EX-FOWLER HIGH STUDENT SUES OVER POT SUSPENSION

A former Fowler High School student who was suspended for possessing a
speck of marijuana on school grounds is suing the school district,
contending it has double standards when disciplining students.
Jonathan Carl Coch Simonian said in his U.S. District Court civil
lawsuit that the Fowler Unified School District violated the equal
protection clause of the Constitution.

His evidence: When he got caught with a tiny amount of marijuana at
Fowler High School, he was suspended for three months during the
2004-05 school year. When the daughter of a school board member came
to school possessing drugs or alcohol, or was high on them, she was
not disciplined, the civil complaint states.

Simonian appealed to the Fresno County Board of Education, which threw
out his suspension. The board found that the "pin-head-sized speck" of
marijuana stuck to the rubber liner of the glove compartment of his
car was not a usable amount and not enough to convict the teen.

Simonian contends the ruling came too late.

He said he suffered embarrassment, humiliation, anxiety and was banned
from participating in school functions. He is suing the district for
$500,000 in general and special damages.

Fowler Superintendent John Cruz said district officials could not
discuss the lawsuit. The district's lawyer is preparing a legal
response to Simonian's civil action.

Simonian, 20, is a business major at California State University,
Fresno. Efforts to talk with him or his lawyer, James Betts, were
unsuccessful.

The equal protection clause, which is part of the 14th Amendment,
generally says no government agency can deny a person equal protection
of the laws.

The clause is a commitment to the proposition that "all men are
created equal" and it is intended to ensure equality in education,
employment, housing, lodging and government benefits.

Simonian's complaint says the Fowler school board voted Oct. 14, 2004,
to expel him for the balance of the fall semester, contending his
"prior incidents of suspected marijuana use" left the board with no
other choice.

The board then suspended the expulsion and placed Simonian on
probation in an alternative educational program. Essentially, he was
home schooled for three months.

The county Board of Education rejected the Fowler school board's
decision because there was no evidence to suggest Simonian's behavior
could not be corrected, the complaint says. The county board noted
Simonian's achievements: an A student, favorable attendance and a
participant in the school band and leadership classes.

Simonian works for the family's fruit packing company and has many
friends.

"He's a good kid, always polite," said Sandie Monis, who runs the
Edwin Blaney Senior Center in Fowler.

Simonian volunteered at the senior center after he got in trouble with
the law in September 2005. The Fresno County Sheriff's Department
cited Simonian for possession of marijuana while driving, having dark
tinted material on his driver's window and resisting arrest.

A sheriff's report said Simonian was pulled over near Central and
Chestnut avenues just before 2 a.m. Sept. 3, 2005. Several deputies
responded because Simonian was confrontational, the report said.

One deputy used his baton to strike Simonian several times on his left
calf. Once handcuffed, Simonian calmed down and confessed to owning
the marijuana and pipe, which was found in his car.

"I'm sorry, I screwed up," he told the deputies, the sheriff's report
said.

In a plea agreement, Simonian pleaded no contest on Nov. 30, 2005, to
a misdemeanor charge of resisting arrest. The remaining charges were
dismissed. The resisting arrest charge also will be dismissed if he
stays out of trouble for a year, court records stated.

Simonian was ordered to perform 25 hours of community service, which
he did at the senior center, St. Gregory's Armenian Church, Fowler
High School and the local Lions Club, court records show.

Monis said Simonian "would do anything asked of him," including
washing dishes. His best attribute was talking to the seniors and
listening to their stories, she said.

"He has a certain quality about him," Monis said. "He has confidence.
He's a leader."

Charles Ferreira, president of the Lions Club, wrote a letter to the
judge on Simonian's behalf, saying the teenager was extremely helpful
in the club's barbecue for a junior high school band review.

"Without your help we would not have been able to feed the many
spectators, participants and their families with such ease," Ferreira
wrote. "I wish more local students would be as civic-minded."