TRI In The News

Potential Civil Liberties Controversy Brewing at Western Albemarle High

From NBC29.com
Original article available here.


The Charlottesville-based Rutherford Institute is ready to step into a potential civil liberties controversy at Western Albemarle High School. A breathalyzer test is at the heart of a debate over a countywide policy, or lack thereof.

In a six page letter addressed to Albemarle County Schools Superintendent Pam Moran, attorneys at the Rutherford Institute issued a warning to the school system: stop using breathalyzer tests on students.

John Whitehead of the Rutherford Institute said, "The student was singled out, and now she's been humiliated. She's known as the student who has been breathalyzed."

Maggie Kooken is a sophomore at Western Albemarle High School. Her parents, Pete and Mary Beth Kooken, allege that on March 10 a school resource officer administered a breathalyzer test on their daughter following complaints from two other students that she was intoxicated in class. The results of the test showed that the Kooken had not been drinking.

The complaint takes issue with the school system using the preliminary breath test on a student to begin with, but it also says if they are going to use one, they at least need to get a parent's permission. In this case, that apparently did not happen.

Whitehead stated, "Parents are supposed to be involved. That's the big issue here."

Maury Brown, a spokesperson for Albemarle County Schools, would not speak with us on camera, but did issue a statement saying:

Albemarle County Public Schools has a duty to provide for the safety of students in our care. Information related to a student possibly being under the influence of drugs and/or alcohol must be taken seriously by school officials.
We don't believe the Rutherford Institute's letter represents an accurate summary of the facts. We have reviewed the administrator's actions and believe that he acted responsibly based on credible information reported to him.
We do not have a "breathalyzer testing policy" as the Rutherford Institute alleges. Policies related to student conduct were followed in this case and, as always, our administrators approach each incident on a case-by-case basis, making decisions using all available facts.
In order to protect student privacy, we have no additional comment on this matter.

Attorneys argue that without parental consent the test violates a student's Fourth Amendment right to protection from unreasonable search and seizure.

Whitehead said, "What we're seeing in the schools is they are becoming very conforming, and much like, I hate to say it, police states. I mean when you have police in the schools doing breathalyzer tests, we've moved in that direction."

Attorneys want to make sure this incident does not end up on Kooken's record, they also want an apology.

It's important to note that, as of right now, this is just a complaint filed against the school system. There is no lawsuit pending. Attorneys say they hope this can be resolved before things get to that step.