SCHOOL SYSTEM, STUDENT SETTLE LAWSUIT OVER HIS SUSPENSION

Principal Expelled Him After Admission Of Selling Marijuana

MOCKSVILLE - A former Davie County student will receive a $110,000
settlement after he and his mother sued the county schools three years ago
over his suspension for selling marijuana.

Joshua James McGarity and his mother, Elaine T. Greene, said in their
lawsuit that the Davie High School principal violated state law when she
suspended McGarity and later expelled him. The principal expelled McGarity
after he admitted selling marijuana to two students.

The school system did not admit to any wrongdoing or liability as part of
the settlement reached this week, said Dan Womble, the school system's
attorney.

A judge last week said he would rule in favor of McGarity that his right to
due process was violated by being expelled without a hearing, said Luke
Largess, an attorney for McGarity.

The two sides reached a settlement Monday, Largess said.

The lawsuit contended the county school board violated McGarity's
constitutional rights because it didn't hold a hearing on his suspension or
expulsion.

State law requires principals to get the approval of school superintendents
before they suspend students for more than 10 days, and school boards have
to approve expulsions.