Yarmouth HS honor code challenged by parents of suspended lacrosse player
By Jenn Menendez jmenendez@mainetoday.com
Staff Writer
Parents of a Yarmouth High School lacrosse player are challenging the constitutionality of the school's extracurricular honor code.
They sued the town's school district in federal court in Portland this week, after their daughter was given a three-week suspension from the team for holding a beer can in a photo on a social networking Web site.
The family's attorney claims that the school's actions and honor code did not allow for due process and violated the girl's civil rights.
"This code thing is the government reaching into our homes," said Michael J. Waxman, an attorney who has his own practice in Portland. "I don't think citizens understand how it's being used. It allows the school to monitor and discipline 24-7, with the only exception being summer break. I think this is a problem. A constitutional problem."
The girl's family declined to comment for this story.
Yarmouth High's extracurricular honor code is a four-page document that students must sign to participate in sports or other activities. Students pledge they won't use alcohol or tobacco, haze, 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.
According to the lawsuit, the 16-year-old girl was called out of her math class last week to go to the office of Assistant Principal Amy Bongard. Once there, she was shown the photograph of her holding a silver can, and was told that school officials knew she had violated the code.
In an affidavit, the girl said: "I felt scared and intimidated by the situation and by Ms. Bongard. I did not believe that I had the right to just get up and leave. I started to cry and asked Ms. Bongard if I could call my mom. She told me that I was not allowed to call my mother until after I had spoken with her, and also spoken with Yarmouth High School's substance abuse counselor Jill Frame."
The girl, who is not being identified by The Portland Press Herald because she is a minor, said she was questioned for 20 minutes and felt forced into confessing, according to the lawsuit.
The lawsuit names Bongard, Frame, Principal Ted Hall, Superintendent Judy Paolucci and the Yarmouth School District as defendants.
The district has been ordered to file a response by noon Saturday. A hearing is scheduled for 3:30 p.m. Tuesday to address an emergency injunction on the suspension to let the girl play lacrosse while the matter plays out in court.
The discipline calls for her to miss three weeks of lacrosse, including two games and a team trip during April vacation.
"Students who are sanctioned are never happy," said David Ray, chairman of the Yarmouth School Committee. "To go from a decision by the principal to filing a federal lawsuit is unprecedented, in my experience. The general proposition that an honor code in and of itself is unconstitutional, there is absolutely no basis in the law for this claim (Waxman) is creating. He's trying to create new law."
Waxman, who has written about his objections to such honor codes in opinion pieces in a local weekly newspaper, said he has known the plaintiff since she was 5.
"She's a great kid," Waxman said. "As a community, we need to ask ourselves whether we are willing to endorse the schools interrogating our children, without parents present, and forcing confessions about such things as whether the student held a beer can in her hand at a party over the weekend. Are we truly willing to sacrifice our children's rights of privacy and constitutional guarantees of fairness and due process?"
Ray said the school's requirement for students to sign the honor code is intended to hammer home its importance. It is required of anyone who wants to take part in an extracurricular activity -- from sports to chess club to theater.
Its first sentence reads: "The expectations that follow have been designed to reinforce Yarmouth's Core Values which are: Honesty, Integrity, Trustworthiness, Loyalty, Fairness, Caring, Respect, Citizenship, Pursuit of Quality, Responsibility, and Positive Self-Esteem."
"It's a significant act on their part to sit down with us and review the promises they're making," Ray said. "We do the signature thing, not for a legal reason, but for the importance of understanding the significance of what you're committing to."
Ray said that, by law and in fairness to the student, he cannot respond to the specifics of the lawsuit.
"We are confident that when the responsive pleadings are filed and when this matter is concluded, the facts that will be proven will differ greatly" from the lawsuit's claims, Ray said.
The courts can be reluctant to interfere with school policies, said Cabanne Howard, an assistant professor at the University of Maine School of Law.
"Students' constitutional rights don't end at the schoolhouse door," Howard said, "but the courts have been willing to allow the schools to limit students' constitutional rights in certain contexts. For example, to search for drugs."
Rick Perla of Yarmouth, who has put three daughters through the school system, said he is among a group of parents who believe the code is too far-reaching.
"My general feeling for the honor code is that it is really quite ridiculous," Perla said. "I do think it's an invasion into people's homes. Enforcing rules in people's homes and how they choose to raise their children. I do wonder about the constitutionality of it."
Waxman said his client deserved due process.
"This lawsuit could be the first step toward giving the kids due process," he said. "To me, when a cop can't interview her without her parents and force a confession, but the school can, there's something wrong with our system."
Staff Writer Jenn Menendez can be contacted at 791-6426 or at:
jmenendez@pressherald.com
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239 COMMENTS
teck said...
Get over it parents. She was holding a can of beer in a picture on a public site, next time she should show a little more indiscretion. Fact is athletes sign contracts not to drink etc. Do most abide by it? no. But she got caught and she has to deal with it.
April 9, 2010 at 1:27 AM Report abuse
Felix said...
RIDICULOUS, LAWSUIT HAPPY PARENTS NOT DOING THEIR PARENTING JOB WITH THIS KID!!!! SHE'LL BE A GREAT CITIZEN WITH SUCH LOUSY ROLE MODELS........
April 9, 2010 at 1:59 AM Report abuse
williealso said...
My poor baby has got into touble and the school is picking on her. She got to be a mommy and daddy little baby girl. Let her stand up and accept what was dished out to her, she needs to grow up and mommy and daddy need to go to some classes on how to be a parent. She was all happy until the picture show up in the wrong place. She lucky that the police hasn't file charges yet, if that happens the Royal River will flood out Yarmouth with mommy and daddy tears. Grow up girl and take your medicine.
April 9, 2010 at 3:15 AM Report abuse
YzExMjI3 said...
How many times do we need to tell our children not to say or post anything on the internet that they don't want others to see. She signed a contract not to drink. She had a beer can in her hand and posted it on line. This is a lesson well learned. And the suspension is deserved. The parents need to monitor their children and themselves and what postings like this can do to their future. The school department saw it online. Next it may be a business in which she will be applying for a job. OOPS there won't be a job. She evidently is a minor and what is she doing with a beer can in the first place. Do not waste the courts time with a lawsuit. I would take this is a lesson learned. Grow up and get over it!!
April 9, 2010 at 3:21 AM Report abuse
LeftLeaner said...
This is ridiculous. There is a reason they are called "extracurricular activities". The kids are not required to participate and in order to do so, they have to sign a contract. The kid screwed up by violating the terms of the contract that she signed prior to participation in sports-not the first to ever do so, certainly won't be the last. There are consequences to screwing up. If these grossly litigious parents win this lawsuit, it will be pathetic. I feel bad for this kid who will probably be the type who thinks that everything should be handed to her when she is an adult because of the way mommy and daddy coddled her instead of teaching her to accept the consequences of her actions.
April 9, 2010 at 3:27 AM Report abuse
Rocky4 said...
Life was much better when the schools had MORE authority. When a bus driver could kick yer arse off the bus for a few days & nobody questioned his actions. In fact they didn't question his actions & more trouble was expected when you got home. The current trend of this feel good trophy generation is creating another generation of ego-maniacal wimps.
April 9, 2010 at 4:52 AM Report abuse
winston5 said...
Dont like the law then change it. She agreed to the contract and must live with it. the parents should be ashamed of what they are trying to do and hopefully for the taxpayers in yarmouth will have to pick up the districts court costs
April 9, 2010 at 5:40 AM Report abuse
spud said...
If this girl is so upset about her due process why is it she didnt call a lawyer to get advice, BEFORE she signed a legal binding contract.
April 9, 2010 at 6:06 AM Report abuse
lovinit said...
Typical republican parents. Muffy call the lawyer, Buffy made a boo boo.
April 9, 2010 at 6:31 AM Report abuse
Ms.D said...
My high school student went to Spain with his school's Spanish club. He was under-age (by US standards) when he legally purchased alcohol there. When he got back home he was suspended from school and sports for the same amount of time as this young lady. Did I hire a lawyer? No. My son knew what my expectations were on top of his extra-curricular contract (which we both signed). This student was not brow-beaten.threatened or held against her will. That's just what they're using to cover up the fact that SHE MESSED UP! She was nervous for being caught. That doesn't mean the school did anything wrong to her. Foolish to publish pics doing what she KNOWS are unacceptable behaviors. Those parents should be ashamed...of her behavior and their reaction.
April 9, 2010 at 6:47 AM Report abuse
TheTruthSon said...
Of course the irrational posters are up early today. The one important piece of information that is missing here is where the picture was taken. If this picture was taken inside this young woman's family's home and in the presence of her parents, then it is not illegal for her to be holding and/or drinking the beer and school POLICY should not supercede LAW! And that's the truth.
April 9, 2010 at 6:50 AM Report abuse
betty330 said...
Even ridiculous adult law breakers get to speak with a lawyer before making any statement to police. The school should have called her parents into the meeting as well and addressed the situation with all parties. What was the principal afraid of?
April 9, 2010 at 7:06 AM Report abuse
taxationland said...
to loninit, And you know the parents are Republicans how? The family was not named and even if they are, how is that relevant?
April 9, 2010 at 7:07 AM Report abuse
SL said...
The kid needs to accept responsibility! She did that now her parents are going to screw that up? Wambulance chasers.
April 9, 2010 at 7:12 AM Report abuse
Bella2525 said...
If the standard of this "Honor Code" is to be enforced, then make the punishment fair for everyone. Right now if you "self report" tell on the others that were with you it is a slap on the wrist. And depending on what type of athlete you are or how deep your pockets are, there may or may not be consequences.
April 9, 2010 at 7:20 AM Report abuse
punk51 said...
boo hoo..underage girl with beer in her hand pic posted on the web.. suspension could have been for stupidity or for having ignorant parents
April 9, 2010 at 7:32 AM Report abuse
lovinit said...
taxationland It's in the article, duh
April 9, 2010 at 7:35 AM Report abuse
september said...
I agree completely with the parent's!!! Let me parent my kids!!!! Unless my child shows up at a school function drinking, then you have NO right to punish my child!!! Let me be the parent! If they do something on school grounds to violate the policy, then YES you have that right to suspend etc.....but I am so tired of the schools trying to police my children!!!!!!!! And why is it just athletes that have to sign a contract? Is the school saying athletes are more important then the child that does no extra activities at school?
April 9, 2010 at 7:49 AM Report abuse
Nan said...
You sign the contract, you abide by it. Something very similar happened to the daughter of a friend of mine. No one asked for special dispensation; she took her lumps and accepted the suspension. My only question in this case is when was that photo taken? If it was an older photo, taken before the season began and before she signed the contract, then she might have a defense. Otherwise, live with it.
April 9, 2010 at 7:55 AM Report abuse
otisslee said...
Force a confession?? Weren't the principal and the kid both staring at the photograph of the kid holding a beer? What's to confess? If my child were in this situation, I would take my kid aside and tell her she got exactly what she deserved for violating her oath and being stupid enough to post it. I would take the principal aside, tell her whaty I had just told my child, and sternly warn the principal to never be that heavy handed with my kid again and that I expect an immediate phone call in the future. Filing a lawsuit is exactly the wrong message to send impressionable teenagers who need to learn there are consequences to violating agreements.
April 9, 2010 at 8:18 AM Report abuse
Blanco said...
In the same local paper where Waxman wrote his Op Ed piece, his child was cited for underage possession of alcohol......
April 9, 2010 at 8:25 AM Report abuse
mutt said...
I have freshman daughter and always view the school and myself has having her best interest in mind. The portrayal of the school as Nazi seems harsh. Obviously she was not in the privacy of her home with her parents approval. Otherwise she wouldn't have freaked out. If you all care about this subject please go to chooseresponsibly.org the way we educate our young people regarding alcohol has to change. We waste our time chasing down nonsense like this when there is so much more to do !!
April 9, 2010 at 8:29 AM Report abuse
homeboy said...
It appears that mommy and daddy weren't taught the rules by their parents, and failed with their own daughter as a result. A minor in possession of alochol is breaking the law NO MATTER WHERE IT TAKES PLACE! I hope that the police go after her for possession, and after the person/person who provided it! Either we are a society of rules and laws, or we have anarchy---there is community is not an excuse!
April 9, 2010 at 8:30 AM Report abuse
somwhermaine said...
Looks like all the bases are covered here. My questions are: how can a minor be (i'll be polite) interveiwed without their parent or guardian present. When is a minor liable for a contract they signed unless there is parental acknowledgement?
April 9, 2010 at 8:31 AM Report abuse
Mainedog said...
lovinit said...Typical republican parents... YOUR AN IDIOT! Where in the article does it state that! Your just a liberal that thinks everything you disagree with is an issue that has been caused by the republicans! If you opened your eyes and stopped drinking the democratic kool-aid you would see that 99% of the problems in this state have been brought to you by the democrats! They are are the ones who have been in power in this state for the last 40 years! Wake up LOSER!! As for the parents in this article they should be ashamed, where is the outrage that their 16 year old had the beer! My kids played for their school teams and knew their actions had consequences and stayed away from things of that nature to prevent the appearance of impropriety! Schools have had these contracts for years and this 16 year old broke the rules and now will pay the price! Shame on the parents for not backing the school and tell their daughter that underage drinking is illegal!!
April 9, 2010 at 8:33 AM Report abuse
Mainedog said...
These parents should send their kid to Cheverus! The family would fit right in!
April 9, 2010 at 8:34 AM Report abuse
oneperson said...
The girl agreed to the contract and then broke her end of the bargain. Why would this not be an open and shut case? It does seem a bit out of order that she be forced to speak with anyone after requesting to talk with a parent, but this doesn't change the fact that a rule was broken. Any suggestion that the only "mistake" here was to be photographed and/or get caught is exactly the WRONG message to kids. While I doubt that it's even technically true that it's ok for a minor to drink in their parents' home, whether or not this act occurred in the home is irrelevant. She BROKE THE RULE. And, finally, teck needs to check the difference between indiscretion and discretion, but teck also needs to look around a bit. My recent experiences as a parent of high school athletes is that MOST do ABIDE by these agreements, particularly those who matter.
April 9, 2010 at 8:40 AM Report abuse
virginia said...
I wonder which school official spends all their time monitoring facebook or whatever. You don't think maybe another student (player) turned her in?
April 9, 2010 at 8:44 AM Report abuse
jgetch said...
Parents have to sign the honor code along with their child. They all do so, even if they don't agree with the terms, because otherwise their kid can't play sports, and God knows what they'll do instead. These parents should not be riding to daughter's rescue. Missing three weeks of lax won't harm her in the long run or the short run for that matter. Focus your rage at the fool who let kids be in his house unsupervised (I assume the drinking took place at a house with no adult present).
April 9, 2010 at 8:47 AM Report abuse
null said...
september, You are a FOOL! The problem in our schools and society in general today is that there is no parenting any more. If she doesn't want to abide by the rules then DON'T PARTICIPATE IN EXTRA-CARRICULAR ACTIVITIES. She screwed up now pay the piper. Mommy and Daddy are certainly raising a model little citizen aren't they?! TAKE NO RESPONSIBILITY HONEY! We'll just sue and fix it.... LOSERS!!
April 9, 2010 at 8:53 AM Report abuse
august1 said...
I guess I don't understand why we have rules? What are we teaching our children if we are fighting the rules that are put into place? I just don't get it.
April 9, 2010 at 9:07 AM Report abuse
august1 said...
Williealso, little drunk when you posted that?
April 9, 2010 at 9:09 AM Report abuse
j82a41c said...
this is ridiculous, it says "silver can" not beer can.
April 9, 2010 at 9:18 AM Report abuse
RobertAT said...
These parents do their child a great disservice. Let her learn her lesson.
April 9, 2010 at 9:28 AM Report abuse
Pilllory said...
TheTruthSon said:If this picture was taken inside this young woman's family's home and in the presence of her parents, then it is not illegal for her to be holding and/or drinking the beer and school POLICY should not supercede LAW! _______________ Ooops, WRONG, you lose. It is illegal under Maine law even in your parents home and under their supervision for a minor to consume alcohol. Didn't you ever have an assembly in your school where a Alcohol,Tobacco and Firearms agent gave the speech on the law?? (Why those three things are lumped together I'll never understand). We did in jr. high and that was close on to 50 years ago!!
April 9, 2010 at 9:36 AM Report abuse
Riml said...
When she asked to talk to her parents - the conversation should have ceased. She was obviously badgered by authority (government) until she confessed. Blatant Disregard for Constitutional Due Process. This story is reminiscent of the fictional Dean of Students 'Edward Rooney' played by actor Jeffrey Jones in Ferris Bueller's Day Off. Way to go, Yarmouth!!!!
April 9, 2010 at 9:40 AM Report abuse
null said...
Our child is a junior at YHS. Our student says that in the past month about 30 students have incurred various punishments, including suspensions, through actions by the high school administration. While this may be a bit of student hyperbola, there are only about 400 students in YHS, so perhaps the administration has overreached its authority... The school's Honor Code is at the heart of most of these actions. In our experience, this and the underlying Policies detailed in the Yarmouth School Policy Manual are selectively enforced by the administration, and their own proceedures detailed in these documents have been in some cases selectively followed. And btw, was the picture on the student's own facebook page, or included on a "Friends'" collection? I am frankly concerned about school sdministrators actively looking for reasons to suspend students, especially those who they may deem to be "examples" of bad behavior. Let the parents do the parenting...
April 9, 2010 at 9:45 AM Report abuse
Dhiff said...
Today, schools are damned if they do, damned if they don't. Shame on this lawyer and family for presenting a picture of schools as violators of the Constitution. Why would anyone want to be a coach today with parents like these? Schools need to have the power to teach and hold students accountable, regardless of how jack-ass-like parents want to be(my house, my rules). These same parents would be screaming for accountability if a tragedy occurred from underage drinking. Again, why would anyone want to be a coach today?
April 9, 2010 at 9:46 AM Report abuse
Bella2525 said...
I think the point also that is being made, is she asked to speak with her mom. Questioning should have stopped. Plus she is a minor. And the parent's should have been there. And if you hold a red solo cup does that mean you are drinking?
April 9, 2010 at 9:48 AM Report abuse
ridges said...
Unreal! These parents need to be PARENTS! Filing this lawsuit is like saying...hey, okay little girl..we don't care that you are 16 years old and drinking. Parents today take NO RESPONSIBILITY for the kid's actions. They blame the schools for everything. I know...I see it everyday at the high school I work at. THEIR kids do no wrong...and they blame EVERYTHING on the schools. Wake up!
April 9, 2010 at 9:51 AM Report abuse
DeathCultt said...
Technically A minor cannot enter in2 a legaly binding contract,Schools are not above tis law.
April 9, 2010 at 9:57 AM Report abuse
Cadred said...
A similar incident happened to me and several friends in my senior year of high school (eons before Facebook). All of us were spoken to by the principal and lost major privileges. We were all top students and/or athletes in our small school - we blew it, we knew it. End of story.
April 9, 2010 at 10:04 AM Report abuse
Riml said...
I see that a number of Folks here are saying that the "Parents should be Parents!" Though legally the school does act 'in loco parentis' - meaning that while a student is in the custody of a school, the school can and often should act as a parent - we obviously have an incident here essentially of a non-school related issue. The school then inserts itself through the use of an "Honor Code." The student then asks for her parents to be present - and the school refuses. Now, the school has determined that the "Parents cannot be Parents" - Does it have that right? I, as a Police Officer and a Juvenile Officer - did not. Whenever I detained a youth the parent had to be notified, and I could not question that youth without the parent's consent. I look forward to this case going to trial.
April 9, 2010 at 10:10 AM Report abuse
august1 said...
Pillory, I have been told by a cop that it is NOT illegal to let your child have a beer in their own home, they just cannot leave after they have done so! I have never let my 20 year old do it, however, I have been to a family members home that allowed their 19 year old to have a few beers, he just didn't leave after he did it.
April 9, 2010 at 10:16 AM Report abuse
henryelm said...
Null 30 IS a lot, as you point out. Looks like there is a problem and the community may be adressing it THRU the school. I doubt VERY much that administrtion is going out of their way in search of face book pages violating the code. I'm guessing kids are turning kids( and parents) in. OR parents are. Maybe they don't like other parent providing a "safe" place for kids to drink. Some "good " parents think it is ok and provide a "safe" place for drinking. Maybe OTHER parents/students don't like it, so much. So if you are a principle and a student shows you a problem what do you do? ignore it? at what cost?
April 9, 2010 at 10:17 AM Report abuse
mutt said...
www.chooseresponsibility.org
April 9, 2010 at 10:20 AM Report abuse
shakinmyhead said...
I don't think Justices Roberts, Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito and Sotomayer have this on their radar. Unconstitutional, my butt.
April 9, 2010 at 10:22 AM Report abuse
henryelm said...
august I think the cop is wrong. There was a well publicized case IN Yarmouth 10 or so years ago. The parent was a lawyer( and thought he we was acting within the law). The case went to court. The parent lost the case and I believe was fined for providing liquor to minors.
April 9, 2010 at 10:25 AM Report abuse
henryelm said...
august I think the cop is wrong. There was a well publicized case IN Yarmouth 10 or so years ago. The parent was a lawyer( and thought he we was acting within the law). The case went to court. The parent lost the case and I believe was fined for providing liquor to minors.
April 9, 2010 at 10:28 AM Report abuse
dumasilook said...
and she cried boo hoo hoo its just another manipulation tool she used to get sympathy. does not work with me. they can turn those tears on and off like a fawcet.
April 9, 2010 at 10:39 AM Report abuse
CCC-Port said...
At 16, she's not too young to learn that you should keep your work, that when you sign a contract you must abide by it or risk forfeiture. She signed the honor code, violated it, and her parents think that's okay? Lousy parents, bringing up another kid to think they're entitled, that promises, contracts and laws do not apply to them. Her parents should be punishing her, not filing lawsuits!
April 9, 2010 at 10:41 AM Report abuse
Ed said...
You law-abiding citizens sound just like the social conservatives who are always screaming about loss of individual liberties and government intrusion into your private lives. I guess you're not though because you don't seem to care at all that schools have no business trying to regulate the private lives of students. If a picture of teenager holding a beer can were evidence of crime, they'd have to suspend every kid who ever went on a bottle drive. Good for the girl's parents for taking an unpopular stand against a widekly accepted injustice.
April 9, 2010 at 10:43 AM Report abuse
henryelm said...
what is the school's responsibility IF they are informed of( or made aware of) illegal activity??? Should they act within their jurisdiction to do so, in this case the honor code?? What happens if they KNOW( have been informed) and don't act??? what happens IF they "knew"( were informed) and something bad happens and they failed to act??? Is that overreaching( meddling, interfering with parental rights) or acting responsibly?? YUP it's a balancing act. MY guess is if they FAILED to act, some here would be the FIRST to "blame the schools". And alternatively what IS parents responsibility to their kids and other kids?
April 9, 2010 at 10:46 AM Report abuse
aWtub3d0aGVsYXc%3D said...
I need to clarify one thing. The last statement in the article reads ""this lawsuit could be the first step towards giving the kids due process". "To me, when a cop can't interview her her without her parents and force a confession, but the school can, there's something wrong with our system". FALSE. I do not know why so any people have this misconception on the law. The law is very clear that "cops" can talk to kids at any time, do NOT need to notify, nor have parent permision, and only when the child is under arrest do they need to notify the parents. People need to get the facts straight before reporting on them.
April 9, 2010 at 10:46 AM Report abuse
mainerunr said...
or maybe 'null' such a high percentage have bee disciplined because they are a bunch of hooligans who think the rules dont apply to them. Every school has them. Maybe Yarmouth just has a higher percentage of those who think they're 'above the law'? Lets just say that if it were my kid, she'd be done for the season, and grounded with no phone for the infraction.
April 9, 2010 at 10:56 AM Report abuse
Ed said...
Mainerunr, Fine, if that's they way you want to treat your kid, by all means do so. But what gives a school the right to tell a student what they can and can't do outside of school? Since you're such a stern disciplinarian, I'm surprised you aren't advocating having your kid arrested for breaking the law. Funny no one ever seems to suggest that school officials call the cops when a kid is caught drinking, which these kids were not.
April 9, 2010 at 11:29 AM Report abuse
null said...
This is what the parents want to do with my tax dollars? This isn't any way to educate your child. Wasting tax dollars to cover your short comings. YOUR parents need to be called! Can we hear from them? Will you cover the court costs when you lose? You and your spoiled BRAT should be grounded.
April 9, 2010 at 11:31 AM Report abuse
null said...
You know as well as I, if this girl, God forbid, ever gets into an alcohol related accident, the parents will be suing the pants off from Yarmouth saying, "they were full aware she drank and they did nothing" Welcome to the NEW America!
April 9, 2010 at 11:31 AM Report abuse
notspot said...
Sorry, folks...Both of my children have signed the Honor Code. It's clearly spells out what the penalty for breaking it will be. Another life lesson learned.
April 9, 2010 at 11:40 AM Report abuse
SacoSam said...
"She told me that I was not allowed to call my mother until after I had spoken with her, and also spoken with Yarmouth High School's substance abuse counselor Jill Frame." There is no excuse for prohibiting the involvement of the parents. Forget the lawsuit - parents in this community need to take these school "officials" to task. Just try to get between me and my kids!
April 9, 2010 at 11:47 AM Report abuse
null said...
Notspot, well said thank you. Can't be any clearer than that. Mine too! And believe me, if they drank, I wouldn't be waiting for the school to kick them off the team!!
April 9, 2010 at 11:48 AM Report abuse
teck said...
The truth son you are wrong. When the student athlete signs a contract, they cannot have alcohol anywhere. You obviously didn't participate in sports champ
April 9, 2010 at 11:50 AM Report abuse
null said...
SacoSam, I bet you're a big supporter of birth control and counseling without the parent's consent though, aren't you?!
April 9, 2010 at 11:51 AM Report abuse
Ed said...
Null, My guess is that your kid does drink. You just don't know it because you're one of those tough love parents that kids never confide in.
April 9, 2010 at 11:57 AM Report abuse
mainerunr said...
Actually 'Ed', it's called parenting. I get so sick of seeing parents trying to be best friends to their kids while letting them essentially run the show and do what they want, that's NOT parenting. I'm trying to teach my kids right from wrong and that their actions have consequences and I will continue to do so. Just because there are too many 'parents' who dont care what their kids do doesnt make it right. My kids will grow up to be productive, responsible members of society unlike so many 'young' people these days who expect to be handed everything and have no personal responsibility. The kid signed the contract, so did the parent. All these parents are proving is that they dont think the rules apply to them and that is the lesson they are teaching their daughter. And people wonder why this country has gone in the toilet...
April 9, 2010 at 11:59 AM Report abuse
august1 said...
Henry, I believe if its your child only. I know its against the law if it is someone else's kid, obviously.
April 9, 2010 at 11:59 AM Report abuse
null said...
Ed, you have no idea!! Believe it or not, we still sit down for family dinners and talk almost every night. Imagine that?! I couldn't be any closer to my kids and they're model citizens but they also respect authority and KNOW there are consequences to THEIR actions and THEY will be held accountable.
April 9, 2010 at 12:03 PM Report abuse
DeathCultt said...
Mainerunr has the right Idea, it makes me sick when I C parents acting more as friends then authority figures. U do notice the parents whom are friends 1st and parents second have daughters pregnant at 15 with 15 yr old alcoholic fathers.
April 9, 2010 at 12:10 PM Report abuse
cmnsnse123 said...
This is pretty silly. I wasn't aware that participating in HS sports is a constitutional right... where was Waxman when I was cut from the varsity baseball team in my freshman year?? haha The fact is that kids are asked to conduct themselves a certain way to participate in extracurricular activities. What is wrong with that? I think what we're trying to do with that is teach kids about responsibility and respect for themselves and others. It was no different 30 years ago... screw up = pay the price. This is a tennager who posted a pic of herself drinking online... c'mon folks. She's not a victim of anything except her own poor judgement. By and large Yarmouth has an outstanding student community and is a nationally recognized school of excellence. I have no question that the student in this instance is a good kid but she's a good kid who got caught breaking the rules and she needs to accept the consequences. It's called accountability.
April 9, 2010 at 12:12 PM Report abuse
TheTruthSon said...
Pillory and Teck: Actually both of you are wrong and sadly ill informed. As the child of an attorney i have actually researched this law. A person under 21 is allowed to consume alcohol in the presence of their parents/guardians as long as said act takes place in the primary residence. I was a 4 year varsity athlete who did from time to time drink without suffering any repercussions. A) Facebook was not invente when I was in high school 96-97 a 2000 and also we didn't have to sign any BS contract. Schools stayed out of our personal business as they should. Again a high school POLICY cannot and should not supercede State/Federal laws.
April 9, 2010 at 12:17 PM Report abuse
SacoSam said...
null, students are not PREVENTED from talking to their parents regarding birth control or counseling on abortion. This girl was NOT ALLOWED to contact her parents. The difference is clear. The school officials acted inappropriately.
April 9, 2010 at 12:20 PM Report abuse
pablisimo said...
Wow. Such closed minds. First, the so-called "honor code" is not at all a "legally binding contract" in which students freely enter; minors are effectively barred from entering into legally binding contracts because, for ALL intents and purposes, their status as minors renders them judgment proof. The so-called "honor code" is nothing more or less than a list of behavioral expectations the school district has decided to compell students to abide by as a precondition of their participation in extracurricular activities. It can also be argued that the school district is forcing students to sign the document in question under duress--if they don't sign, then they can't participate, regardless of whether they and/or their parents agree with the preconditions set forth in the document. The question in search of an answer though is, How far can and should the reach of a school's authority extend? Clearly the school has weighed in on its view, but the other side, sadly, requires a court.
April 9, 2010 at 12:22 PM Report abuse
SL said...
TheTruthSon...once again you are incorrect. It is illegal for a minor to posess or consume alcohol regardless of parental consent. The parents would be charged with furnishing. As far as parental rule overriding school conduct. Wrong as the school is allowed to put in place policies that are in their best interest.
April 9, 2010 at 12:24 PM Report abuse
null said...
TheTruthSon, perhaps your kid shouldn't participate in activities where they sign a contract! Nobody is twisting their arm. You wanna play, you sign the contract and abide by the rules. Pretty easy to understand.... You wanna drink or do drugs..have a wonderful life sunshine!
April 9, 2010 at 12:25 PM Report abuse
weatherfreak said...
Thankfully, there was no facebook when I was in HS. No cell phones, no PCs in the home for the most part, and no internet. These items can incriminate very easily. And I get a good laugh when looking at my yearbook - where beer was the number 1 choice for beverage. Imagine if that were the case today. They'd have to suspend the entire class. Be careful what you put on facebook, people!
April 9, 2010 at 12:29 PM Report abuse
weatherfreak said...
I also appear to be the only person among 99% of the posters here that ever drank in HS. Loosen up!
April 9, 2010 at 12:31 PM Report abuse
ModerateOne said...
As a parent or a three sport student athlete I can say that these contracts both serve as a reminder to students about proper behavior, and as a reason for these students to excuse themselves from situations that might turn questionable. It is a valuable tool. But good tools can be abused. I have heard from parents in Yarmouth that this might be the case. One person mentioned that a minor cannot enter into a contract. I am not a lawyer that knows the legalities here, but in my daughter's school a parent must also sign the contract.
April 9, 2010 at 12:37 PM Report abuse
yoda said...
Moderate one said... "As a parent or a three sport student athlete"..... Well, which one are ya??? just teasing. I agree with your post.
April 9, 2010 at 12:40 PM Report abuse
pablisimo said...
The next question in search of an answer is, Do the constitutional protections enjoyed by adults extend less equally to minors? If so, how much less and in what contexts? While it might seem like a simple case of a student flouting the rules only to have her parents sweep in and attempt to shield her from the consequences, the questions that their suit seeks to answer are both compelling and important. For instance, what if a Native American student athlete who signed the "honor code" was photographed smoking a traditional peace pipe filled with tobacco, and the photo was brought to the attention of school officials? Or instead of a Native American student, what about a Catholic student drinking wine as part of the exercise of the sacrement of communion? Does school policy trump religious freedom? Many on this board are indignant that parents are not parenting, while trumpeting the fact that schools is rightly engaged in that very role.Pick your poison.
April 9, 2010 at 12:47 PM Report abuse
cmcj1234 said...
I give YHS a thumbs up. They are having control of students which makes it a good school. My child goes to a school that has no control and this school has drinking, drugs, fighting, bullying because of the lack of control. Students are allowed to do what they want and not get in trouble for it and the students know it. YHS is doing a great job, to prevent what goes on in my daughters school because they want to provide a safe enviorment for all students. I know in a very short time, something bad is going to happen in my daughters high school due to a very large lack of control. Parents need to raise their children with respect and teach them from right and wrong, this was totally wrong for this girl to be drinking and bragging about doing so. Kiddo's to Yarmouth School District, I wish my daughter could be enrolled in your High School as I know that every day she would be safe.
April 9, 2010 at 1:04 PM Report abuse
cmnsnse123 said...
Pablisimo gimme a break.... was she performing a religious sacrement? You know as well as anyone that's not what this situation is all about. You can play the "what if" game to rationalize just about anything... like: what if a HACK attorney wanted to get his name in the paper and pretend to be a "constitutional lawyer" by exploiting a teenage girl... oh wait, that is what's happening.
April 9, 2010 at 1:08 PM Report abuse
williealso said...
Augusta 1, You are little to free to start calling a person a drunk if you don't know his/her backgroung.I guess you figure a person with a learning disability should not be seen or heard. IN the mean time I am glad that you can find fault with someone so you can make yourself look and feel superior to them and we wonder why there is so much bully be done to people today. You don't need to be in school to have it done to you. All you need to do is read some of the comments on the internet
April 9, 2010 at 1:32 PM Report abuse
David said...
Man, I'm embarrassed to be a lawyer when I read things like this.
April 9, 2010 at 1:36 PM Report abuse
Carol said...
Since you can only see about a quarter of an inch of the bottom of a silver can, there is NO way to prove that it was a beer can. It could have easily been a Sprite or Diet Coke can. If my kid were being questioned, asked to call me, and she was denied, I would be outraged. The school has no right to govern what happens outside of school property or functions. If my child misbehaves or does anything illegal, don't you worry folks, I'll discipline him/her all by myself, thank you very much.
April 9, 2010 at 1:48 PM Report abuse
pablisimo said...
cmnsnse123, it is precisely the "what ifs" that matter when it comes to asking and answering questions about the depth and breadth of constitutional protections and by whom and how they are exercised; I absolutely applaud this girl's parents for challenging the fairly extraordinary reach of what is effectively a police power that has been assumed by the school. By summarily punishing this girl (read, absent any manner of due process), denying her request to contact her parents WHILE being compelled to submit to questioning by a school official, and compelling her to submit to what amounts to drug and alcohol counseling (again, without the prior consent of her parents), all for some behavior that might not have even violated the letter of the school's compulsory honor code (for instance, was there even beer in the can she was holding and had she consumed any alcohol?) suggests the school has exceeded its authority while simultaneously violating this girl's civil rights.
April 9, 2010 at 1:51 PM Report abuse
null said...
cmnsnse123, awesome answer. :)
April 9, 2010 at 1:58 PM Report abuse
Pilllory said...
august1 said... Pillory, I have been told by a cop that it is NOT illegal to let your child have a beer in their own home, they just cannot leave after they have done so! I have never let my 20 year old do it, however, I have been to a family members home that allowed their 19 year old to have a few beers, he just didn't leave after he did it. ------------- SORRY, your officer gave you incorrect information. Look it up. It is NOT legal. In fact just a couple of years ago in this same paper a woman was brought to trial and that argument was brought out as false in the court.
April 9, 2010 at 2:07 PM Report abuse
cmnsnse123 said...
Pab, When I was in school "due process" didn't exist in the principals office. I don't remember anyone suing over it. We're talking about a teenage kid who got CAUGHT drinking becuase she foolishly broadcast it to the world on the internet. No one is dumb enough to believe that teenage kids don't drink... Lord knows I wasn't perfect as a teenager and it's not the crime of the century but she got caught and should take her lumps. The parents ought to teach her to use better judgement instead of crying foul because their kid got herself into trouble. The code is there to remind kids to use their head... common sense folks.
April 9, 2010 at 2:08 PM Report abuse
Oak said...
Seems the parents of this kid are intent upon teaching her that if she signs a contract and doesn't live up to her end of the bargain, all she needs to do is hire a lawyer.
April 9, 2010 at 2:17 PM Report abuse
Beaglelady said...
Great lesson being taught here by the parents. You sign your name to an agreement. You do something that violates that agreement. You expect special treatment or else you threaten a lawsuit. So much for teaching your daughter responsibility, accountability and honesty.
April 9, 2010 at 2:18 PM Report abuse
teck said...
The truth son- Were not talking about whats illegal or legal here, that's beside the point. You sign the contract as an athlete and the one I signed back in high school was if I got caught consuming alcohol anywhere at anytime that was grounds for being dismissed from the team. What are you defending here? They signed the contract so you get caught then you get suspended. She should be lucky it was only 3 weeks.
April 9, 2010 at 2:22 PM Report abuse
biddguy said...
I will agree with some posters though. School rules are sometime too far-reaching. If I allow MY SON and MY SON ONLY who is 19 to have a beer and he stays home, what's the big deal? No I'm not missing the point. I'm the parent, let me use my own judgment. I'd be willing to bet that the vast majority of the posters have either drank as teens or have teens who they allow to drink in a controlled situation (home,family function).
April 9, 2010 at 2:26 PM Report abuse
David said...
It's a sports team. It's not a right, it's a privilege. Here, the student signed on to the Code, the school relied upon it in allowing her to participate, and now, like one of those amoral professional athletes, she wants to use the court system to renegotiate. I wish there was a way for the school to charge her for the use of the athletic fields, equipment, etc., that she obtained on false pretenses. She lied to get on the team.
April 9, 2010 at 2:32 PM Report abuse
teck said...
Biddguy- Your right we all drank in highschool for the most part, there is nothing wrong IMO giving your teenager a beer in your own home. But while these contracts can be too far reaching there serve a purpose. You have to have a zero tolerance policy if your going to enforce these rules fairly. Don't sign the contract and if your do then expect to play by the rules.
April 9, 2010 at 2:39 PM Report abuse
null said...
biddguy, it appears you are missing the point. A contract was signed. She got caught. Too bad for her. Time to sit for three weeks. Yes, of course there are plenty of others that drink while under contract (Unfortunately) but either they're craftier than her about concealing it or their time is coming.
April 9, 2010 at 2:42 PM Report abuse
Seamouse said...
This child was banned from a sport which is a privilege for the elite athletes. Her suspension by my understanding, was from the team, not school. Her code violation was regarding her selection by the school as a priveleged athlete. She learned a tough and embarrassing lesson. This child like many today, takes for granted how their image, and character can instantly be affected by the posting of "pictures and texts of poor judgement". When will parents realize that these risks are real, that privileges are not rights, that kids will push limits without consequences, and that parenting involves embarrassment, and tough love? Everyone learns through failure and dissapointment. The schools have had to play parent for too long. The parents should have punished her from participating in events, more so than the school. The inability to contact a parent at a student's request during an interview, is another matter, which should be addressed with the School Board.
April 9, 2010 at 3:03 PM Report abuse
Pilllory said...
This isn't a "due process" issue, the lawyer doesn't have a leg to stand on. The kid got caught, suck it up. Tempest in a teapot. and here's some interesting Supreme Court cases that say so and they interpreted it VERY literally: lifee, liberty or property...Due Process Clause [No State shall] deprive any person of life, liberty, or property, without due process of law. Cases Goss v. Lopez (1975) Ingraham v. Wright (1977) Horowitz v. Board of Curators, University of Missouri (1978)
April 9, 2010 at 3:10 PM Report abuse
freedom1 said...
To "TheTruthSon..." It's illegal for minors to drink alcohol, regardless of whether they're in their parents' home or anywhere else. If her parents permitted the drinking, bought the beer, or supplied a place to drink it, they can go to jail. If they had nothing to do with that particular incident, they're still responsible for the foolish girl they've raised. They should be ashamed of having a shamefully indiscreet, possibly drunken daughter who doesn't have the slightest bit of sense or respect for laws, school rules, or the papers she signs. I'd take my kid to jail myself if I found out she'd been drinking.
April 9, 2010 at 3:19 PM Report abuse
Carol said...
Headsup...what do you know about Waxman? He has never been an ambulance chaser. Waxman is an honorable guy who believes in the Constitution. This isn't about money. He is taking a stand where others won't dare. Good for you Michael Waxman.
April 9, 2010 at 3:21 PM Report abuse
null said...
I say we go back to the days when the assistant principal just beat the *@!* out of the offender and then be done with it. Not really, but I remember a time when kids feared hearing their name called to the office. Kids these days tell the principal to "F-Off" and there's no repercussions because of this type of parent right here. No responsibility for your actions. NONE. Too bad our society is going down the toilet.
April 9, 2010 at 3:26 PM Report abuse
null said...
Carol, tell your buddy Waxman not to do me any favors. I appreciate the fact that these rules are in place. Won't be long and the patients will be running the asylum. As stated in an earlier post, if nothing else, this gives kids a great reason to extract themselves from a touchy situation and not give in to peer pressure.
April 9, 2010 at 3:31 PM Report abuse
notspot said...
Should make for interesting conversation tonight at the Sr. Auction & Talent Show. Not sure if it's been mention before...But didn't the lawyers 18 year old son get picked up a couple of weeks back for drinking and driving in Cumberland?
April 9, 2010 at 3:55 PM Report abuse
ModerateOne said...
Why do so many people here show unwavering support for schools until it comes time for funding. Then they are all blood sucking administrators or union warped teachers. Maybe most of the posters hate schools, teachers and administrators, but parents and kids more. Or maybe they just hate.
April 9, 2010 at 3:58 PM Report abuse
null said...
ModerateOne, Huh?!
April 9, 2010 at 4:02 PM Report abuse
Z3JlZW5tb20%3D said...
Here's what I don't get: This girl is a gifted athlete playing not only varsity lacrosse but playing varsity soccer as a star goalkeeper. As such, she most assuredly knows that by choosing to engage in an activity ( a sport, for example) you are agreeing to abide by the rules of that activity. That concept is no different than choosing to engage in extracurricular activities that come with a set of rules as well: The Code. So here we have a girl who understands that by choosing to engage means you accept the rules. She and her parents demonstrated, by signing the code, that they understand and agree. So what's to argue about? She knew the rules, she broke the rules, she pays the penalty.
April 9, 2010 at 4:06 PM Report abuse
virginia said...
Z3JlZW5tb20%3D , how do you know so much of this girl? paper didn't publish her name. do you know something the rest of us dont?
April 9, 2010 at 4:13 PM Report abuse
SL said...
But she couldn't have drank beer, shevsaid she didn't and we don't allow YHS students near that rubbish. The dad just made Indies dad look good. My daughter wouldn't drink, because I'm a lawyer....
April 9, 2010 at 4:16 PM Report abuse
null said...
Z3JlZW5tb20%3D, better watch out! Waxman will be naming you in a slander suit.
April 9, 2010 at 4:17 PM Report abuse
David said...
I don't know a thing about whether Waxman is a good or bad lawyer. But, I can tell you one thing. To bring this case he mustn't be very busy.
April 9, 2010 at 4:21 PM Report abuse
Keira said...
Please let your child take responsibility for her own poor judgment. That is the only way she will learn to be a responsible adult. Everybody understand kids sometimes don't make the right decisions, but if there are no appropriate consequences she will not learn what she needs to learn about life.
April 9, 2010 at 4:21 PM Report abuse
CWFS262 said...
The child asked to call her mother. her request was denied. She should have been allowed to make that phone call. She had the right to her mother's council. It is basic tenet of our society that we are protected against self-incrimination and the school taught a poor lesson in denying her request. If our schools can't practice the fundamental principals of democracy and protect them then we are all in trouble. That said, the child posted a picture on a public web site and had no expectation of privacy any more than if she had put it on a bill board in the town square. Not a bright move and brings into question her motives. Holding a beer can for a photograph opens one to having others make inferences that may or may not be correct. The School Board of Yarmouth and all others should have policies in place to deal with questioning of students by officials when there have been serious alleged infractions of school rules. There is plenty of blame to go all around.
April 9, 2010 at 4:22 PM Report abuse
null said...
I can hear the conversation at her home right now. "But mommy....I asked to talk to you and those bad people said I couldn't. Wah,wah,wah..... ~Don't you worry angel, Daddy and I are going to fix this. We'll make sure you play your sports honey and we'll fix them!! They're not going to do this to our little soldier! ~I really did ask to talk to you...Really...I did... I'd like to ask the administration if she asked to call her parents before she spilled her guts. Questionable at best! Makes me sick!!
April 9, 2010 at 4:32 PM Report abuse
Carol said...
notspot...let's stick to the issue here. This isn't about the lawyer, it's about inappropriate behavior by the school. And, you should get your facts straight before posting comments that aren't true.
April 9, 2010 at 4:35 PM Report abuse
null said...
Carol, you sure do defend Waxman and now his kin an awful lot!! What's up?!
April 9, 2010 at 4:39 PM Report abuse
my-way said...
First of all, she should not have been drinking beer.....she is 16 and knows that it is wrong....and secondly, does the Yarmouth School System have anything better to do than surf through facebook?..like teaching???
April 9, 2010 at 4:45 PM Report abuse
Z3JlZW5tb20%3D said...
Yes, Virginia, I do know who the girl is; I'm the parent of two Yarmouth high schoolers and everyone in the school knows who she is. I don't know her personally but I can't help wondering if she'd rather have quietly served her three weeks without all this attention. I sense that the overwhelming majority of YHS parents back the school's actions on this one. I also wonder if Waxman's using the kid's predicament to grind his own axe about his son who got caught in a car full of drunk teenagers a week ago and has also been suspended from extracurricular activities. Waxman is known around town as the quintessential bottom-feeding lawyer people make jokes about.
April 9, 2010 at 4:53 PM Report abuse
Carol said...
Do you know that Waxman's kid was suspended from activities? How is this even relevant to the issue at hand? This girl asked to call her parents and was denied. NOT acceptable.
April 9, 2010 at 4:55 PM Report abuse
null said...
Z3JlZW5tb20%3D.....Go get 'em!!! this is getting good!! Great post! You are absolutely right. The overwhelming majority agrees with the schools stance and she would have been SO MUCH better off if she had just served her three week suspension and avoided all this embarrassment. WOW!! Why would a parent put their child through this?!
April 9, 2010 at 4:58 PM Report abuse
null said...
There you go again Carol......You got some spainin to do!!
April 9, 2010 at 4:59 PM Report abuse
David said...
As the Massachusetts Supreme Judicial Court has held: "We conclude that the plaintiff has no property interest in participating in interscholastic athletics, and thus no due process rights in the circumstances. Furthermore, the plaintiff has not shown that she was treated differently from other similarly situated students, or that this alleged differential treatment resulted from a gross abuse of power or fundamental procedural unfairness on the part of the MIAA. Thus, the plaintiff has failed to establish the existence of an equal protection violation. Finally, we conclude that the MIAA's rules do not amount to 'threats, intimidation or coercion' that is actionable under the Massachusetts Civil Rights Act."
April 9, 2010 at 5:04 PM Report abuse
Carol said...
My point is, NULL, that nobody has all the facts from one article in the newspaper. This girl was treated badly, and the school should be held accountable. How, in ANY way is the lawyer's family relevant?? The answer is, it's not.
April 9, 2010 at 5:07 PM Report abuse
c2tpZXJkdWRl said...
Not particularly classy when a commenter starts calling names instead of sticking to the issue at hand. I wonder how many of you would slander the attorney if your name was published with the comment? My major issue is that the school can say a student is in violation of the honor code if they "do something to embarrass the school". Pretty subjective! This alone is sufficient reason to revise the code to be more specific about what behaviors are acceptable, and what ones are not.
April 9, 2010 at 5:08 PM Report abuse
notspot said...
"And, you should get your facts straight before posting comments that aren't true." Errrrrr, Carol? My post was the truth. Son was caught. He's 18 years old...Part of the public record. Posted in the Falmouth Forecaster. He's a classmate of my son. Small school, Carol. As my son says: Everyone knows what everyone else is doing.
April 9, 2010 at 5:12 PM Report abuse
David said...
Carol says we don't have all the facts, and then summarily concludes that the school behaved "inappropriately" and treated the girl "badly." It's obvious that you're an interested party in this in some way, and you should at come out and say it. I see a school doing the best it can to deal students who have such a sense of entitlement that can do anything they please even if they promised, in writing, not to do so. They should have to promise. The family, and the girl, should -- if the allegations are true -- be chastened, humiliated, and embarrassed. The parents should take their daughter aside and explain to her that it's important to face the consequences of your mistakes. It's a lesson that she ought to learn right this minute.
April 9, 2010 at 5:20 PM Report abuse
David said...
Carol says we don't have all the facts, and then summarily concludes that the school behaved "inappropriately" and treated the girl "badly." It's obvious that you're an interested party in this in some way, and you should at come out and say it. I see a school doing the best it can to deal students who have such a sense of entitlement that can do anything they please even if they promised, in writing, not to do so. They should have to promise. The family, and the girl, should -- if the allegations are true -- be chastened, humiliated, and embarrassed. The parents should take their daughter aside and explain to her that it's important to face the consequences of your mistakes. It's a lesson that she ought to learn right this minute.
April 9, 2010 at 5:20 PM Report abuse
R3RyaXJ3ZXc%3D said...
"Why would a parent put their child through this?!" As someone who knows the full story behind this lawsuit, Waxman is the one filing suit, not the parents of the student that was affected. It is embarrassing to the girl as she cannot prevent the chatter about this article. If the people posting on this article could be a little more considerate while posting about a child's parents, your arguments may be more legitimate. It is truly sad that you would voice your opinions in such a harsh manner. Knowing the situation, I personally wish that Waxman was not using this example as part of his lawsuit. However, this was not the case.
April 9, 2010 at 5:23 PM Report abuse
David said...
The lawsuit couldn't not have been brought without the parents' permission.
April 9, 2010 at 5:27 PM Report abuse
null said...
Oh Carol, Carol, Carol. Poor little misguided Carol. Me thinks thou dost protest too much!! I think your judgement is skewed by your apparent connection with the Waxman! These posters seem to have their facts quite well documented.
April 9, 2010 at 5:30 PM Report abuse
R3RyaXJ3ZXc%3D said...
All he did was ask the girl for a statement, he is not representing the family. It is a personal challenge against the school.
April 9, 2010 at 5:30 PM Report abuse
themainecat said...
Having read though the many comments posted here, I felt the need to comment myself! First, I have be acquainted with Michael Waxman both personally and professionally for over ten years. The ridiculousness of calling him derogatory things is so childish! He is a extremely professional attorney! He is also a wonderful and dedicated father! If Waxman got involved in the matter, then there was a legal basis to do so. Kids will be kids, but also those kids need to be afforded what rights are dictated under law! My take is this; stop going against the parents and Waxman. Instead think about your high school times, and what what you did! I vote to allow the legal system decide what is correct, and what is not!
April 9, 2010 at 5:35 PM Report abuse
Carol said...
Why the name calling? Why attack Waxman's kid? IT IS NOT RELEVANT TO THIS CASE!!
April 9, 2010 at 5:37 PM Report abuse
R3RyaXJ3ZXc%3D said...
Well said, themainecat! Irrelevant statements about the families involved are unnecessary.
April 9, 2010 at 5:38 PM Report abuse
Mainedog said...
Her parents should send her to Cheverus, they would all fit right in! If you don't like or break the rules you go to court! The parents don't show their children anything but how NOT to be responsible!
April 9, 2010 at 5:45 PM Report abuse
cooper said...
Wow, times have sure changed. I got kicked off basketball for drinking when I was 16 many, many years ago........then I had to go face my father. To the young lady: You're 16. You know the difference between right and wrong....in other words, you did the crime, you do the time.
April 9, 2010 at 5:56 PM Report abuse
mainerunr said...
When they lose (and they will), the parents should be relieved from the burden of having so much money they they can sue over something like this by having to reimburse the school for the legal costs associated with this frivolous lawsuit. If not, the Yarmouth School Board should drop ALL extracurricular activities so as to not unduly subject the school department to frivolous lawsuits such as this. (they could also claim that they simply do not have funds in the budget due to their overexpenditure defneding themselves from this lawsuit. See how the other students and parents feel toward this girl and her family then.
April 9, 2010 at 5:56 PM Report abuse
cooper said...
......and does anyone else find humor in the fact that this headline is with one that says, "In appeal for beer, Obama has brewers hopping in Maine" lmao
April 9, 2010 at 5:57 PM Report abuse
QmF0dGVyeUxvdmVy said...
Get over it parents? Are we just assuming that drinking at age 16 is a cardinal sin? There are many, many successful kids who do much worse than drinking a single beer. And yet we see it as acceptable that the school's vice principle, lacking any sort of legal training, can interrogate this girl without informing her of her rights? The school should not be involved in the goings on outside of school grounds. Like many people are saying, it is the parents responsibility, and if that doesn't work then other options should be pursued. Then, if her drinking becomes a problem (imo this is a minor law violation, not a problem at this point) the school should not be involved in punishing the girl, but helping her. But for now leave it be... it's one beer.
April 9, 2010 at 5:57 PM Report abuse
XPortlander said...
Waxman said his client deserved due process at 200.00 per hour I bet he does....it is black and white
April 9, 2010 at 6:00 PM Report abuse
Qm9iMTIzNA%3D%3D said...
Most of the people commenting here have absolutely no idea what they're are talking about. First of all the girl named in the article is not suing the school and neither is her family they are being cited as an example for Mr. Waxman's lawsuit. However, constitutional rights are being violated consistently by the authority figures and administration of YHS overstepping to an extreme extent- taking students out of classes, determining that some students are guilty while others are not, and making assumptions on photographs where it is not 100% clear that the student is even holding a beer can. This is operating by the policy of guilty until proven innocent and that is not what America is about.
April 9, 2010 at 6:11 PM Report abuse
GG0820 said...
Qm9 . . .whatever: They're not suing school officials? So the following assertion by the PPH reporter is not true? "They sued the town's school district in federal court in Portland this week, after their daughter was given a three-week suspension from the team for holding a beer can in a photo on a social networking Web site." Huh . . .
April 9, 2010 at 6:32 PM Report abuse
Dino90000000 said...
What ever happened to basic accountability for one's actions? There is a signed contract, and a drinking law. Granted, it's unfortunate for her, but the camera that took a picture of her holding a beer, doesn't lie. How do people get off bringing the constitution into areas where there's no relevance for it?
April 9, 2010 at 6:42 PM Report abuse
Uvebenhad said...
Too funny....attorney father will sucessfully argue the confession was forced and there is no proof the can had beer in it. It could clearly,but unlikely be empty. She likely just chugged it.2 lessons here. Dont put your dirty laundry on stupid sites like Facebook. MySpace is too yesterdat according to my kids.
April 9, 2010 at 7:03 PM Report abuse
null said...
Wow. Holding a beer can. She deserves a good spanking. Good thing none of us back in the good ole days were ever guilty of such a heinous crime.
April 9, 2010 at 7:23 PM Report abuse
lovinit said...
Mainedog, Your such a cutie pie, when neck gets so red. Read it again darling, you'll find it.
April 9, 2010 at 7:41 PM Report abuse
Badoog said...
I think that she and her parents should have consulted with their attorney before she signed to contract. And there are no custodial interrogation issues here. The parent(s) do not have to be present when the stupid kid is questioned. This is a school setting, not a police one. There are no fourth or fifth amendment protections here. Smarten up and be responsible for your actions. Mom and Dad too.
April 9, 2010 at 8:06 PM Report abuse
WUhTS2lkMTEyMw%3D%3D said...
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April 9, 2010 at 8:16 PM Report abuse
Carol said...
How do you know that Waxman isn't taking this pro bono?
April 9, 2010 at 8:39 PM Report abuse
anonymous said...
Let me clarify one thing. According to Maine State Statute (here's the link: http://www.mainelegislature.org/legis/statutes/28-A/title28-Asec2051.html ), "A minor may not: B) Consume liquor or imitation liquor, except in a home in the presence of the minor's parent, legal guardian or custodian,..." So if the student was in their own home and the parents were home, what she did is actually not ILLEGAL. It is, however, against the honor code, and absolutely, positively stupid on all of their parts, regardless, so the suspension should still apply.
April 9, 2010 at 8:51 PM Report abuse
SmVubmE3Nw%3D%3D said...
These are extra curricular activities children do not have to participate in with the school. In choosing to do so she signed a contract and broke it. She deserves the punishment she is getting. If this was my daughter, I would be a little more concerned with the fact my 16 year is posting pictures of herself with beer cans and a little less lawsuit happy over the school trying to protect children. This is just another example of extremely poor parenting.
April 9, 2010 at 8:52 PM Report abuse
null said...
My child (who is a yhs student,) says the student in question did not put the picture on her own Facebook or MySpace page; the photo was on another student's page, along with other pictures of a "party". That being said, it is obvious that a devious student with a grudge could "game" the administration's zeal against other students, while the school protects the tattler's identity for "confidentiality" reasons.
April 9, 2010 at 8:59 PM Report abuse
XPortlander said...
Carol said... How do you know that Waxman isn't taking this pro bono? Good point Carol a lot of attorneys work for potentially nothing. The only difference between a lawyer and a convicted robber is the attorney went to school and can do it legally.
April 9, 2010 at 9:43 PM Report abuse
otisslee said...
Carol is taking quite a narrow view of this. The issue is not only how the school behaved. The issue primarily is violation of a code of ethics. Like a doctor takes a hippocratic oath? An oath is something one takes to bestow respect, credibility, expectations and order among a fraternity of like minded people (in this case, a high school sports team). If the girl was not drinking beer, then let her come out and say so, explain the photo, and be done with it. But she has not done that - so we naturally presume she was drinking beer in violation of an oath she took. God help us all if high school honor codes are ruled to be a violation of rights.
April 9, 2010 at 10:01 PM Report abuse
Portcitylive said...
Perhaps the school was too heavy handed, but The young lady apparently did violate an agreement and too many lawyers are willing to provide an out for monied, spoiled children
April 9, 2010 at 10:25 PM Report abuse
huh said...
I didn't realize that LaCrosse was a constitutional Right...Evidently it is in Yarmouth. These parent do nothing but enable this entitled attitude and behavior in thier kids. Waxman is in my opinion a booob. When I saw that he brought forward this suit...I laughed. He is known for unfounded lawsuits that never make it past the first hearing. If you hire Waxman, it says to me that NO competent attorney would take the case. The student knew she messed up when she lied to the principal about the can. Good Luck to Yarmouth School District!
April 9, 2010 at 11:24 PM Report abuse
gotogoal said...
Hey Null..Hey ED What's it going to take? A car full of YHS kids wrapped around a telephone post before we wake up and deal with our teen drinking and drug problem? I want your names and addresses so we can count on you to carry the coffin at the funerals. You think this is harsh...ask the state police captain who handles the knock on the door and informing the parents there's been an accident. Unbelievable! Waxman...if there is blood on the pole, how will you respond? Will you say we did everything possible to keep 'em safe. What do you know about teenage brain development and the frontal cortex? Load your mind before you fill up our courts.
April 9, 2010 at 11:49 PM Report abuse
henryelm said...
according to the news he IS an ambulance chaser. He said he was looking for a case to MAKE a case. I suspect we know only 1/2 the story, IF that. The media has a habit of messing up the facts however, playing a little Fox news-lite. At this point I feel bad for the kid , who probobaly would have preferred to do the consequence "quietly".
April 10, 2010 at 12:38 AM Report abuse
fuzzball said...
lovinit said... "Typical republican parents. Muffy call the lawyer, Buffy made a boo boo." Then when questioned on how he/she knew the parents were republican lovinit says... "taxationland It's in the article, duh" Typical liberal lies and ignorant labeling. Nothing in the article mentions anybodies political affiliation. But hey, a liberal said it's true so it must be. Liberals = propogandist
April 10, 2010 at 2:17 AM Report abuse
fuzzball said...
Pillory you are wrong. A minor may consume at home, with parents consent and under their supervision.
April 10, 2010 at 2:51 AM Report abuse
fuzzball said...
Pillory you are wrong. A minor may consume at home, with parents consent and under their supervision. Title 28-A ss2051-1B - minor may consume alcohol at home in the presence of minor's parent, legal guardian or custodian.
April 10, 2010 at 3:05 AM Report abuse
fuzzball said...
Typical uninformed moronic PPH posters. Easily explains why Maine is in such poor condition. Same idiots keep voting in the dems. Priceless
April 10, 2010 at 3:08 AM Report abuse
Player said...
Lovinit, typical moron left wing lib. DUH!
April 10, 2010 at 4:02 AM Report abuse
barbour32 said...
Just speaking as one who went to Yarmouth a long time back and knows not much on the law but I do believe that you can not be held to a contract if under the age of 18 anyway and what you do after school should be none of the schools business anyway maybe what the school should of done is turn the photo over to the Yarmouth P.D. last time I looked the age you can start drinking in Maine is 21
April 10, 2010 at 7:09 AM Report abuse
redsox07 said...
How about taking a little responsibility parents. You are making a big mistake and even worse, you are teaching your children to avoid taking responsibility for their actions by unethically using the courts to make yourselves feel better after dropping the ball. Grow up and be adults!!!
April 10, 2010 at 7:36 AM Report abuse
UofA said...
weatherfreak- You were not the only HS student never to drink alcohol while in school. I had my first drink on my first weekend pass while going though basic training long, long time ago. This little girl needs to stop playing any sports or commit herself to any contracts. Did she read the "honor" contract before she was forced to sign it? What a life she is in store for. I hope she doesn't have any kids.
April 10, 2010 at 8:11 AM Report abuse
David said...
Thank god for Facebook. Thank god that the supercilious, privileged teens of Yarmouth weren't sufficiently coached by mommy and daddy to hide their well known antics.
April 10, 2010 at 8:11 AM Report abuse
ParentTeachr said...
(Continued) I HAVE TO SAY THAT THIS STORY TRULY INFURIATES ME BECAUSE IN THIS ECONOMY; I DO NOT WANT MY TAX DOLLARS WASTED ON ATTORNEY FEES. So pictures of a party are left on a principal’s desk, they investigate a dozen or so are questioned; several are suspended for Code violations. From my vantage point all were treated equal. I implore the parents and Mr. Waxman to drop this case. YOU ARE HURTING ALL YHS STUDENTS! Moneys and administration time spent on this litigation will ultimately impact YHS programs and do you really want academic/athletic programs CUTS FOR ALL so your daughter can play 3 weeks of lax? Please think about what you are doing to the entire community and especially the `students!!!
April 10, 2010 at 8:19 AM Report abuse
youknowit said...
When I was in high school in the sixties half the students would drink on the weekends, and no one would dream of ratting someone out, including kids someone didn't like. That being said, we also didn't have cell phones, let alone cells with cameras. Technology changes, so the level desecration has to change, unless a kid wants to pay the price. So the parents were not mad at their KID your drinking illegally, rather they are mad at the school for the discipline. This law suit if successful will diminish the already eroded capability of schools to keep students in line. I can't imagine having the arrogance to sue a school for enforcing a policy written to encourage self discipline. Waxman is indicative of what is wrong with our society, and the results can be seen in the scholastic results, and lack of civility, and the ridiculous expense we all pay due to out of control frivolous lawsuits.
April 10, 2010 at 8:40 AM Report abuse
ParentTeachr said...
(Part 1 of 2) I HAVE TO SAY THAT THIS STORY TRULY INFURIATES ME BECAUSE IN THIS ECONOMY; I DO NOT WANT MY TAX DOLLARS WASTED ON ATTORNEY FEES. I have kids in YHS. YHS is an exceptional school both academically and athletically. Not only does the school expect high standards. The students themselves have high standards. Every parent signs the HONOR Code (not a legal contract per se) so these parents are telling us there is no HONOR in their signature. The students sign the HONOR code to play in extracurricular sports which is a privilege and not a right. STUDENTS MAKE A CHOICE when they break code. But they are teenagers and they drink and just hope they do not get caught. Honor means taking the consequences when you violate it. I emphasis this is an Honor Code and every school in Cumberland County has one and some are more strict that ours. I implore the parents and Mr. Waxman to drop this case. YOU ARE HURTING ALL YHS STUDENTS!
April 10, 2010 at 8:46 AM Report abuse
otisslee said...
Micheal Phelps didn't go to court after being cell phone videoed taking a bong hit. He apologized, took his drug test and sanctions, and went on with his life. Hmmmmmm.....maybe Phelps is a good role model for this lax player and her parents after all.
April 10, 2010 at 9:26 AM Report abuse
Dino90000000 said...
A poster cited "title 28-A ss2051-1B." For the record, there is no such title. A case of technology, an honor code to try live up to, a snitch, underage drinking, a sue-happy society, and changing times.
April 10, 2010 at 9:28 AM Report abuse
henryelm said...
The lawsuit, IF successful, will end SCHOOL sponsored taxpayer funded sports. This was a SCHOOL sponsored (taxpayers supported) sport. Requirements to join were clearly stated. They included being an upstanding citizen ON and OFF the field to bring HONOR not shame to the school's name. An honor code was signed( by student AND parents). It appears, it was violated. That violation was documented, caught on tape and presented to those in charge AND then the violators. Previously stated consequences were handed out. That should have been " the end of story". Then, it appears, enters an ambulance chaser with a personal axe to grind actively looking FOR a class action lawsuit.
April 10, 2010 at 9:34 AM Report abuse
lovinit said...
Player and fuzzball sitting in a tree... I love you pasty faced conservatives when you become unhinged. Maybe if you get out of your caves and into the light you won't be so close to obliteration. Mission Accomplished!
April 10, 2010 at 9:37 AM Report abuse
henryelm said...
Yeah kids do stupid things. That's why God give them responsible adults to guide and protect them and why schools give them clearly stated rules(and consequnces)to follow. Hello we are talking teens who think they are invincible and mini adults "nothing bad will happen to me" ( and adults who know they are NOT invincible and don't always use good judgment) Was this a federal crime?? NO. should it be treated like one? NO. She knew the rules, she apparently violated them(like many others DO), she does the consequence(like many others do). That should be " end of story". Unfortunately it wasn't .
April 10, 2010 at 9:49 AM Report abuse
SacoSam said...
Civil rights trump school image. The honor of the school went out the window when the school officials prohibited the student from calling her parents.
April 10, 2010 at 9:50 AM Report abuse
henryelm said...
Yeah kids do stupid things. That's why God give them responsible adults to guide and protect them and why schools give them clearly stated rules(and consequnces)to follow. Hello we are talking teens who think they are invincible and mini adults "nothing bad will happen to me" ( and adults who know they are NOT invincible and don't always use good judgment) Was this a federal crime?? NO. should it be treated like one? NO. She knew the rules, she apparently violated them(like many others DO), she does the consequence(like many others do). That should be " end of story". Unfortunately it wasn't .I feel bad for the kid at this point.
April 10, 2010 at 9:51 AM Report abuse
c2hpcG1hdGU%3D said...
Typical well-off parents thinking the rules don't apply to their kids. Pathetic!
April 10, 2010 at 10:03 AM Report abuse
homeboy said...
I have a fourteen year old child in the Portland school system who participates in a school sponsored activity in a nearby community. They sign an agreement at the beginning of each school year that requires that they maintain a certain grade level to be able to continue their participation. All parties are fully aware of what the contract means---there are no lawyers present when it is signed, and no one argues if the students grades slip. What better time to teach young people about responsibility than at an early age?
April 10, 2010 at 10:04 AM Report abuse
MEBUD1 said...
I believe she should be out of school by the contract she signed.You hate to see it happen she made a mistake like we all have at one time or another at that age. I guess the only thing I might take issue with if I had a child about to be kicked out and the child asked to have one of her parents at the meeting they probably could have honored that request. This is something that happened at home.
April 10, 2010 at 10:21 AM Report abuse
hsjunior said...
As a student at YHS, I find this case frustrating. Drinking is illegal. If the code were to be removed, students would have harsher punishments than the code entails. Though students do have the right to a public education, they don’t have the right to sports. Sports are a privilege. Why would any parent argue a contract that uses activities as an outlet to encourage kids to make good choices? When there’s reason not to drink, like risk of punishment and suspension from sports, it motivates (many) kids to make better choices.
April 10, 2010 at 10:33 AM Report abuse
hsjunior said...
The truth of the matter is, though parents want to "be the parents", how many actually do? So many of my friends roam free on the weekends, party, drink, smoke, and NEVER get caught. If you ask me, parents need to pay more attention to where their kids are and what they are doing. They need to step up and actually parent, rather than tossing the blame on the administration for trying to protect their kids. Many children were drinking at that party; even driving. Not only does this behavior endanger them, it endangers other students. Stop complaining and teaching your children to fight the system. The system is fair, generous, and only cares about keeping your kids safe and encouraging them to engage in positive activities. Maybe it is time that you do the same.
April 10, 2010 at 10:34 AM Report abuse
henryelm said...
"Civil rights trump school image. The honor of the school went out the window when the school officials prohibited the student from calling her parents.' sam I'm guessing that was made up by the student to do damage control with her parents after being caught doing something she KNEW she wasn't supposed to do..and KNEW would disappoint her parents. She panicked. She wouldn't be the FIRST kid to spin a story to minimize the consquences with parents.It is VERY (and MORE) likely they called the parents FIRST before talking to the students. They probably couldn't reach them.
April 10, 2010 at 10:34 AM Report abuse
SGTW said...
I find it interesting that the parent's didn't even want to comment about the story. If they really think the school screwed up they should be out telling everyone and spreading the word. But no, they don't want to comment and are letting the lawyer handle it so they can keep their name a secret. The kid screwed up. She should pay the price. "no honey, whatever happens in life you can call mr waxman and he'll fix everything, sweety".
April 10, 2010 at 10:46 AM Report abuse
SacoSam said...
henryelm, perhaps. However, it's unlikely that the parents (and the lawyer) would bring a lawsuit that could easily be dismissed with some phone records.
April 10, 2010 at 10:47 AM Report abuse
henryelm said...
well the plot thickens, sounds like there was a party with drinking and driving. Sounds like the community(other parents) got tired of the illegal drinking. A bunch of people( kids and maybe even parents or other adults, who provided the booze) got "caught" and had consequences. The rest appears to be CYA and NO ONE( least of all the grown ups) want to take responsibility or consequences. So just like the kids, they are blaming others. So let's blame the big bad school, the ONLY one acting responsibly towards the kids. Their action probably saved some kids lives. Sounds like things were getting out of control in yarmouth and someone decided to put the brakes on it. Someday the parents will be thanking the school instead of suing them, for that.
April 10, 2010 at 11:01 AM Report abuse
SGTW said...
SacoSam said... ...it's unlikely that the parents (and the lawyer) would bring a lawsuit that could easily be dismissed with some phone records. actually, i just looked at the lawyers website. he brags about being aggressive. also, i think i would want a lawyer who was detail oriented, not one that has typographical errors on his webpage.
April 10, 2010 at 11:02 AM Report abuse
Bella2525 said...
So why is it we hold a student who signs the honor code on a higher level. What about the teens that were at the party and not involved in any afterschool functions? Shouldnt they be punished and held accountable? Shouldnt the parent's be called in BEFORE they meet with the student to go over the crime committed and then present a united front? There are ALOT ot kids who sign the code that get caught who "self" report and give the school a list and are not punished as harshly. How is that fair? Also there were a few parties around playoffs, the school knew, the kids kept their mouths shut, the parent's knew and yet no one got introuble? HUH? Fairness, you drink you do drugs same punishment for all.You turn yourself in you tell on people, you go to the party same punishment. End of story.
April 10, 2010 at 11:04 AM Report abuse
SGTW said...
I'm re-posting the below comment. It would be good for the parents to read this opinion... FROM A STUDENT! "hsjunior said... As a student at YHS, I find this case frustrating. Drinking is illegal. If the code were to be removed, students would have harsher punishments than the code entails. Though students do have the right to a public education, they don’t have the right to sports. Sports are a privilege. Why would any parent argue a contract that uses activities as an outlet to encourage kids to make good choices? When there’s reason not to drink, like risk of punishment and suspension from sports, it motivates (many) kids to make better choices."
April 10, 2010 at 11:10 AM Report abuse
Dino90000000 said...
Try not to over-dramatize things: We're talking about a 3 week break from participating in a school sport. That isn't exactly a harsh punishment.
April 10, 2010 at 11:17 AM Report abuse
hsjunior said...
Dino- That was, in fact, exactly my point. The school is overly generous when dealing with drug and alcohol cases. And the kids are complaining? In real life, if you get caught doing something illegal, you are punished more severely and objectively. Even if the student in question was suspended from lacrosse, she should appreciate that she gets a second chance- not sue the school and bring negative light to a document that is meant to protect her.
April 10, 2010 at 11:26 AM Report abuse
Dino90000000 said...
Exactly junior - Great points. I was responding to Bella's and other such comments.
April 10, 2010 at 11:37 AM Report abuse
henryelm said...
IF parents weren't called, it is likely BECAUSE THEY WERE the ones PROVIDING THE BOOZE (illegally) so they COULDN'T provide a united "coverup". "Contributing to the deliquency of a minor", comes to mind. Again is this a federal case NO. But the "lawsuit", sure is making it one. Unfortunately some parent provide booze to their underage kids and think it's ok. It may be UNTIL they sit behind the wheel of a car( and kill someone else's kid). It still is illegal and illegal to furnish liquor to minors( all for a good reason; kids can't handle booze responsibly). And it violated the honor code. Go ahead scream parental rights BUT what about parental responsibilty?? No one said being a a parent was easy. A mountain being made out of what should have been a mole hill.
April 10, 2010 at 11:58 AM Report abuse
henryelm said...
Bella sounds like some people(parents)in the community were getting sick of the silent condoning and community coverup of the activities. Maybe they didn't think underage drinking was"child's play" or Ok. Maybe they were afraid someone might get killed BEFORE graduation? And they were praying it wasn't THEIR kid?? Sounds like the parents in the community need to have a talk, sounds like they have a community wide problem that needs addressing. And maybe NOW they will address it, BEFORE someone gets killed .
April 10, 2010 at 12:16 PM Report abuse
WUhTU3R1ZGVudA%3D%3D said...
I'm fairly certain that Mr. Waxman was not hired by the family to represent them. He is not getting paid. He's been an opponent of the code for a long time now and has been looking for an opportunity to fight it, and this girl's situation came as an opportunity.
April 10, 2010 at 12:16 PM Report abuse
henryelm said...
Bella sounds like some people(parents)in the community were getting sick of the silent condoning and community coverup of the activities. Maybe they didn't think underage drinking was"child's play" or Ok. Maybe they were afraid someone might get killed BEFORE graduation? And they were praying it wasn't THEIR kid?? Sounds like the parents in the community need to have a talk, sounds like they have a community wide problem that needs addressing. And maybe NOW they will have a chance to openingly discuss it, BEFORE someone gets killed.
April 10, 2010 at 12:18 PM Report abuse
WUhTU3R1ZGVudA%3D%3D said...
As a YHS student, I would also like to offer a perspective. It's true that the code is ambiguous and is often enforced unfairly and inconsistently. The "embarrassment clause" enables the administration to consider anything they please to be a code violation. By the standards they've held in the past, every single one of the likely 50 students caught at the party and identified in the pictures in the facebook album should have been punished for violating the "embarrassment clause" by being in a location where alcohol is present. Kids have been punished with this in the past. The code is not enforced consistently at all. Also, what are members of the administration doing after hours snooping through facebook albums? It's a known fact that this happens. I'm not sure where this fits into their job descriptions. There's a general feeling among students that the administration puts too much effort into finding ways to punish us. This is not the way it should be.
April 10, 2010 at 12:24 PM Report abuse
WUhTU3R1ZGVudA%3D%3D said...
Going off of my last comment, being a student at YHS, I'm still not pleased with this lawsuit. What bugs me is that it's being revolved around the situation of this one girl. Yes, the code is vague and poorly drafted. Yes, it needs to be revised. However, I disagree with the notion that schools play no role in encouraging us to make good choices. Focus should be put on the actual absurdity of the code, and not on this individual girl, because it's really not what it's about. Waxman is using this as an excuse to attack the code itself. Many students at Yarmouth are arrogant, pretentious, and think they're above the law and the rules of the school. This lawsuit is just reinforcing her entitled view that she is above others and can get away with whatever she wants.
April 10, 2010 at 12:30 PM Report abuse
WUhTU3R1ZGVudA%3D%3D said...
One last thing I would like to bring into conversation... Sports are funded by our parents' taxes. Parents pay for our ability to participate in sports. They are not exactly a gift funded by Mrs. Bongard and Ted Hall themselves. What is the line that makes them a "privilege" versus a "right?"
April 10, 2010 at 12:34 PM Report abuse
ParentTeachr said...
(let me say this agan) I HAVE TO SAY THAT THIS STORY TRULY INFURIATES ME BECAUSE IN THIS ECONOMY; I DO NOT WANT MY TAX DOLLARS WASTED ON ATTORNEY FEES. I have kids in YHS. YHS is an exceptional school both academically and athletically. Not only does the school expect high standards. The students themselves have high standards. Every parent signs the HONOR Code (not a legal contract per se) so these parents are telling us there is no HONOR in their signature. The students sign the HONOR code to play in extracurricular sports which is a privilege and not a right. STUDENTS MAKE A CHOICE when they break code. But they are teenagers and they drink and just hope they do not get caught. Honor means taking the consequences when you violate it. I emphasis this is an Honor Code and every school in Cumberland County has one and some are more strict that ours. I implore the parents and Mr. Waxman to drop this case. YOU ARE HURTING ALL YHS STUDENTS
April 10, 2010 at 12:44 PM Report abuse
youknowit said...
So what if this girl is "a good kid" as Waxman, the defender of the right of youth to drink illegally, says. She signed a honor agreement, and so did her parents. They obviously have no real honor, or they wouldn't have signed an agreement they had no intention of keeping, or at least they would have brought complaint BEFORE their "good kid" got caught engaging in ILLEGAL activity. The administration of the school also "didn't go looking" as one writer has erroneously stated. The picture, according to this story anyway, was stuck on their deck blown up by someone, and all these "honorable" parties are anonymous? Pathetic! More tax payer money wasted. She was only getting a three week suspension for pity sake, and they now sue? Absurdly self centered nonsense that unnecessarily costs taxpayers.
April 10, 2010 at 1:23 PM Report abuse
ParentTeachr said...
To WUhTU3R1ZGVudA%3D%3D, we parents fund your education through local taxes which includes academics and the priveledge to participate in sports.
April 10, 2010 at 1:37 PM Report abuse
WUhTU3R1ZGVudA%3D%3D said...
That didn't really answer my question. What is it that makes academics a right and athletics a privilege?
April 10, 2010 at 1:50 PM Report abuse
null said...
Attorney Waxman: I know Joe Bornstein. You are no Joe Bornstein.
April 10, 2010 at 1:53 PM Report abuse
ParentTeachr said...
To WUhTU3R1ZGVudA%3D%3D, it is all about econmics. Public schools are mandated by state law to provide an education to all students. They are not mandated to provide athletics. That is why when there are tax cuts, sports are the first place to get cuts.
April 10, 2010 at 1:57 PM Report abuse
SacoSam said...
henryelm, you are clearly not a parent. If there was proof that the parents furnished her with alcohol why weren't the police called in? Why would the parents risk the exposure of a lawsuit if they contributed to her delinquency? The punishment is just for her actions (I have never defended her). My concern is the actions of the school officials who, without authority, decided the parents were unfit and prevented their daughter from contacting them. I'm certain I'm not the only one that feels this way.
April 10, 2010 at 2:30 PM Report abuse
SGTW said...
For whoever states that the lawyer was acting on his own and family was not directly involved... read the first two sentences of the article.
April 10, 2010 at 4:58 PM Report abuse
null said...
First, Dino90000000 is wrong. Surprisingly enough, it IS legal for a minor to drink in the presence of their legal guardian. I don't know how you can say there is no Title 28-A when it is posted right here on the Maine Legislature website: http://www.mainelegislature.org/legis/statutes/28-A/title28-Asec2051.html As for the rest, what a sad story. What an awful lesson this girl is being taught. I'm sickened by the number of people saying things like, "Let parents be parents," because that's kind of the whole point of this story. Those parents weren't and AREN'T being parents - that's why the rest of the world has to step in. Clearly they're not getting the message. Next time, it won't be lacrosse and a suspension; it'll be the cops and some jail time.
April 10, 2010 at 5:20 PM Report abuse
null said...
WUhTU3R1ZGVudA%3D%3D, you might be surprised to know that, with respect to federal law, children do NOT have a "right" to a public education. The only children who have specific rights to an education are those with special needs.
April 10, 2010 at 5:24 PM Report abuse
null said...
WUhTU3R1ZGVudA%3D%3D, paying taxes to support something doesn't give you any rights to it, in and of itself. If it did, I would have the "right" to drive as fast as I want (I paid for the road), have a party in the town office meeting hall (I paid for the building), keep forever any library book (I bought it), and build my house on State Park land (it's partly mine, right?)
April 10, 2010 at 5:28 PM Report abuse
gitoverit said...
What's happened to accountability? There are rules and regulations that we all should live by. If we break them, then we should be ready to pay the price and SHUT UP. Hiring a lawyer every time somebody screws up is foolish and is no way to teach a child right from wrong. Either get over it or throw all the rules and policies away and let the little darlings do as they choose. After all they're our future???????????????
April 10, 2010 at 7:58 PM Report abuse
Badoog said...
SacoSam, surely you aren't suggesting that the school has to give a student a Miranda warning before they speak with them? This is a school setting, not a police one. There are no Constitutional protections here. The parents should be concentrating on their daughters' mistake, not that she can't play three lacrosse games.
April 10, 2010 at 8:27 PM Report abuse
kay said...
We hold the kids that have to sign the Honor Code to a higher level because they have choosen to represent their school. At our high school you also have to have a certain grade level, or you can't play. Many kids have had to sit out of games, until they bring their grades back up. Play by the rules,or don't play! Maybe that's why so many of our professional athletes today feel they are above everything...it all starts in high school.
April 10, 2010 at 9:04 PM Report abuse
David said...
This is all very simple to resolve. First, they have no case. Courts have uniformly held that there is no protected interest in participating in extracurricular activities that allows the kind of lawsuit that Waxman has filed. The letter he sent threatening suit was filled with citations to inapplicable cases. (Yes, it was circulated among the students by Waxman.) Second, the parents who hired him should be ashamed of themselves for hiring a lawyer over their daughter being suspended for drinking at 16. Third, filing a suit in a case like this is perhaps the worst lesson and example we can give to our children. High school is your last best chance of learning to accept the consequences of your bad judgment, misdeeds, and flaunting of your own agreements. If you don't learn it then, you likely never will. It's all pretty simple.
April 10, 2010 at 10:25 PM Report abuse
Angie said...
I have to agree that there is more to this story - however I do feel that schools try to be more like parents than they should be! However there are many absent parents in our society due to increased work pressures, etc... I would like to know if the parent signed it too? Also if so they should have had the parent present first. I wish schools could go back to teaching academics - particularly spelling! This should be a parent's job - but I guess in this case where was the parent when the picture was taken?
April 11, 2010 at 7:44 AM Report abuse
somwhermaine said...
This is copied directly from the law look before you speak and it is illegal. Chapter 81: PROHIBITED ACTS BY MINORS §2051 - §2054 (2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B. (3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; [2003, c. 452, Pt. P, §4 (AMD); 2003, c. 452, Pt. X, §2 (AFF).] B. Consume liquor or imitation liquor, except in a home in the presence of the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002. The following penalties apply to violations of this paragraph.
April 11, 2010 at 7:45 AM Report abuse
Jack24 said...
"do you know who I am? "I'm a rich spoiled brat and my Parents tell me rules do not apply to me!"
April 11, 2010 at 8:49 AM Report abuse
othermissy said...
she deserves it.. hopefully the cops decide to press underage possession by a minor.. probably not since it's only a picture.. but one can hope.. this is how little alcoholics statrt out.. probably not her first beer either
April 11, 2010 at 9:00 AM Report abuse
bmFwb2xpNw%3D%3D said...
Poor example being set by parents. does indeed sound like a spoiled rich girl with mommy and daddy by her side. Rules are rules. She should be minimally suspended from the team. Isn't the legal drinking age still 21? Charges should be filed. This is a legal matter.
April 11, 2010 at 10:02 AM Report abuse
SacoSam said...
Baadog said, "This is a school setting, not a police one. There are no Constitutional protections here." Thankfully, you are incorrect else the school officials probably would have forced her to do a strip search. Yes, the school administrators have a tough job. Yes, the girl screwed up and she should be punished. No, the school does not have the authority to prohibit the girl from contacting her parents. Even law enforcement have rules on interviewing a minor without the consent of parent and then only under specific circumstances. The school overstepped their bounds and it needs to be addressed.
April 11, 2010 at 10:48 AM Report abuse
Merrigan said...
The parents are idiots. this is why we have a generation of spoiled entitled brats.
April 11, 2010 at 10:59 AM Report abuse
tiepair said...
This should be cut, and dry. The student signed an honor code, and was caught violating it. If she didn't want to get caught, she shouldn't have done it, and then let people take pictures of her consuming it. It disgusts me that the parents are trying to appeal something like this. Does signing a document have no meaning? Like it or not, schools and employers are often able to find things about you on the Internet; especially social media sites. Don't do stupid stuff, and let pictures be taken of it.
April 11, 2010 at 11:28 AM Report abuse
Jeff said...
I got caught drinking when I was 16. Guess who made me call my coach and confess thus leading to a suspension. My Parents! Now we just have another snot nose, can do no wrong, gimme gimme gimme kid who will have no idea what the real world is like. I got a red card in soccer game once. I guess my civil rights were violated too. I guess I suffered undue stress and irrepreable harm from getting a game suspension with no due process. Go read the constitution first before you wipe the snot from your poor daughters face with it. Playing sports is not a right.
April 11, 2010 at 12:42 PM Report abuse
ParentTeachr said...
All schools have athletic codes so this case impacts every school in the area. Some schools are even stricter that YHS's Code. In my school any student in the presence of alcohol would have been suspended. Every student in the photos that were dropped on the principal’s desk would have been suspended. Maybe YHS is not strict enough?
April 11, 2010 at 2:16 PM Report abuse
AKMaineiac said...
The difference, if not obvious, between the school questioning the student and law enforcement is this. Upon discovery, the facts of the case remain confidential and will not result in a permanent public criminal record for the individual. It is for the purpose of teaching the student and possibly heading them in the right direction. While I agree that mom should have been called when the girl asked, and that the process should have been stopped. The outcome remains the same, regardless. No amount of intervention by mom on her behalf would have altered the result. My mother, or father, would have come to the school and told me to sit down and shut up. They would have listened to the principle respectfully and politely, and then taken me home. "Be an adult and take your knocks... you knew..."
April 11, 2010 at 3:31 PM Report abuse
YarmouthX said...
"Merrigan said... The parents are idiots. this is why we have a generation of spoiled entitled brats." So may I ask.. what are you really calling this new generation? And just to add... most of the stir up was how the Assistant Principle, Amy Bongard, handled the whole situation. Not allowing her to call her mother is a violation of her 5th Amendment right. Just like if one were to be in a station; they are allowed to ask for his/her's lawyers before further speaking to the police.
April 11, 2010 at 7:57 PM Report abuse
Badoog said...
SacoSam: Teacher: "What is one plus one?" Student: "Wait, I have to call my Mommy." The school doesn't have to call mommy to talk to the little girl. If you can't play by the rules, then don't play.
April 11, 2010 at 10:24 PM Report abuse
Z3JlZW5tb20%3D said...
Some background facts: This girl doesn't really have parents, just a mom. Same for the senior girl who hosted the party and whose mom spends much of her time out of town. Don't know if the mom, being offsite, could be charged with furnishing a place for minors to consume? Anyway, the lacrosse player filing the suit has shown up visibly drunk at school events (including those during the school day) and bragged about it afterward. This is sickening to the rest of us who take Code seriously. She also was not the one to post the pictures--that was another senior girl. And for those wondering about the Carol who defends Waxman on every point? She's the most recent of his ex-wives and so must be taken with a (large) grain of salt.
April 12, 2010 at 11:55 AM Report abuse
David+R.+Hil said...
Z3JlZW5tb20%3D, if what you say is true, why wasn't this student busted a long time ago?
April 12, 2010 at 1:04 PM Report abuse
null said...
Z3JlZW5tb20%3- so honestly, I think its incredibly rude for you to say that this girl filing a lawsuit doesn't parents. Because she does, she get YOUR facts straight. The yarmouth code is ridiculous. The fact that they can choose what is embarrassing and what isn't is unacceptable. Who cares if she drank, ABOUT 85% OF THE STUDENTS THAT GO TO YARMOUTH, DRINK, get over it.
April 12, 2010 at 2:04 PM Report abuse
null said...
Z3JlZW5tb20%3- so honestly, I think its incredibly rude for you to say that this girl filing a lawsuit doesn't parents. Because she does, she get YOUR facts straight. The yarmouth code is ridiculous. The fact that they can choose what is embarrassing and what isn't is unacceptable. Who cares if she drank, ABOUT 85% OF THE STUDENTS THAT GO TO YARMOUTH, DRINK, get over it.
April 12, 2010 at 2:04 PM Report abuse
Z3JlZW5tb20%3D said...
WOW - the rate of drinking must have skyrocketed in the year since I graduated from YHS! There's no way it was 85%. Do you present this number to protect your status as a junior alcoholic?
April 12, 2010 at 2:28 PM Report abuse
David+R.+Hil said...
Z3JlZW5tb20%3D said... "I'm the parent of two Yarmouth high schoolers..." "...in the year since I graduated from YHS." Hmmm. That's interesting. I'll ask again -- why wasn't the student in question suspended earlier if she's been drinking so much lately?
April 12, 2010 at 2:37 PM Report abuse
Z3JlZW5tb20%3D said...
David+R.+Hil you're right-I should've created my own log-in instead of using my Mom's computer. But to answer your point--does the fact that she got away with it before make it somehow okay now? Back when I was in 10th(I think) grade and the "plaintiff" was in middle school, she and some other kids took the family car for a beer-drinking joyride and got caught by the cops. If you're a student around that age, surely you remember this? It just points to a history of alcohol use. and to your other point about her parents, I posted that bcz it bothers me that people outside of Yarmouth have been posting comments that paint a picture of some spoiled rich kid and her Mommy and Daddy and I just think it's unfair for people to assume that. I know her life hasn't been the easiest and I know they're not rich.
April 12, 2010 at 2:59 PM Report abuse
David+R.+Hil said...
I was actually on the School Committee (maybe even the chair) when the predecessor of the current Honor Code was first developed so, as you can imagine, I'm a supporter of the Honor Code. So I guess the answer to my question is what you said -- she got away with it. How about the other comments about the student and mother not really being the plaintiffs, with Waxman filing this on his own? How can that be without the consent of those involved?
April 12, 2010 at 3:22 PM Report abuse
greenmom said...
avid+R.+Hil, I was under the impression that the mom DID hire Waxman...
April 12, 2010 at 3:36 PM Report abuse
David+R.+Hil said...
This is the comment I was asking about:........R3RyaXJ3ZXc%3D said... "As someone who knows the full story behind this lawsuit, Waxman is the one filing suit, not the parents of the student that was affected."
April 12, 2010 at 3:47 PM Report abuse
WUhTU3R1ZGVudA%3D%3D said...
I'm a YHS student, and the lacrosse player is a spoiled, entitled, pretentious, arrogant brat along with many people at that party and the crowd she hangs out with. She actually thinks it's ridiculous that she's being punished. Please don't reinforce this thinking of hers. She needs a smack in the face by reality one of these days. She's no greater than the dozens and dozens of kids who have been punished by means of the honor code throughout its history. Let her watch her teammates play in two lacrosse games from the sidelines... boo hoo.
April 12, 2010 at 3:55 PM Report abuse
SFNTRU5JT1I%3D said...
This whole thing is being blown out of proportion. Who cares if "Yarmouth kids are spoiled", there are a lot of people around various towns who are very well off. We were born into families that work hard, it doesnt mean that we are not intelligent or get away with everything. The school butts into our personal lives to much, they need to know that kids are going to do whatever they want to do, whether they like it or not.
April 12, 2010 at 4:20 PM Report abuse
Carol said...
Hey Z3JlZW5tb20%3D, you're wrong about who I am...get your facts straight before you post things publicly. It's AMAZING how many people who have posted here don't know the truth. Disgusting....
April 12, 2010 at 4:25 PM Report abuse
greenmom said...
Can I just say that my neighbor brought his daughter's cookie sale fund raiser for the lacrosse team to work and faced a barrage of questions from co-workers about if the money was going to support parties where beer will be served. No matter how you feel about the Code or that young lady, it's unfortunate that this is a black eye for the lacrosse team. I'm sure not all the players are drinkers but some people assume that to be the case!
April 12, 2010 at 4:49 PM Report abuse