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On The Front Lines

School Officials Target Black Elementary School Student for Suspension After He Was Caught Playing Pretend Gun-Finger Game

The Rutherford Institute Files Complaint in U.S. District Court on Behalf of Bryson Donaldson

Tulsa, Okla.
--Attorneys for The Rutherford Institute have filed a complaint in U.S. District Court for the Eastern District of Oklahoma on behalf of an elementary school student who was suspended for playing a make-believe gun-finger game while standing in the school lunch line. The complaint charges that school officials violated 12-year-old Bryson Donaldson's rights of free speech, free assembly, due process and equal protection. Contending that the school's regulations are vague and unconstitutional, Institute attorneys are asking that school officials be prevented from interpreting the school's regulations as broadly and with as little common sense and judgment as was exhibited in their handling of the Donaldson situation.

On September 13, 2002, sixth-grader Bryson Donaldson and several other Creek Elementary School students took turns pointing their fingers at one another in a manner that simulated the shooting of a gun as they stood in line in the cafeteria. None of the students at whom Bryson pointed his finger were intimidated or frightened by his action. In fact, all of the students participating in the game understood that there was no intent to harm or frighten each other. However, Mr. Raley, a teacher at Creek Elementary School, singled Bryson out for a student-teacher conference over his actions. Bryson explained that he was merely playing a game and had not intended to intimidate anyone. Raley informed Bryson that his conduct constituted a "threat" under school regulations. As a result of Bryson's participation in the gun-finger game, Mr. Hoos, the principal at Creek Elementary School, ordered Bryson to serve five days in the school's Elementary Intervention Program, an in-school suspension program designed to discipline misbehaving students. Although other students participated in the game of pretend for which Bryson was suspended, he was the only student disciplined for it. Bryson was also the only black student participating in the game. On September 16, 2002, Bryson's mother, Diane Donaldson, met with Hoos to appeal her son's punishment; Hoos agreed to reduce the in-school suspension term from five days to three days but refused to retract the suspension altogether.

"This zero tolerance mentality adopted by school administrators has them acting like wardens instead of role models, devoid of a common-sense understanding of the difference between child's play and truly threatening behavior," stated John W. Whitehead, president of The Rutherford Institute. "It's unfortunate that a federal lawsuit has to be filed in order to make school districts take notice of questionable behavior by their staff--but it's high time that school officials start to take notice and take actions to protect students from overreaching policies."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.


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Nisha N. Mohammed
Ph: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #: 1478257
Email: Nisha N. Mohammed

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