DRUGS AND DUE PROCESS

A School Policy On Naming Informants Is Necessary; It Just Doesn't Work

The tangled web cast by our nation's ineffective battle against drugs has
increased the casualty count in Athens. It's hard to find a winner in what
has occurred there.

A student at Athens Middle School told authorities that some fellow
students had marijuana on school grounds. Two students were questioned. A
substance was seized.

One student was expelled and sent to an alternative school for kids with
behavior problems. The superintendent recommended the second student be
expelled, but the board rejected that.

Meanwhile, the student who told officials about the drugs had been assured,
his parents say, by the school principal and police that his name would be
kept confidential.

But Superintendent James Irby said it was school policy to tell drug
suspects who their accusers were. The name was revealed. Now the informer's
parents say he has received threats. (Ironically, the names of those
accused are not disclosed.)

If there is any good news in any of this, it's that a middle school student
who was experimenting with drugs has a shot at getting some help -
depending on the resources available at the alternative school. But the
incident points out the conundrum facing officials who must try to persuade
students to inform on each other.

While the parents of a child in such a situation may feel threatened, what
choice do school and law enforcement officials have about identifying the
accuser if the accusation is to be used in formal proceedings? A tip can be
kept confidential, damning testimony cannot.

Even in schools there must be due process. Otherwise, little Sally could
get mad at little Mindy, untruthfully say she saw Sally smoke pot and never
have to answer for her charge.

If educators and police, however, misled the the child and his or her
parents about confidentiality, that's another matter. Because of the furor
about it, the chances that others will come forward with drug information
have probably diminished.

Athens Middle School isn't the only school in this area, this state or this
nation that is trying to cope with children who make bad choices. Draconian
measures such as mandatory student drug testing aren't legal, and selective
testing of athletes and those in extracurricular activities may not be for
long. Even the DARE program has proved ineffective.

It's going to take a radical approach - working at alleviating root causes,
focusing on interdiction and treatment rather than criminal punishment -
before we make much progress.

In the meantime, Athens Middle School, like every other school, must
wrestle with policies that seldom work and can make things worse.