Pubdate: Thu, 04 May 2006
Source: Barrington Courier-Review (IL)
Copyright: 2006 Pioneer Press Newspapers
Contact: 
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Details: http://www.mapinc.org/media/4152
Author: Tom Johnston, Staff Writer
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BHS PARENTS FILE LAWSUIT OVER BASEBALL SUSPENSION

A Barrington High School varsity baseball player's parents are suing School 
District 220 for his reinstatement to the baseball team after a marijuana 
possession arrest resulted in his unfair suspension, the lawsuit states.

Bruce and Margaret Stopka of Barrington filed the lawsuit April 26 in the 
Cook County Circuit Court, arguing school district officials violated their 
16-year-old son's rights in suspending him without a fair hearing or proof 
of wrongdoing.

"The facts of the Complaint will demonstrate that the plaintiff denies the 
offense and denies that he violated the Co Curricular Code," the lawsuit 
stated. It also said the complaint will show how the code and appeal 
process are a violation of the student's rights.

School District 220's code provides for suspension from the team for the 
rest of the season and 40 hours of community service for athletes who 
violate the code during the season. For offenses in the off-season, 
athletes are required to perform 35 hours of community service.

District 220's Co-Curricular Code states "no student who is a member of any 
co-curricular activity shall be in possession of or under the influence of 
alcohol, illegal drugs or tobacco."

A District 220 official declined to comment on the lawsuit and suspension. 
"Anything regarding students we don't discuss," spokeswoman Debbie Villers 
said. Calls to the Stopkas' home and their Northbrook-based attorney, 
Steven Glink, were not returned.

The lawsuit states the suspension came after Barrington-Inverness police 
arrested Stopkas' son and three other teenagers on April 14 in the Baker's 
Lake savanna just southwest of Route 14 and Hillside Avenue. Police reports 
confirm the arrests.

The lawsuit states their son was there at about 5:05 p.m. April 14 with 10 
other boys. Police officers questioned him about a capsule allegedly 
containing marijuana that an officer noticed on the ground near him and 
three other boys.

Stopkas' son and three other boys were searched. The lawsuit claims 
marijuana was found on the three other boys, but nothing was found on their 
son. The police report stated Stopkas' son admitted to owning the container.

Among the court filings is a statement from Stopkas' son who states the 
group was playing Hacky Sack in the woods when they found the capsule. He 
said he looked at it and showed it to his friends before throwing it back 
on the ground.

"After they finished searching us, we began walking out when one of the 
officers spotted the medical capsule on the ground," he wrote. "They asked 
(whose) it was. When no one responded, they said they would arrest all 11 
of us on state charges if no one claimed it. It was not mine, but since I 
had picked it up off the ground I said I had had it, fearing state charges 
to everyone."

State law requires police to inform local schools about students' 
violations. On learning the baseball player had been charged by the police 
with possession of marijuana, Barrington High School administrators 
immediately suspended him from the varsity team for the rest of the 2006 
season, according to the lawsuit.

After his arrest on April 14, the Stopkas' took their son to Advocate Good 
Shepherd Hospital for drug screening that came up negative, according to 
the lawsuit.

The Stopkas' appealed the suspension on April 19 to Paul Gillette, 
Barrington High School's associate principal of student activities, 
according to the lawsuit. He denied the appeal, explaining, for example, 
the police's issuance of a ticket alone was enough to warrant the 
suspension under the school code.

Gillette declined to comment.

In a second appeal, Alena Laube, assistant superintendent of research and 
development, and Donn Mendoza, principal of Barrington Middle 
School-Station Campus, also upheld the suspension.

In a letter sent to the Stopkas on April 25, included in the court filings, 
Laube wrote, "Our reason for this decision is based on the clear language 
of the Code, which prohibits students from possessing illegal drugs such as 
marijuana. (Your son) admitted that he was in possession of marijuana to 
the officer who issued the ticket. We believe this admission constitutes 
possession under the Code.

"We understand you believe the tactics in questioning (your son) were 
inappropriate. We also appreciate the fact that you immediately took (your 
son) for drug testing, and that the results were negative. However, we do 
not believe either of these two facts exempt (your son) from serving the 
consequences set forth by the Code."

Barrington-Inverness Police Chief Jeff Lawler declined to comment on the 
merits of the Stopkas' lawsuit, but said possession of marijuana is a 
criminal charge. The issuance of a ticket expedites the processing of those 
charged and puts police back out on their beats faster, he explained.

"It's a criminal charge we write under a local ordinance," Lawler said.

The 16-year-old's court date on the misdemeanor charge of marijuana 
possession is May 15.

A court hearing on the lawsuit has been scheduled for 10:30 a.m. Friday in 
Room 2402 of the Rolling Meadows Courthouse.
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