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Expulsion overturned for teen with gun in truck

Discussion in 'The Okie Corral' started by Smashy, Jan 23, 2010.

  1. Smashy

    Smashy

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    In the end, the case of a Willows teenager expelled for having hunting guns in his pickup truck parked next to campus didn't focus on gun rights.

    It became a question of whether the authority of school officials to enforce the state's Education Code extended to the school fence – or a sidewalk's width beyond it.

    On Friday, members of the Glenn County Board of Education drew the line at the gates of Willows High School.

    They ruled that officials in the Willows Unified School District had exceeded their authority when they expelled Gary Tudesko – a 17-year-old with a history of disciplinary problems – for leaving two shotguns and ammunition in his truck parked a few feet from the school's tennis courts on a public street.

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    "The district governing board acted in excess of its jurisdiction to expel the Pupil," the board wrote in its decision.

    The elected board members said they would not comment on their decision because disciplinary proceedings are normally confidential.The board's hearing Tuesday, at which members heard legal arguments, was open to the public at Tudesko's parents' request.

    On the morning of Oct. 26, Tudesko and a friend went waterfowl hunting. Tudesko brought the guns to school so he wouldn't be late. He said he knew he couldn't bring them on campus but thought it was OK to park on a public street.

    Later that morning, a gunsniffing dog discovered the weapons as private security guards searched the campus perimeter. The guns were in the back seat of the truck, which was separated from campus only by an oleander hedge and the sidewalk.

    In overturning the teen's expulsion, county Board of Education members cited a state statute that requires a principal to recommend expulsion if a student possesses firearms "at school."

    The board found Tudesko had not possessed the shotguns "on school grounds."

    They also said Tudesko did not receive a fair expulsion hearing in November because he wasn't given adequate notice that two dozen prior disciplinary incidents would be presented as evidence against him, and he didn't have a chance to respond.

    According to a brief filed by the school district's lawyer, those charges included calling a teacher's assistant a "stupid Mexican," disrupting a showing of "To Kill a Mockingbird" by repeatedly saying the "N" word, which Tudesko denied, and writing on a final exam that his math teacher was a "b – – ."

    After board President Judy Holzapfel read the unanimous decision aloud Friday, supporters cheered and applauded.

    Tudesko, his mother, Susan Parisio, and their lawyers smiled and hugged.

    At a news conference afterward, Parisio said, "Gary didn't do anything wrong" when he left the guns in his truck. The prior incidents were "blown out of proportion," she said.

    Tudesko said he felt his prior disciplinary troubles had been raised to justify his expulsion.

    "I think that's really the only thing they had on me. They couldn't get me for the guns," he said.

    "I won," he added.

    The high school junior, who has been home schooled since he was expelled, said he is excited to return to school as soon as possible. He vowed to improve his failing grades in math, English and history and avoid further trouble.

    "I need to grow up and take advantage of school," he said.

    Willows school officials exited the county education offices demoralized.

    Principal Mort Geivett said he believes he did the right thing by recommending expulsion. Having guns so close to campus in the wake of school shootings around the country raised grave safety concerns, he said.

    "I'm disappointed," he said. "I don't think it's a good call for kids in this community."

    Steve Olmos, superintendent of the Willows Unified School District, said he believes the board's decision was based on politics in the conservative, rural county.

    He said he will meet with the board of the Willows school district to discuss legal options.Thecash-strapped district cannot easily afford to take the case to court, he said, and might seek help from teachers unions.

    It is vital, he said, to determine whether school officials can enforce student conduct in the area immediately surrounding campuses.

    Chuck Michel, a prominent gun-rights lawyer who handled Tudesko's case, agreed that the phrase "at school" in the Education Code needs to be better defined.

    Sections of the code dealing with expulsion, firearms and other disciplinary matters are a confusing tangle of passages tacked on over the years, and the courts have offered little guidance, he said.

    He urged lawmakers to draft legislation to clean up the Education Code and to make it clear where and under what circumstances it applies.

    "I hope this case provides the basis to go to Sacramento and get the law clarified," Michel said, "so you don't have any more Gary Tudeskos."


    http://www.sacbee.com/topstories/story/2483630.html
     
  2. raven11

    raven11

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    way to go NRA!!
     

  3. Lohtse

    Lohtse

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    A good win!

    Too bad the kid seems to be such a jerk, though.
     
  4. Smashy

    Smashy

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    [​IMG]
     
  5. JuneyBooney

    JuneyBooney

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    That is a good victory. Now the kid needs to graduate and be productive in society.
     
  6. aircarver

    aircarver Descent Terminated Silver Member

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    Developing 'zero tolerance' for idiots ?.....:supergrin:
     
  7. h2opolo150

    h2opolo150

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    my only question to this entire thing though, is why he didnt bother to just cover the guns with jackets or somethin when he left the truck?

    Had to do the same thing since a completely forgot i had school one day and had to throw two rifles in the back of the car (couldnt open the trunk at the time) but i also parked couple blocks down and got a ride with a friend just to make sure
     
  8. Ol Timer

    Ol Timer ↓ hog hunter ↓ Millennium Member

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    Dog's nose can sniff through a jacket.
     
  9. h2opolo150

    h2opolo150

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    yeah i understand that, i have actually helped train dogs in searching for narcotics, bombs, and the such;

    which brings up another point which is why were there dogs searching for guns randomly? What reason did they have? And if the dog indicated it does not always give consent for a legal search considering a firearm is not illegal to have in a car and they would search for the scent of gun residue which would would leave a scent that could have been there for a few days which would make it very difficult to prove that a search would be necessary unless the car was stolen, wanted, or some other reason.
     
  10. m87

    m87

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    1. The reporter seems awfully concerned at the exact distance this gun was from school property. Any closer and the "school grounds" may have gotten gun cooties or something.

    2. The reporter also seemed to absolutely relish on this kid's disciplinary history. I'm not saying the kid was an angel, but it has really nothing to do with whether or not a gun was on school grounds.

    3. There seems to be a disconnect between the administration and the county in which the school resides. The usually reliably liberal teachers/administration/teacher's union want this kid gone, but the "conservative, rural county" maybe doesn't. Well...are the teachers/administration at the school there to help students, or is it the other way around? If the politics of the area are more gun friendly, and the staff at the school doesn't like it, they are free to try and get a job in a more liberal area. Nothing like asking a teachers' union to fight the principles of the people who actually send their children to school there.:shakehead:
     
  11. mitchshrader

    mitchshrader Deceased

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    The law was properly parsed this time, but it very easily could go the other way. What if they'd also found evidence of malicious intent? Would it have been thrown out? I bet not...
     
  12. sputnik767

    sputnik767

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    Well, had there been actual malicious intent, I would certainly hope it would not get thrown out. But of course, the charges would have been different as well.
     
  13. 2afreedom

    2afreedom

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    I hope this kid takes the school district for a nice chunk of change in civil court. Schools do not their pupils. Outside of school grounds they should have zero control over children and they need to get that drilled into their heads.
     
  14. PuroMexicano

    PuroMexicano VIVA MEXICO !!!

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    What a ******. Although the verdict was correct, the kid is an ***.
     
  15. kiole

    kiole

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    i hope this kid bankrupts his school district, and all those who decided to expell him are fired. It's a ridiculous violation of rights, i don't care whether they found a gun or 30lbs of weed. They shouldnt have search dogs checking cars off school property.
     
  16. janice6

    janice6 Silver Member

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    If the school could enforce their "code" on vehicles and persons NOT on school property, (merely adjacent to,) they are then dictating enforceable codes on the city......---what a bunch of ----------...
     
  17. tbhracing

    tbhracing Senior Member

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    Just a side note, if I have school that day, I am not going to be hunting the morning of. A few times I went surfing prior to the start of class and it was just a hassle. Best to just leave outside activities like this for the weekends.

    But oh well, he won. Glad to hear it.
     
  18. bob_fuller

    bob_fuller

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    no joke... seems to be an all around loser... disrespectful, failing 2 classes, etc. etc.
     
  19. lunarspeak

    lunarspeak

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    i wonder what the two dozen other problems he had were..anything violent?

    theynow need to make it mandatory that you park on school grounds if you attend school.

    you guys are sure happy arent you..now the drug dealers or the crazy kid that might walk into your kids school on a shooting rampage just have to park off of school grounds,,,,,yep we see who the winners are now dont we:whistling:
     
  20. h2opolo150

    h2opolo150

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    lol you been on a high school campus lately?? EVERYONE is a drug dealer or crazy, its one or the other so hell let em park on campus and set a booth in the back of the parking for some weed :rofl: