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Vernonia school district v acton timelone
Drug testing in high school athletes paper
Vernonia school district v acton timelone
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School Athlete Drug Testing
In the case of the Roanoke County Schools, the schools should be allowed to test student athletes for drugs. This is because the drug tests are not a violation of the students’ 4th Amendment privacy rights. Since this case involves students in a school, different rules apply. Drug testing should also be allowed because the safety of the other student athletes could be threatened if one of them is on drugs. This case is important to the common good because it shows that although defending individual rights is important, occasionally rights must be given up for the safety of all. Court precedents in the cases of Vernonia School District v. Acton (1995) and New Jersey v. T.L.O. (1985) support this claim. Is it Constitutional
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T.L.O. (1985). Schools have a right to drug test student athletes because student’s rights must be balanced with safety. This case involved a student that was caught smoking in a school bathroom by a teacher. Her purse was searched by the principal and it was discovered that she possessed marijuana. The student claimed the search had been an invasion to her right of privacy and appealed the conviction. The Supreme Court sided with the school district. The court noticed that students must be able to learn at school, so anything disrupting the learning environment must be stopped, despite students still having privacy rights. “Students have ‘legitimate expectations of privacy,’ the Court said, but that must be balanced with the school's responsibility for ‘maintaining an environment in which learning can take place’” This is similar to the Roanoke County schools case because both are faced with balancing student privacy rights and maintaining a safe school environment where students can learn. This court case supports the claim that drug testing should be allowed because it is shown that is is necessary for student privacy rights to be balanced with student safety. This is similar to the Roanoke County Schools case because although student privacy rights are being restricted, the safety of the other student athletes is in danger so the drug tests should …show more content…
The main reason for this is that at school, different rules apply to students. Some of these can lessen their rights to privacy. In addition to this, the safety of the student body is more important than full privacy rights at school. Drug testing student athletes is not a violation of the 4th Amendment because school rules permit limitations on the rights that students have. If we follow this policy, it is better for the common good because the Roanoke County Schools case shows that sometimes rights must be given up to obtain safety. If people understand this, they can avoid dangerous situations without unnecessary arguments concerning rights. It is clear from the case of Vernonia School District v. Acton (1995) that student privacy rights can be constrained by school rules. Also, the case of New Jersey v. T.L.O. (1985) proves that schools must balance student rights with safety, which is why drug testing should be allowed in school sports. When we ask if it’s Constitutional to limit students’ privacy rights, or if students always have full rights even if it makes the environment less safe it is clear what the answer is. It is evident that it is within the Constitution to lessen students’ privacy rights on campus to keep students
Vernonia School District v. Acton was a US Supreme court decision that aims to uphold the constitutionality affecting random drug testing implemented by local public schools in Vernonia, Oregon States. This provision mandates student athletes to undergo drug testing before they are allowed to participate in sporting activities. This particular measure established by the constitution stated that it propagates any illegal use of any prohibited substances for students in order to preserve the integrity of the society, in particular with regard to drug use. An official investigation led to the discovery that high school athletes in the Vernonia School District participated in illicit drug use. School officials were concerned that drug use increases the risk of sports-related injuries.
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Keller High School principal, Jeff Bradley states, “’We want to take every precaution to keep drugs out’” (Engelland par 5). Bradley sent out letters to the parents of students of Keller informing them of the searches by drug dog. The dogs will search student’s lockers, parking lots, and the classrooms (Engelland par. 6-8). In another article, Mark Walsh addresses the impact that drug dogs have had on schools. He tells how under Florida’s Fourth Amendment understanding, police officers would be free to walk by a car or a student for example and instruct the dog to begin searching (Walsh 21). Walsh tells of how other cases involving dogs will affect schools because if it is permissible for a dog to walk up and sniff anyone that passes by this point in time police will be continually searching without a warrant. This would be a blatant disregard for the amendment against unwarranted searches and seizures (21-2). If this were to continue, dogs could eventually maintain a steady presence in schools, and this would impact schools significantly due to the fact that the police would not be required to leave. Police already hold a high presence, and drug dogs would highly increase police authority
These cases and due process standards allow for a protection of students within the school, and ensure that student’s constitutional rights do not stop at the schoolhouse gates. Moreover, these cases ensure that administrators are running schools in a manner that is fair and consistent, and not arbitrarily disciplining students without due process. I think they provide for an efficient school because students will understand what they are being disciplined for, and have the ability to engage in a defense of the...
Jovan is a 23year-old African-American male, who has voluntarily admitted himself for inpatient treatment at a local non-profit agency due to abuse of alcohol and other drugs. Jovan has been unemployed for the past 9 months; his employment position with Dollar General was terminated due to charges of embezzlement. He admits that he took money from the register but planned to replace it when he got paid. So, Jovan is currently unemployed, homeless, and has charges pending due to embezzlement and for writing a number of "bounced" checks written over the past year.
The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In 1980 at Piscataway High School in Middlesex County, N.J. a few girls were caught smoking in the bathroom. After being brought to the principal's office one of the girls, T.L.O., denied that she had been smoking. The principal then searched her purse looking for cigarettes. After finding a pack of cigarettes the search continued until the principal discovered evidence of drug dealing. This evidence was used to prosecute T.L.O. and ultimately she received a year of p...
The school locker is usually the only private space available to a student in the environment of the school. So it focuses many of the main issues involved in privacy of the students. The 4th Amendment of the US Constitution states “The right of the people to be secure in their persons, houses,papers,and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”
“Search and Seizure. Suspicionless Drug Testing. Seventh Circuit Upholds Drug Testing of Student Athletes in Public Schools. Schaill v. Tippecanoe County School Corp., 864 F.2d 1309 (7th Cir. 1988).” Harvard Law Review. 103 (Dec. 1989): 591-597.
Some may say that drug testing students is unconstitutional because it is an “invasion of privacy”. This, however, is not true. . . “In 1995, the United States Supreme Court ruled that drug testing for high school athletes was constitutional, and some districts expanded their policies to include middle schools.” I believe allowing schools to drug test athletes was a very positive thing. For many reason, but mainly because athletes who are on drugs have a higher risk of being injured. For example a kid who is on drugs and plays a sporting event has a greater risk of their heart stopping on the field or court. “Drug tests analyze bodily samples such as urine, blood, or hair to detect the presence of legal and illegal drugs.” The most common one is urine testing. I believe urine testing is the best way for high school students, because it does not take as long as some other tests and it is not as costly as other tests. This is especially important because obviously a school does not want to spend money on anything they do not have to. Our school does randomly drug test students every once in a while but only a few of the athletes are chosen to take the test so that really is not helping ...
Yes, I do know that even with school searches people bring all types of things on to school campus no matter if they get caught or not. I feel as if the students do have the right to refuse if they are searched or not because the fact of them being a minor and the fact that as a kid we get into places where we don't always know the right answer or way to go so we agree to things we might not understand. I also feel that if law enforcement has to have probable cause the school bored should have probable cause as well. " school officials.... are not required to advise students that they have a right to refuse consent to search .... or rise discipline." (Ellenberger 32) Some schools have all different policy's and rules to telling students their rights to refusing anything because they are dealing with more minors then with legal adults. Secondly, many parents get concerned about their children being in schools that don't have searches. " Parents and students fear that they will be in class with other students who are under the influence." (Robison) The parents and students feel that having school searches will help eliminate the drug and alcohol use in or during school hours. Lastly, most school bored are just looking for a safe environment for their students and staff to come to for eight
Answer: Certainly, safety is a major concern when it comes to every student. However, there comes a time when we are put in situations that are unavoidable due to extreme behavior. Cases like this one have allowed us to document, and therefore show proof, that inclusion is not in the best interest of a student, for their safety, and the safety of those they are in class with. When dealing with parents who want full inclusion and do not want to hear reasons why inclusion may not work, cases like Light v. Parkway have given the district the ability to “overrule” those
---. Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Colleges and Universities. Washington: U.S. Department of Education, 2007. PDF file.
Dazey, Josh. “Campus puts students at undue risk: while restricting “basic natural rights”. Ifeminists. Feb 12, 2002. http://www.ifeminists.net/introduction/editorials/2002/0212b.html
In the United States high schools dealing with student’s privacy are becoming more of a huge problem and more students are feeling that schools are validating their privacy rights. In recent discussions of teen privacy in school, is whether if schools go overboard sometimes and feel they can search the student’s because they are using school property or are on school property. Some people feel that students do need more privacy from their schools because they need their privacy just like everyone else, and with this more reasonability they will have to get them ready when they leave school. On the other hand, some think that by giving more privacy to the student’s more poor decisions would come out of it than strong ones. Students that have
...ey to getting a good job, but high school students can’t get their education if they are caught up in doing drugs. Over thirty percent of dropouts in the United States are because of drugs. The thirty percent of drug addict dropouts may never find a job. Thats why it is important for high school drug testing to be enforced among all students. High school drug testing would allow early notice of drug use and allow the school to steer the student into the right path towards success. The drug tests will give students confidence and another reason to say “No” when being peer pressured into trying drugs. Many would argue that drug testings invade their privacy, but with drug usage being at an all time high who can we count on? High schools are made to prepare students for their future, and in order to make the students successful we must allow high school drug testings.