean sorry recession is over. Made another pile of money today. Stocks up 105, cha ching, cha ching. Easy money.
April 14, 2010 at 6:41 PM Report abuse
sonoftwig said...
mjwaxy: Clearly, the parents are not handling this appropriately and the school is demonstrating greater wisdom. Yes, kids will experiment with risky behaviors whether honor codes exist or not. How is that a reason not have codes/rules/expectations? Apparently, the rules were okay with this kid, but not the consequences of violating them. Should we give up on rules because they don't work some of the time? Should we stick our heads in the sand, to use your phrase, because we might have made some of the same stupid mistakes when we were young? It is realistic to think that we learn from our mistakes, and some young people might benefit from our experience.
April 14, 2010 at 6:53 PM Report abuse
common_cents said...
Meanwhile, in European schools students are allowed to drink in the SCHOOL CAFETERIA. ? Did the parents sign the honor code? Can a minor legally be bound by this 'contract'? Can the parents as de facto signatories? What is their punishment???
April 14, 2010 at 7:07 PM Report abuse
grumblestilt said...
I am surprised why so many people don't understand why some parents are very concerned about having community policing of out of school activities: Catholics drink communion wine and the school is saying they will be punished for doing so. It is traditional for young adults to partake not only in Christian communion but Jewish seders - where wine is consumed by young adults as part of religious ritual. It is not illegal for parents to let a minor drink some alcohol at home or in private settings like church - and this is often done in conjunction with mainstream religious practice. According to this "honor code," every single Catholic should be kicked off of every single athletic team.
April 14, 2010 at 7:08 PM Report abuse
null said...
To grumblestilt: That is an absolutely absurd argument. No school is going to say that a sip of communion wine or seder wine taken as a religious ritual is breaking the code. Let's stop the fear mongering. This was a code violation because the student broke the law. If she stole something from the house she partied in or assaulted someone at the party, she would be in the same situation. So then, who gets to decide which laws are OK for to break?
April 14, 2010 at 8:28 PM Report abuse
MaineHiker said...
Although wind power is inefficient, unreliable, and not at all “green,” it is sustainable (not renewable) and quite feasible unless implemented on an industrial scale, due to devastation of ecosystems and the economy. Wood pellets might be a renewable resource we can manage taking into account its co2 production. We need hard data, though. Among the evils we have to choose from, my guess is, to be responsible; we really ought to look at this possible resource closely. Rushing into fast tracking boondoggles, creating dinosaurs before they are implemented, I think most reasonable people would agree, has already proved itself to be very unwise (plundering the Highland mountains of Maine). It can put Mainers and vacationers at the mercy of NAMBI (Not Against My Business/Industry) politicians; and we certainly have had our fill of them. Perhaps we could start up a new industry focused on dismantling 500 plus foot tall dinosaur industrial wind turbines and sell that expertise to the World.
April 14, 2010 at 9:33 PM Report abuse
dareu2move said...
The “I just joined a new religion that requires me to drink cans of beer and post pictures on Facebook” defense. I can’t believe the judge didn’t go for that. Have any of the students punished since the code was created even claimed that they were drinking, smoking, etc. as part of a religious celebration or ceremony? How about cough medicine? All kidding aside, if you lose sleep over that, then I’m with you to get the code fixed, but not to go to court to get the whole thing tossed out.
April 14, 2010 at 9:35 PM Report abuse
MICKEY1947 said...
Stop Whinning -- You do the crime you do the time - it's as simple as that. Shame on her parents- SHAME - SHAME - SHAME.
April 15, 2010 at 1:34 AM Report abuse
Since1710 said...
I like the honor code that Yarmouth has for student athletes. It should be extended to all Yarmouth students.
April 15, 2010 at 4:03 AM Report abuse
common_cents said...
I guess this ends RUGBY recruiting in Maine...if you don't learn how to drink at RUGBY events in high school, you won't get that coveted scholarship!
April 15, 2010 at 9:49 AM Report abuse
Angie said...
for once a judge with a brain in Maine! These Yarmouth yuppies need to realize that there is a consequence for their action!
April 20, 2010 at 5:09 PM Report abuse
Angie said...
for once a judge with a brain in Maine! These Yarmouth yuppies need to realize that there is a consequence for their action!
April 20, 2010 at 5:09 PM Report abuse
QWgteWE%3D said...
grumblestilt: a couple of things. First, don't be dumb, I will not even justify your comment with a sensible rebuttle. Secondly, do not assume that all Catholics are active in their sexiest, hypocritical organization that has little to do with true spirituality but more to do with attempting to keep what power and control they are still clinging to.
April 20, 2010 at 9:47 PM Report abuse
singer said...
I think the parents and Mr. Waxman need to go to counceling along with the girl that broke the code. What are they teaching the youth of today?
April 21, 2010 at 9:06 AM Report abuse
Dino90000000 said...
Poor child will be scarred for life for having to take some responsibility for her actions.
April 21, 2010 at 10:44 AM Report abuse
David said...
What I can't believe that, with as weak a case as he had, Waxman flooded the media with speeches about civil rights. A little bit of research would have shown that he was on such shaky ground that the better approach would have been either not to file the suit, or be quiet about it. Which leads me to be of the opinion that it was all about publicity and grandstanding, and not at all about protecting his client's rights.
April 21, 2010 at 10:58 AM Report abuse