Getting Fired Up Can Get You Fired & Kicked off the Team A Study of Cases Impacting Drug Testing Policies

New Jersey v. T.L.O. * 2-part test: - Was the action “justified at the inception”? - Was the search “reasonably related in scope to the circumstances which justified the interference in the first place”?

Schaill v. Tippecanoe County School Corporation – 5 baseball players in Indiana school district test positive for marijuana, so … -School board establishes policy advocating random drug testing of student athletes and cheerleaders. -7 th Circuit upheld policy – found since athletes and cheerleaders held enhanced prestige in community, random drug testing was reasonable

Vernonia School District v. 47J v. Acton -Violation of unreasonable search and seizure clause of 4 th Amendment? – James Acton denied privilege of playing football when he and his parents refused to allow to have him drug tested (Court found policy of school district was not violating unreasonable search and seizure clause due to circumstances: a.) sharp increase in discipline problems/drug use b.) rudeness during class c.) outbursts of profane language d.) students’ boasts of inability of school to do anything about their ‘drug culture attraction’ e.) students were ‘drug culture’ leaders f.) increased number/severity of sports-related injuries)

Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls – Tecumseh, Oklahoma school district policy about drug testing prior to extracurricular activities participation and random drug testing during participation -Court found district had interest in detecting and preventing drug use among students …

Today … Supreme Court and lower courts continue to uphold drug testing policies (does not extend to use of other substances such as nicotine because those tests would be considered more obtrusive)

Knox County Education Association V. Knox County board of Education 158 F.3d 361 (6 th Cir. 1998) cert denied, 528 U.S. 812 (1999)

Knox County established a 2 prong policy which called for: 1. Suspicionless drug testing for all applicants for “safety sensitive positions within the school system. 2. Reasonable suspicion drug and alcohol testing for all employees.

Suspicionless Drug Testing of Applicants Did not include a random testing component and ONLY tested those who were candidates for and attempting to transfer to a select group of positions: Safety Sensitive Positions. In Loco Parentis obligations Once the initial test was passed, no further testing was conducted……UNLESS……

Reasonable Suspicion Testing: Testing is only conducted under individualized suspicion—therefore—is within the reasonableness requirement of the Fourth Amendment.

Hearn v. Savannah Board of Education, 191 F.3d 1329 (11 th Cir. 1999), cert denied, 529 U.S (2000)

Savannah Board of Education implemented: “Zero-Tolerance” Policy and Drug-Free Workplace Policy Teacher was required to take a drug test within 2 hours of the incident that generated reasonable suspicion.

4/4/96 Campus parking lot search with county police Drug Dog “hit” teacher’s car Teacher’s car was searched without her presence. Teacher was asked to submit to drug test. Teacher refused, and questioned constitutionality of search. Teacher took own test and passed 4/5/96 4/30/96 After hearing, teacher was dismissed for insubordination.

Court upheld Savannah School Board. Why? She was not dismissed due to drugs, but failure to comply with policy.