Weston Student's Expulsion Case Argued Before High Court

The Massachusetts Supreme Judicial Court heard arguments Monday morning .

The SJC case is an appeal by Weston Schools Superintendent Cheryl Maloney. The student, referred to in court documents as "Robert Doe," had been expelled by the school system, but was returned to school last year after a preliminary injunction overturned the schools' initial expulsion.

According to court documents, Doe is claiming his rights to due process and equal protection were violated when he was expelled in mid-2010. School officials say Doe provided another student with a marijuana cookie, but Doe refused to answer any questions about the incident, to either Weston Police or the superintendent. 

His silence was taken as assent, and due to his expulsion, Doe ended up missing the second half of his junior year, and had to repeat it. He is currently a senior at Weston High.

Maloney is seeking to overturn the injunction that put Doe back in school, though her attorney, Leonard H. Kesten, told the judges today that the high school would not necessarily expel Doe if the injunction were overturned.

Associate Justice Ralph D. Gants asked Kesten if Doe was being expelled because of his refusal to speak to administrators about the issue.

But that wasn't the issue, said Kesten.

"He's being expelled because he sold marijuana in the school and showed absolutely no clue that this was a problem - his reaction was 'you can't prove it, I'll do it again'," said Kesten.

Kesten also argued that the judge who ordered the preliminary injunction, Justice Dennis J. Curran, overstepped his bounds. When Doe sued to be reinstated in school, the schools decided to give him another chance, under certain conditions, said Kesten. 

Those conditions included random urine tests for drugs three times a week, that Doe report to his guidance counselor three times a week, that his homework be up-to-date and he participate in extracurricular activities. If Doe failed any drug tests over a six-month period, he would be out of school.

Doe had previously failed a drug test that had been ordered by the court, for illegal substances.

However, Doe's attorneys came back with a changed proposal, most significant of which was that drug tests would be done as "recommended and ordered by the Probation Department," according to court documents. The student's family also asked that Doe's record be expunged.

Kesten said Curran ignored the schools' proposal and instead, put Doe back in school. 

"We just want a hearing on the merits [of the case]," said Kesten.

Arguing for Doe's side was attorney Dana Curhan, who said it was his opinion that the schools had not been forthcoming with a resolution.

This surprised Associate Justice Robert J. Cordy, who said it seemed to him that the school had indeed come up with a resolution, calling the plan "very reasonable."

Curhan said he thought drug testing three times a week was excessive, especially considering marijuana can stay in a person's body for up to 21 days. The student's family wanted him to be tested by a probation officer, he said.

But, said Associate Justice Gants, Doe was not currently on probation, and likely would not anyway because he is involved in a civil case, not a criminal case.

And while Doe may have failed a drug test as set by the court, it didn't mean he was guilty of the marijuana cookie incident, said Curhan.

"The judge seemed to be responding tot he fact that this boy was lying to him, about using drugs, and that he was going to deal with the drug issue as he saw it and try to give him another opportunity to be back in school, to be drug free," said Associate Justice Barbara A. Lenk.

Chief Justice Roderick L. Ireland fired back on both attorneys toward the end of Curhan's argument, asking if both sides could meet and come to a mutually satisfactory resolution on the issue, so that Doe's status in school could be swiftly resolved.

"I'm going to urge both of you to talk and figure out a way to reach some meeting of the minds on this. It's not too late," he said.

Both attorneys said they would meet.

The justices have 130 days to come to a final decision on the matter. Weston Patch will have results when they become available.

PDFs of some of the legal briefs are available at right, as well as on the SJC's website.