Is suspension and alternative school too stiff a penalty for pretending oregano was pot?

An Italian friend celebrated for his culinary agility used to shake oregano on everything, telling me, “Never fear the spice.”  He might reconsider that advice if he heard about the 13-year-old North Carolina student handed a 55-day suspension for bringing a bag of oregano to school and telling classmates it was marijuana.

The family of the eighth-grader at Cuthbertson Middle School is considering a lawsuit because of a school decision to add 45 more days to the original 10-day suspension that the boy received. The family has a lawyer from the Rutherford Institute, a non-profit that defends civil liberties, human rights and religious liberty.

I’ve discussed this story with several co-workers and friends. Most concur that the boy deserved to be punished for his stupid prank, but there was  debate over whether 10 days was too extreme, never mind 45 more days out of class in an alternative school.

Given all the warnings to students about drugs, including all the drug-free zone signs around their schools, this middle school student showed poor judgment with his faux marijuana. But should he spend 55 days out of his class for his mistake?

According to the Gaston Gazette:

The school immediately handed down a 10-day suspension. When that suspension ended the school added an additional 45-day suspension to be served at a special alternative school.  The student’s family lost an appeal to get him back into Cuthbertson and is now being represented by an attorney.

The boy’s mother agreed to talk to Eyewitness News as long as her identity wasn’t revealed. She said she’s worried his “childish prank” will hurt his chances to get into college.  “I don’t know if this is going to come back to haunt him,” she said. “It just seemed a ridiculous response for a 13-year-old child that’s playing a prank to be sentenced for 45 additional days for a bag of oregano. It just seemed crazy. Over the top.”

The teen was immediately suspended for 10 days and ordered to attend a drug class when he handed his friend the bag of oregano on Jan. 20.  “I actually was not fighting the 10-day suspension, even though I still thought it was a little much for having a bag of a substance that’s not illegal,” said the mother.

When the school principal recommended an additional 45-day suspension, the teen’s family appealed the decision.  The family is now being represented by attorney John Whitehead with the Rutherford Institute in Virginia.  He plans on suing if the teen isn’t allowed back into his regular school immediately.

“If it was marijuana? Sure. It should be dealt with seriously. I think it should be dealt with probably by the police. But this is oregano, folks! This is what you put on pizza. It was a joke,” he said.

District spokesman Luan Ingram said she couldn’t discuss this case specifically, or go into detail about the teen’s disciplinary record. She said the decision was made with thoughtful consideration.  “He told his classmates he had marijuana to give away. It’s not a zero-tolerance policy, but we use judgment in our decisions,” Ingram said.

–From Maureen Downey, for the AJC Get Schooled blog

61 comments Add your comment

Dr. Proud Black Man

February 20th, 2012
9:51 pm

He probably had a record and the fake weed bust was the icing that sent him to the alternative school.

Pink

February 20th, 2012
10:01 pm

Just another brick in the wall.

[...] A 55-day suspension for a bag of oregano? It was a stupid prank, but is the … He might reconsider that advice if he heard about the 13-year-old North Carolina student handed a 55-day suspension for bringing a bag of oregano to school and telling classmates it was marijuana. The family of the eighth-grader at Cuthbertson Middle … Read more on Atlanta Journal Constitution (blog) [...]

Former Middle School Teacher

February 20th, 2012
10:04 pm

Who cares, instead we should be discussing the continued bloodshed for teachers in almost every system in the state. Despite Deal’s promises to fund education he won’t, another year of Republicans killing education.

Rick

February 20th, 2012
10:17 pm

Honestly I think 45 days would be too much even if he had actually brought marijuana.

middleschoolteacher

February 20th, 2012
10:31 pm

The way I read the story, it is 10 days out of school with 45 more in an alternative school. Quite different from 55-day suspension!
Without knowing his discipline record, it is difficult to know if this was an appropriate response to a repeat offender or an overreaction to a prank. Remember, the mom can make her case in the media, but the school is limited in what it can say due to privacy laws.

Beverly Fraud

February 21st, 2012
4:53 am

55 days? Yet it is NOT uncommon for students to threaten if not outright physically assault teachers and get nowhere NEAR a 55 day suspension.

MAYBE if the Westlake student who physically assaulted a school resource officer had gotten a swift, sure, consequence, instead of a slap on the wrist, another student might not have been hospitalized with a BROKEN JAW.

The message? Physically assault staff = “We frown on that.” Oregano = “We take THAT seriously.”

NW GA Math/Science Teacher

February 21st, 2012
6:14 am

Yeah, but that’s just teachers. Who cares about them. They’re just stupid and lazy anyway, right?

Lee

February 21st, 2012
6:15 am

At the end of the day, it was still oregano. It was a stupid prank and yes, the penalty was far too stiff. So now, instead of having the parents on your side and dealing with why this student thought it would be a good idea to act the big man on campus with a bag of dope, the parents have lawyered up and are fighting the school system.

Great job! Idiot school administrators.

Gee, I don’t know why the public is pushing for vouchers, charter schools, private schools, hell, ANYTHING to get their kids away from the psycho wards known as traditional public schools.

Is this principal is related to the “Tweety Bird Keychain” principal?

The hits just keep coming…..

mountain man

February 21st, 2012
6:29 am

What if the student had brought a TOY GUN to school and told everyone it was the real thing. Same thing – zero tolerance policy. Would you be saying ” It’s just a TOY GUN, people.

mountain man

February 21st, 2012
6:39 am

We have been telling schools to get tough with discipline, now they have. So accept it with open arms people.

bootney farnsworth

February 21st, 2012
7:01 am

1- there is a BIG difference between suspension and being sent to alternate schooling. implying they are the same is disingeuous in the
extreme

2- 45 days seems an odd number. need to know where the 45 days came from. if that’s the length to the end of the term, alternate schooling seems reasonable.

bootney farnsworth

February 21st, 2012
7:04 am

also, what other things might the kid have done in the past? without knowing if he’s been an ongoing disipline problem, had a series of prior suspensions, ect it’s impossible to make an informed opinion on the validity of the punishment.

not enough facts here

Voice of Reason

February 21st, 2012
7:24 am

As already pointed out, the title of the article is HIGHLY misleading. The “55 day suspension” seems to imply that he will not be attending school for 55 days. He will be serving 10 days suspension and then attending the alternative school for 45 days. If they are on a 180 day calendar, it sounds like they sent him for one quarter.

Secondly, none of you know the details of this story. The child’s attorney and his parents will do their best to spin this story in a light that is most positive for the child. I would say the same for the school system except they aren’t releasing any details. You can’t spin what you don’t release.

For all we know, this child was offering the oregano for sale as marijuana.

Me

February 21st, 2012
7:25 am

Most school systems have a clear policy that it is a high level offense to even represent a substance as an illegal drug at school. If the district has such a policy then the punishment is appropriate. Also I would guess this isn’t the student’s first offense but the school can’t tell the press that so the power is with the whining parent.

Voice of Reason

February 21st, 2012
7:29 am

Beverly Fraud,

You can’t take two completely different school systems and expect them to discipline the same. How do you know this school system doesn’t expel kids for hitting staff members? Short answer – you don’t. Therefore, this school system’s handling of this incident says absolutely NOTHING about whether another school system takes an issue seriously.

Lee,

You are disparaging ALL public schools based on an incident at one school system. Additionally, you don’t have enough facts to make an informed judgment about the incident to begin with. This child may be a huge discipline problem. He may have been trying to sell the oregano as marijuana.

If you are going to make comments such as yours, you should really have enough information to form a valid opinion.

Inman Park Boy

February 21st, 2012
7:53 am

Not enough information Ms. Downey. What was the boy’s prior record?

Atlanta Mom

February 21st, 2012
8:02 am

Alternative schools are not where you want your child. I haven’t heard of one that a parent would be happy to have their child attend.

GTJohn

February 21st, 2012
8:09 am

I think it was funny, showed creativity on his part and do not see why any punishment is necessary or even being discussed. I was pretty calm back in my school days but if the rules of today applied then, I would have been in enough trouble to have never been accepted into college. I think that today’s schools and school boards are the ones who should be punished. They are totally out of control and do not know how to think other than tohave the thought of how can i raise taxes this year.

GTJohn

February 21st, 2012
8:14 am

I cannot believe all the people on here siding with the school system – the sheeple are just amazing. If this kid were given the correct inspriation and guidance by a school system that knew what they were doing, he would probably excel to the top 10% or better. God forbid a student not fit the predetermined mold of a student. Glad that people like Bell, Edison, Ford, Einenstein, Braun, etc are not in today’s schools. They would all be in trouble and probably have to become delinquents.

Road Scholar

February 21st, 2012
8:16 am

About whether this will affect his college admissions, he will at least be able to get into culinary school! Need to know what his record is before we consider whether it was too harsh.

Beverly Fraud

February 21st, 2012
8:17 am

Beverly Fraud,

You can’t take two completely different school systems and expect them to discipline the same. How do you know this school system doesn’t expel kids for hitting staff members? Short answer – you don’t.

Short answer is RIGHT. I don’t know for CERTAIN. But given the prevailing climate in the public schools, if I had to be dollars to donuts…

Beverly Fraud

February 21st, 2012
8:18 am

BET dollars to donuts, that is.

yes i am worried

February 21st, 2012
8:19 am

While it seems extreme, we have no idea of what this student’s prior record was/is. And we won’t really know either, unless he has peers that spell the beans. (that is, if they really know).

For all you know, this was not the first incident and the kid had been warned multiple times.

Chaos

February 21st, 2012
8:21 am

Some people can’t see the forest for the trees…or the oregano for the leaves.

Not having all of the information makes it hard to understand the entirety of the situation, but here’s a thought: Why not wear the kid’s little rear-end out and send him back to class for being so stupid. Oh, I forgot, paddling hurts kids self-esteem and corporal punishment is out of vogue.

None-the-less, 55 days (in or out) of suspension makes no sense to me. If he is that much of a threat to the classroom, then he should be sent home for good. I am willing to bet that he isn’t.

carlosgvv

February 21st, 2012
8:24 am

When students in Atlanta assault teachers, brings drugs to school and rape other students in rest rooms, do they get suspended?

36 Years in Education

February 21st, 2012
8:32 am

There’s ALWAYS more to every story. Schools and principals don’t enjoy suspending students. MAYBE the child would have received intensive counseling at the ALTERNATIVE school. MAYBE this child had done numerous stupid pranks and he needed more intensive help (oh, gee, I didn’t mean to set her hair on fire– I was just playing with a lighter and her hair caught on fire.) MAYBE the child had threatened the other student (– you hold this dope for me or I’ll kill your family dog.)

THERE’S ALWAYS MORE TO EVERY STORY.

Old timer

February 21st, 2012
8:33 am

Again, before saying I would want to know his past record. There are zero tolerance laws…it may include false representation..

bob

February 21st, 2012
8:33 am

Former teacher, who cares about you ?

Double Zero Eight

February 21st, 2012
8:35 am

As many have indicated, more information is needed.
Based on the information available, it seems that the
administrators are punishing the student’s stupidity with
stupidity (”an eye for an eye”). The punishment seems too
harsh, unless there are mitigating circumstances.

I am willing to bet that a bully found guilty of bullying, or a
person that instigated a fight would receive punishment
that was less severe.

bob

February 21st, 2012
8:36 am

36 years in education, maybe the kid was actually charles Manson ? Maybe education is going downhill due to teachers such as yourself that want to make up things in this kids past to justify this punishment. Oh Gee, I didn’t mean to set her hair on fire ?

HS Public Teacher

February 21st, 2012
9:02 am

@Marueen -

Oh, come on! You should know that this type of thing is a culmination of many incidences by a single student. Why would you put up something like this?

The AJC and news in general already sensationalize education enough. Include all of the facts please, if you want to put up something like this.

bu2

February 21st, 2012
9:20 am

@HSPT
And yet he didn’t get 45 days alternative school and a 10 day suspension for other things. He got it for a practical joke that hurt noone.

Do all the APS and DCSS rejects go to North Carolina? I wonder if Oregano would be considered part of an acceptable lunch?

33 year educator

February 21st, 2012
9:25 am

Here’s another description of the incident…
“On January 20, 2012, the eighth grader in question, whose family has asked that he not be identified publicly (referred to hereafter as “B”), brought a bag containing oregano to Cuthbertson Middle School. “B” played a joke on a fellow student who had spoken to him about marijuana—the students having discussed it in health class—by giving his classmate a bag of oregano. Claiming they didn’t want other children to be in danger, school officials charged “B” with having the intent to distribute an “illegal drug, counterfeit or synthetic drug,” and initially suspended him for 10 days, later extending it to an additional 45 days. Insisting that her son had merely engaged in a schoolboy prank with no intention to harm anyone, “B’s” mother turned to The Rutherford Institute for help.”

Homeschooler

February 21st, 2012
9:48 am

I’d like to know the socioeconomic status of this school. I’d be willing to bet it is in a “nice” area and the school system is over reacting because they have very little “real” problems. I know in Cobb County, this would have gone completely unnoticed in Mableton yet the East Cobb schools would have been calling the police and all kinds of drama would have resulted. It was a JOKE. One that didn’t hurt anybody and in no way, shape or form could have hurt anybody. If a child brings a fake gun to school (as was mentioned in a previous post) there is a level of potential for serious harm.
not the case with fake marijuana.
I’m just sorry that boys can’t be boys anymore. No wonder there seem to be more and more a shortage of strong, manly men. We’ve sucked all the “guy” out of them.
This child should have received some sort of in school suspension (which, I’m sure would be miserable for this sort of kid) and the school should have moved on to more important matters.

catlady

February 21st, 2012
10:22 am

Dumb prank. Bet it won’t happen again.

A prank is a prank

February 21st, 2012
10:25 am

It was a prank.
It wasn’t real marijuana.
So what was the result of the prank?
Wasted time?
Wasted effort?
Distraction at school?

That is what should be punished. I would counsel this student only. I was a good student and pulled a similar prank….on my boss at work after I graduated from college. He got a good laugh out of it. If I had to do all over again, I likely wouldn’t; wisdom comes with age.

This students needs to be counseled about the effects of the prank — wasted time by the adults, a distraction to other students and so on.

What needs a 55 day suspension? A teacher who doesn’t report seven students missing from their classroom. That is no prank and it has real, tangible, consequences and the likelihood of danger. What are the consequences for a bag of oregano? Wasted time and effort. That’s not dangerous.

GM

Beverly Fraud

February 21st, 2012
11:11 am

What if the student had put the oregano on government approved pizza and rendered it unhealthy?

Bet no one thought of that, did they? Because as you ALL know, government approved pizza, like all school lunches, is inherently healthy.

HS Public Teacher

February 21st, 2012
11:19 am

@bu2 -

Most all school systems and schools use a method of punishment that include cumulative effects. The first offense may be a slap on the wrist. Another offense may be staying after school for 15 minutes. The third offense may be in-school suspension. And, so on.

It is not hard to imagine that this kid had a rap sheet that was very long. And, this last offense really did warrent the punishment because of it.

The real shame here – which no one seems to mention – is that the PARENTS should be outraged at their KID. Why is it okay for their child to be playing pranks at school and distracting the educational process.

Where is the outrage?

Soccermom

February 21st, 2012
11:22 am

“For all we know, this child was offering the oregano for sale as marijuana.”
LMAO!!!
Was it PT Barnum who said “a sucker is born every minute”?

Oh, and I agree with the poster who said this is not on the same level as a toy gun. If a toy gun is realistic enough, a deadly response by the SRO or other law enforcement agents is a possibility.

Ronin

February 21st, 2012
11:30 am

Hmm…. last article about college alcohol consumption was pretty dark. As far as the fake Pot.
“Stupid is as stupid does”. Also, zero tolerance makes zero sense. Zero tolerance policies are for people/administrations that don’t have the mental capacity to judge all the evidence and then render a fair but appropriate punishment.

55 days suspension for bringing oregano to to school is insane. My question is, other than lying about the substance, what is the crime? and what law was broken?

Next week another kid brings a bag of onion powder and claims it’s cocaine, do you throw them out for 55 days too?

Prediction, the District loses badly in the lawsuit.

C Jae of EAV

February 21st, 2012
11:32 am

A 55 day suspension seems even in the face of the reported incident to be abit on the extreme end of the scale.

Given the timing, length and mode of punishment (i.e has to be served specifically in an alternative school), it would seem to me that they may have well suspended the student for the remainder of year and forced him to repeat the grade he’s in.

The punishment as issued while it may act as a strong deterant to other students, will likely completely disrupt the learning process for the student and could far reaching unintended consequences.

I believe a stiff disciplinary action was warrented, but the totality of the punishment in this case seems to only feed the school to prison pipeline.

Ole Guy

February 21st, 2012
11:59 am

The arguement “it was just/JUST oregano” has absolutely no bearing. Viewing the substance as JUST oregano is tantamount to the parent who, faced with the prospect of an alcholic offspring, retorts “oh, it’s ONLY beer”. Obviously, the kid’s head is not in the game of school work. Once he has “gained” the approval of his peers, he will surely venture into the world of the real deal; he’ll start in on the real weed.

GDit, people, when are you going to accept the sad but true reality that YOU…parents, teachers, resource personnel, any and everyone remotely associated with kids’ upbringing, development and…(what was/is the purpose of this entire exercise? Oh, yea) EDUCATION simply MUST be willing to build a base of fear…yes, FEAR. No Mickey Mouse fanny rubbin’ feel good nonesense…FEAR FEAR FEAR. These kids have to be made to WANT TO; TO HAVE TO; TO HAD BETTER THINK TWICE (or maybe even a few more times) before pissing around.

I know you PROFESSIONAL EDUCATORS don’t like to read the Ole Guy’s advice on gaining/regaining control over youth. You seem to feel that YOU, and YOU alone possess some sort of magic answers simply because YOU have chosen to set yourselves up as martyrs for a cause which no longer exists. YOU have failed miserably in your task of preping kids for what lies ahead. YOU have chosen to hide and quiver at the first sign of big bad wolf administrators/YOUR keepers showing any sign of displeasure.

Now you want to discuss, what are essentially, nonissues: HOW DO I CONTROL KIDS WITHOUT “UPSETTING” THEM? Well, my my! YOU know the answer(s) to that; very same answer(s) I have advocated many times over.

GOOD FREQUIN LUCK.

Warrior Woman

February 21st, 2012
12:22 pm

The penalty was far too stiff, especially since there are students given lesser consequences for actual drug infractions.

Ron F.

February 21st, 2012
12:23 pm

How many of you actually read the whole story? 10 day suspension and 45 DAYS IN ALTERNATIVE SCHOOL. That means he gets classes with teachers and curriculua to study, but in a smaller setting where he can also get counseling. HE IS STILL IN SCHOOL FOR THOSE 45 DAYS. Just wanted to emphasize the facts folks. Whether it was oregano or clover leaves from the yard, the fact that he presented it as an illegal substance means the school has to respond. We cry out for punishment for disruptive kids when our own children are in class with them. How would you respond if it had been your child the bag of stuff was given or offered to?

To HS Public Teacher

February 21st, 2012
12:32 pm

HS Public Teacher wants us to get outraged by a prank. HS Teacher writes “The real shame here – which no one seems to mention – is that the PARENTS should be outraged at their KID. Why is it okay for their child to be playing pranks at school and distracting the educational process.”

I agree pranks are distracting. That’s the thing the kid did wrong, he or she distracted the learning process. He or she causes time to be wasted that could otherwise be spent learning. That’s what needs to be punished. So if a kid bellows out a loud joke in class and distracts eveyone, what is the proper discipline method? The oregano prank deserves the same.

The oregano as pot joke is an old one. A colleague and I played the very same joke on my boss. Yes, I was young, right out of college and my boss really thought it was pot. He turned all red and flustereed and then we let him in on the prank…and he laughed it off. Neither of us were punished or even scolded (it was an April 1st joke). What it spoke to was that we had a good work environment where we liked and respected one another. There was no harm and no foul.

This kid played a joke. Most of we high school students played pranks on one another and sometimes we played pranks on the teachers we liked — and they laughed along with us. That says a lot about the teachers — they liked we kids.

Think of it this way — WHAT if it was FAKE POOP? What would be the punishment? fake poop is a distraction, it’s silly, surely vulgar — what is the crime for that?

I think your “outrage” HS Teacher should be reserved for REAL illegal drugs. That’s a time to get outraged — fake pot, like fake poop, is a distraction, a prank, and needs an appropriate discipline, surely not a 55 day suspension and surely no outrage.

GM

To ROn F an honest answer

February 21st, 2012
12:38 pm

You ask a good question, Ron. You asked “How would you respond if it had been your child the bag of stuff was given or offered to?”

I would be concerned that my child was trying to buy drugs. Pot, in my opinion, is less harmful than alcohol but I don’t use it and wouldn’t use it for only one reason — or maybe two reasons — the main one being — it’s illegal. The other reason is taht it is as harmful as a cigarette.

Pot isn’t crack.
Pot isn’t heroine.
Pot isn’t addictive.
Pot IS illegal.

that is what I would be stressing to my children — the illegality of it. The consequences for having pot or smoking pot is the jail time and the likely horrible consequences of having a “record.” Universities may exclude you. Employers may not want to hire you.

There are also some good arguments why you don’t want to be around pot-smokers — they likely have access to other drugs and in general, pot heads are white, pasty-faced, overweight, slobs who watch movies all day and do no activity because pot makes one very relaxed to the point of perma couch potato syndrome.

….those are all the things I would be concerned about. If pot were legal, my concern is the effects the smoke have on lungs — the same as a cigarette.

GM

bu2

February 21st, 2012
12:46 pm

@Ron
Do you understand what alternative schools are? I’ve known people who have gone to them. They are punishment with kids with more serious issues, not some healthy environment for them to thrive. It is simply an attempt to sideline them.

The 10 day suspension for the prank was ridiculous. The extra was totally absurd.

There must be some rationality to punishment or it totally loses its value and discredits the school in the eyes of the students.

3schoolkids

February 21st, 2012
1:05 pm

So now we have a potential lawsuit if the boy is not allowed back in his regular school? The parents took the time to find a great lawyer, did they take the time to find the child a good psychiatrist? The question is why did the kid feel he had to do this? What if you were the parent of one of the kids he was trying to give it to, would you be asking the school to let this kid come back? Go to “wikihow” there is an article about making a “barely legal joint” out of oregano, there are also videos on youtube. Harmless prank? Maybe not.

To Former Middle School Teacher

February 21st, 2012
1:11 pm

You asked us to discuss the “real issue,” which you describe as “the continued bloodshed for teachers in almost every system in the state.”

Continued bloodshed?

OK, I’ll bite.
Please tell us about the specific “continued bloodshed”. (provide links to news stories please). If therre is bloodshed at school it makes the news. Just wondering why we haven’t heard about it. — or is bloodshed a metaphor?
GM