Transcript Vernonia School District v Wayne Acton

Court Case
Taffe Bishop
University of Tennessee at
Chattanooga
Vernonia School District
v Wayne Acton
515 U.S. 646
Argued March 28, 1995
Decided June 26, 1995
Background
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Small, rural, logging community in Oregon
Vernonia School District
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1 high school
3 elementary schools
Sports play prominent role in community
Student athletes are admired
Initial Problem
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Mid to late 80’s school leaders notice
sharp increase in drug use
Discipline problems on the rise
Drug culture was admired
Student athletes were leaders in the drug
culture
School offered classes, speakers and
presentations to deter drug use.
Problems continued and worsened.
Schools Solution
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Drug test student athletes
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All athletes would be tested at beginning of
season
10% would be tested every week
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Parents voted on the policy
Policy was adopted by the local school board 1989
Modesty would be protected
Positive results
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Undergo treatment
Sit out remainder of season
Start of Suit
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Fall 1991
A rising seventh grader, James Acton, and
parents refuse to consent to drug test
Denied participation in football program
Filed suit that on grounds that policy
violated Fourth and Fourteenth
Amendment
Fourth Amendment
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The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon probable
cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be
seized.
Fourteenth Amendment
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Section. 1. All persons born or naturalized in the
United States and subject to the jurisdiction
thereof, are citizens of the United States and of
the State wherein they reside. No State shall
make or enforce any law which shall abridge the
privileges or immunities of citizens of the United
States; nor shall any State deprive any person of
life, liberty, or property, without due process of
law; nor deny to any person within its
jurisdiction the equal protection of the laws.
District Court
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Plaintiff- Wayne Acton
Defendant- Vernonia School District
Court decision-entered an order denying
the claims on the merits and dismissing
the action.
Court of Appeals Ninth Circuit
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Appellant- Wayne Acton
Appellee- Vernonia School District
Court decision- reversed the District
Courts and held that the action violated
both the Fourth and Fourteenth
Amendment
United States Supreme Court
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The Ninth Circuit held that Vernonia’s Policy not
only violated the Fourth Amendment, but also,
by reason of that violation, contravened Article I,
§ 9, of the Oregon Constitution. Our conclusion
that the former holding was in error means that
the latter holding rested on a flawed premise.
We therefore vacate the judgment, and remand
the case to the Court of Appeals for further
proceedings consistent with this opinion.
(http://supreme.justia.com/us/515/646/case.ht
ml)
USSC-Continued
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Overturned Court of Appeals decision
Drug testing of athletes constitutional
based on three things (Essex, 2012):
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Students especially athletes have low
expectations for privacy- communal locker
rooms, restrooms. School officials generally
have control over students that can not be
exercised over free adults
Program designed to be unobtrusive
Program served districts interest in
combating drug abuse
Majority Opinion Scalia
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“School sports are not for the bashful”.
“It seems to us self-evident that a drug
problem largely fueled by the “role model”
effect of athletes’ drug use, and of
particular danger to athletes, is effectively
addressed by making sure that athletes do
not use drugs”. (Scalia, 1995)
Desenting O’Connor
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“Without first establishing discipline and
maintaining order, teachers cannot begin
to educate their students.”
“I cannot avoid the conclusion that the
District's suspicionless policy of testing all
student athletes sweeps too broadly, and
too imprecisely, to be reasonable under
the Fourth Amendment.” (O’Connor, 1995)
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Essex, N. (2012). School law and the public
schools: a practical guide for educational
leaders. Pearson Education. New Jersey.
O’Connor, S., (1995) Retrieved from
http://supreme.justia.com/us/515/646/case.html
on July 16, 2011
Scalia, J., (1995). Retrieved from
http://law2.umkc.edu/faculty/projects/ftrials/con
law/veronia.html on July 16, 2011