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News (Media Awareness Project) - US IL: High Court Won't Hear Expulsion Case
Title:US IL: High Court Won't Hear Expulsion Case
Published On:2000-11-28
Source:Chicago Sun-Times (IL)
Fetched On:2008-09-03 01:05:17
HIGH COURT WON'T HEAR EXPULSION CASE

A former Kane County high school student stands to collect $153,660
in damages after the U.S. Supreme Court refused to hear an appeal
from the school district that expelled him for possessing a substance
that looked like cocaine--but wasn't.

The Supreme Court on Monday let stand the damages awarded by a Kane
County judge to Christopher Scionti, who was expelled in 1995 from
Burlington Central High School for violating the school's zero
tolerance drug policy.

Scionti, a freshman, was expelled after another student passed him an
envelope that contained a white powdery substance that looked like
cocaine, although testing showed it wasn't. Officials in Burlington
District 301 said Scionti still had run afoul of the school's drug
policy, which also banned the possession of "look-alike drugs."

The teenager's family sued in Kane County court to reverse the
expulsion. A judge in 1998 tossed out the expulsion and awarded
$153,660 in damages, saying the teen's rights had been violated
because students who provided information against Scionti weren't
identified or questioned by Scionti's lawyer.

Scionti's family members are "thrilled" the Supreme Court let stand
the damage award, said attorney Peter Storm, who represents Scionti,
now 20.

"They're very gratified," Storm said. "They have been amazed, as I
have, at the lengths to which the school district has gone."

Scionti, whom Storm said lives and works out of state, could not be
reached for comment Monday.

The decision also means District 301 must pay Scionti's legal fees,
which amounted to about $42,000 in 1998. The district's own legal
fees in the case aren't known.

The district, however, still could ask for the Supreme Court to
reconsider its decision not to take the case. District 301 Supt.
William Hoecker declined to comment, saying district officials
haven't been formally notified of the decision and have not had a
chance to discuss it with their attorneys.

In their appeal, attorneys for the school district argued
administrators are in the best position to judge the credibility of
student witnesses. Schools should be a "peaceful, safe learning
environment and not a litigation breeding ground," they said in the
appeal.

The expulsion caused "severe psychological" problems for Scionti,
Storm had argued. The teen briefly attended another school after the
expulsion, but then ran away. He later was admitted to a local mental
health center for about three weeks, according to court documents.

He returned to Burlington Central in 1996, but again was expelled for
an unrelated incident, according to court documents.

Before the 1995 expulsion, Scionti was a "B student" in middle school
and had no serious disciplinary problems, Storm said. He was involved
in sports at the school, was an avid fisherman and had a good
relationship with his father, Storm said.

"All of that came to a screeching halt" following the expulsion, Storm said.

Scionti later obtained his GED, Storm said.
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