The laboratory does not know the identity of the students whose samples it tests. Nothing in the Policy contradicts that, and when respondents choose, in effect, to challenge the Policy on its face, we will not assume the worst. The District offered no evidence that the typical injury for boys is more serious than the typical injury for girls, so the Court should assume that it is not more serious. Along with more drugs came more disciplinary problems. The District follows strict procedures regarding the chain of custody and access to test results.
Yet another limitation of the test is that it merely indicates whether a student has taken one of the targeted drugs at some time in the recent past. The District superintendent, principals, vice principals, and athletic directors have direct access to the test results. That innocent act would mark the beginning, for James and his parents, of a battle for his constitutional right to privacy that would lead them on a long, winding and occasionally tumultuous journey through the courts. In Board of Education, Island Trees Union Free School District No. We didn't quite understand why something hadn't happened. They then filed this suit, seeking declaratory and injunctive relief on the grounds that the Policy violated the Fourth and Fourteenth Amendments and the Oregon Constitution.
The high school football and wrestling coach witnessed a severe sternum injury suffered by a wrestler, and various omissions of safety procedures and misexecutions by football players, all attributable in his belief to the effects of drug use. LaFave, Search and Seizure §9. Perhaps because of this, the Court does not itself offer an account of the original meaning, but rather resorts to the general proposition that children had fewer recognized rights at the time of the framing than they do today. It generates the expense of defending lawsuits that charge such arbitrary imposition, or that simply demand greater process before accusatory drug testing is imposed. I comprehend the Court's opinion as reserving the question whether the District, on no more than the showing made here, constitutionally could impose routine drug testing not only on those seeking to engage with others in team sports, but on all students required to attend school. First, and most serious, there is virtually no evidence in the record of a drug problem at the Washington Grade School, which includes the seventh and eighth grades, and which Acton attended when this litigation began. As for physical examinations, the practicability of a suspicion requirement is highly doubtful because the conditions for which these physical exams ordinarily search, such as latent heart conditions, do not manifest themselves in observable behavior the way school drug use does.
On the contrary, where the record demonstrates the existence of such a problem, that interest seems self-evidently compelling. We find insufficient basis to contradict the judgment of Vernonia's parents, its school board, and the District Court, as to what was reasonably in the interest of these children under the circumstances. James and his parents scheduled a meeting with Aultman. Although not stated specifically in the Policy, a District principal testified that after a second offense a student is not automatically suspended from participating but may continue to participate if he or she participates in an assistance program and agrees to weekly testing. On appeal, the defendant argued that the stop violated Article I § 9 of the Oregon Constitution and the Fourth Amendment of the U. Students wishing to play sports must sign a form consenting to the testing and must obtain the written consent of their parents.
Interscholastic sports involve substantial additional intrusions on a student's privacy. The Wisconsin judge granted his release from prison. As recently confirmed in one of the most exhaustive analyses of the original meaning of the ever undertaken, see W. Respondents' proposal brings the risk that teachers will impose testing arbitrarily upon troublesome but not drug-likely students. More recently, in Von Raab, the Court cited with approval lower court decisions upholding the search of airline passengers and their luggage, and in particular the statement by Judge Friendly in United States v. A second offense results in a suspension from participation in athletics for the remainder of the current athletic season and the next season for which the athlete is eligible. Media for Vernonia School District 47J v.
The Court also considered the public's ability to avoid the search in United States v. Public school authorities who conduct searches of their students are state actors subject to the limits of the Fourth Amendment. The second prong of the reasonableness test in New Jersey v. There are several references to lesser interests throughout those opinions. First, it explains that precisely because every student athlete is being tested, there is no concern that school officials might act arbitrarily in choosing who to test.
James testified that he gave a urine sample during his exam J. The deterrent effect in this case was arguably higher than in Skinner, where tests were only performed after an accident, an event most workers would not go to work expecting. This Court has traditionally recognized the unique and important role that public schools play in our society. Student athletes in the Vernonia schools must have a physical examination at the beginning of each season. Rather, the phrase describes an interest that appears important enough to justify the particular search at hand, in light of other factors that show the search to be relatively intrusive upon a genuine expectation of privacy. In addition, the Court considered the fact that the checkpoint guidelines minimized the discretion of the officers in the field. Justice Blackmun noted in his concurrence in T.
In the School Setting, Students' Constitutional Rights Are Diminished. We noted, however, that the degree of intrusion depends upon the manner in which production of the urine sample is monitored. Paradise Valley Unified School District No. Expert testimony at the trial confirmed the deleterious effects of drugs on motivation, memory, judgment, reaction, coordination, and performance. The central question is whether the governmental interest outweighs the privacy interest. It also became readily apparent to staff that, unless it took immediate action, the problem was going to get far worse and widespread before it got better. For the contrary position, the Court relies on cases such as T.
The Students' Interest In Privacy Outweighs The District's Interest In Testing. Teachers experienced outbursts of profane language during class, and rude and obscene statements directed at other students. The samples are sent to an independent laboratory, which routinely tests them for amphetamines, cocaine, and marijuana. I never got a referral to the principal's office —and I thought that was proof enough for them to see I wasn't taking drugs. Due to its small size and somewhat remote location, Vernonia is typified by its central interest in school district activities in general and athletics in particular. Reading the full record in this case, as well as the District Court's authoritative summary of it, 796 F.
The samples are sent to an independent laboratory, which routinely tests them for amphetamines, cocaine, and marijuana. About 700 students attend these schools, and most of them participate in at least one of the seven interscholastic sports the District offers for grades seven and up: football, basketball, cross country, track, volleyball, wrestling, and golf. First, and foremost, there is evidence in the record of specific instances in which coaches have observed athletes perform poorly and unsafely while under the influence of some intoxicant. In fact, the District's athletic regulations are trifling. Cuddihy 1091; see also id. It follows that, if students were taking drugs, they were not taking them before competing. Peer pressure is frequently the initial impetus for drug use by middle and high school students, especially when the peers are highly admired.