Body searches at prom? Two students file suit against district
Two Sante Fe, New Mexico students have filed a class-action suit charging that Santa Fe Public School officials violated their constitutional rights performing “overly intrusive” searches of the girls’ bodies at prom
“The complaint filed Tuesday notes that a female guard for Associated Security Industries, which was contracted by the district to provide security for the event, put her hands on senior Candice Herrera’s breasts and bra and also ordered the 18-year-old and her 16-year-old sister to spread their arms and legs while the guard conducted a body search.”
“Speaking with media Tuesday afternoon at the Santa Fe Community Convention Center, Herrera said she felt “molested” by the guard. She said at one point she tried to move the guard’s hands away from her body, but her efforts were rebuffed.”
“The guard “proceeded to lift Candice’s dress above the middle of her thighs and examined her bare legs,” in front of other students and district personnel, according to the complaint. An embarrassed Herrera made eye contact with school Principal Melanie Romero during the search, but Romero “did not stop the search,” the document says.”
Herrera said she learned from other students that they also had similar searches.
The officials took Herrera’s nail clippers, hand lotion and prescription medicine from her before she entered the prom. When she tried to get it back after the prom, she was told it was discarded.
The superintendent, Bobbie Gutierrez, said in the past a bottle of alcohol was found strapped to a student’s leg (a la UGA games) and cigarettes were found during this year’s prom.
“It’s unfortunate that we have to do this, but we have had problems in the past with students bringing in illegal contraband to prom,” Gutierrez said. “We have to check the convention center several times during that day because alcohol gets taped to sinks in the bathrooms.”
Not that it should matter, but Herrera is a member of National Honor Society and has been honored with a scholarship from the Ronald Simon Family Foundation in 2009. She said she has never had any disciplinary problems at school.
So what do you think folks? What is a reasonable search at prom or other school events to prevent alcohol, cigarettes, guns … nail clippers (really?? Nail clippers??) from coming into the event? How would you feel about a security guard (even if it was a woman) feeling around your daughter’s dress and bra and making them pull up their dress in public to check their thighs? (I keep working on telling my 4-year-old to keep her dress DOWN! We don’t show our underwear!)
What was security like at the proms this year in Atlanta? Were students from rougher schools searched more or less thoroughly? Did your teens report any type of pat downs or actual touching for searches? Did they go through metal detectors? Or just have their purses and pockets searched?
– Theresa Walsh Giarrusso, ajc.com Momania. I have increased my Twitter activity. I am sending out great stories for moms each day focusing on health, fitness, sex, entertainment, food, travel and obviously parenting! So follow me on Twitter at @AJCMOMania!)
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50 comments Add your comment
jarvis
May 18th, 2011
11:25 am
That was ridiculous. If you have weapons concerns that is one thing, but feeling somebody up in a search for alcohol is quite another.
I’d have been very angry.
As for the law suit, what are the damages she believes she should be compensated for? Mental anguish….etc? The security guard should be trained and disciplined on what is appropriate, and the school should apologize, but other than that I’m not sure where monetary damages are due.
jarvis
May 18th, 2011
11:26 am
Filter is pretty active this morning.
Theresa Walsh Giarrusso
May 18th, 2011
11:39 am
I wonder why it grabbed that??
Sylvania
May 18th, 2011
11:43 am
Message to the girl: Get over it. Just because something doesn’t make sense to you doesn’t mean it’s wrong.
It’s amazing these days how thin-skinned people are.
Warrior Woman
May 18th, 2011
11:47 am
@Sylvania – If you don’t think groping an honor student and stealing her prescriptions is wrong, I question your judgement.
The guard should be prosecuted for sexual assault. The principal that permitted this should be fired. The school should have to replace everything they stole from the students. By taking her prescriptions, the school violated HIPPA. They should be prosecuted accordingly.
Techmom
May 18th, 2011
11:49 am
What was the school board afraid would show up at prom? Guns? Use a metal detector. Alcohol or cigarettes? Fingernail clippers? C’mon, these are kids, not extremists getting on an airplane! The school system should be no more intrusive at prom than a regular school day. If you aren’t body & bag checking on a regular day, I don’t see why they would do it at prom.
Hopefully the lawsuit is to bring attention to what happened and not actually for monetary gain. The school system should give an apology and put a written policy into place for what is and isn’t allowed to be checked at school-sponsored events.
Aquagirl
May 18th, 2011
11:50 am
Oh my god, smoking and drinking at the prom. Let’s call the SWAT Team.
Lori
May 18th, 2011
11:58 am
Ridiculous. I can understand searching for weapons. Just have them go through the medal detectors. But a pat down is a bit much for a prom. So what if they manage to sneak in some alcohol, you’ll catch them later when you smell it on them!! I think a better option would be to have more chaperones there watching the kids so there is less chance of stuff going on.
Atlanta mom
May 18th, 2011
12:07 pm
So, were they searching the gentlemen as well? Anyone could tape a bottle to his/her leg.
DB
May 18th, 2011
12:14 pm
Oh, boy, this is a lawsuit waiting to happen!
If she had suffered any health issues due to not having her perscription medication, the lawsuit would be long, loud and VERY expensive. However, to be fair — most schools do not permit students to carry ANY medications with them, unless it’s an asthma inhaler — too much chance of drugs being smuggled in as medicine. If they aren’t permitted at school, then it shouldn’t have been a surprise if they weren’t permitted at prom.
Gotta say, though, as revealing and skin-tight as today’s prom dresses are — I’m surprised there was anyplace on a dress that a security guard couldn’t just glance at and tell immediately that there was nothing there . . .
And Jarvis, you might not think getting ‘groped’ is a big deal, but I can guarantee you if someone felt like they had to check behind your testicles for contraband, you’d feel violated. Depending on the state, groping the girl’s breasts could be considered a form of sexual molestation.
Darwin
May 18th, 2011
12:14 pm
Amazing how we are just impressed with ourselves about our “freedoms.” And then you read how students are treated like second class citizens. If a school district has to resort to this kind of civil rights intrusion, they should cancel the event.
Theresa Walsh Giarrusso
May 18th, 2011
12:18 pm
yes, yes, yes DB — literally saying yes aloud as I read your post
lizbeth
May 18th, 2011
12:29 pm
When the organization becomes more important than the individual, we are lost.
lizbeth
May 18th, 2011
12:31 pm
The problem is not only how invasive this was but also what is being taught. When we teach our kids that there is no recourse, they must submit to search and seizure, no matter if it’s a cellphone, a Facebook page, a school locker, a prom, or even in their own homes, we teach them to allow someone else to run their lives. This is a mistake and will cost America its freedom for everyone in the long run.
RJ
May 18th, 2011
12:32 pm
This infuriates me! Common sense has been thrown out of the window with many of our public schools. Perhaps the child shouldn’t have had her medicine, however it should’ve never been thrown away. They could’ve easily given it back at the end of prom.
What was the purpose of groping the child’s breast? This went too far and I am glad that there is a lawsuit.
Kat
May 18th, 2011
12:42 pm
Obviously, the school was just preparing these kids for the upcoming summer travel season via the airport’s RapeGate procedures.
This is going a bit far. There have always been items like this at prom, right? Alcohol and (horrors!) nail clippers? I think this young lady is entitled to an apology and reimbursement for her medication and other items taken. If she sues, then everyone should sue TSA – they probably already are.
I expect it will be very difficult the first time I take my girls to the airport and have to explain that after years of telling them that their private parts are theirs that they must allow themselves to be touched by adults that they don’t know and there’s nothing mom can do about it – except drive or accept the potential full-body scan.
Texas Pete
May 18th, 2011
12:43 pm
DB just made me tingle in an uncomfortable manner. I feel violated by the first sentence of the last paragraph.
JRev
May 18th, 2011
12:44 pm
Dumb as rocks. All they had to do was tell everyone that IF you are caught with alcohol, then you will be expelled for X number of days. Heck, they could even have a breathalyzer test performed before leaving the prom for anyone they suspect (do a simple breath in the face…alcohol is EASY to smell). Oh yeah, metal detector wand? Duh. But, proms are stupid anyways and a waste of money, so whatever.
GeoffDawg
May 18th, 2011
1:06 pm
Why shouldn’t it matter? The kids who spend their time earning the respect and trust of the school staff should be treated accordingly. What are they learning otherwise? Hardwork doesn’t pay off?
And yes, we pulled “strap the flask” on the date’s leg on several occassions.
JJ
May 18th, 2011
1:28 pm
Everytime something like this happens, Al-Queida smiles……
Jeffro Bodeen
May 18th, 2011
1:30 pm
We always had body searches after our proms.
wanna know
May 18th, 2011
1:33 pm
off topic but just curious, does anyone know the laws in GA where if you’re paid for a service and the payer stops payment on the check what the recourse you have? The bank cashed the check but now is asking for payment back or the teller will get fired.
PJ
May 18th, 2011
1:48 pm
My question is if were the kids informed of a list of “contraband” before the prom, ie nail clippers, medicines, etc. & if were they informed there would be such a search. Sounds like the way the search was conducted was questionable for sure, but providing a list would cut down on at least part of the complaint(s). Everywhere else I’ve gone through a search has had signs, clearly posted, on what is/isn’t allowed.
JJ
May 18th, 2011
1:48 pm
@wannaknow – I think it’s called Theft of Services. Depending on the amount, you may go after then in court. Either small claims or State Court. If it’s over $1,000 I think you can file in Superior Court.
Call the Clerk of Court of the county you live in.
Tairy Greene
May 18th, 2011
1:55 pm
Kat, I would like to give your daughters a “full body scan”
Pluto
May 18th, 2011
1:56 pm
I had to work the Homecoming Dance this which was eye popping to say the least. The “kids” were all but having sex with their clothes on. The grinding going on made an old goat like me very uncomfortable. My female colleagues would not even go into the dance. The level of inhibitition was more than likely substance induced. Thank God I did not have to work the prom. Some of my better students have let me know that they won’t go to the school sponsored dances or proms because of the foolishness that goes on. Better get used to searches at these events or start holding mild versions of the girls gone wild versions of extracurricular activities.
shaggy
May 18th, 2011
2:03 pm
DB,
Heck, I don’t even check behind my testicles for contraband, although there should be ample room for a fifth, especially after a hot shower.
shaggy
May 18th, 2011
2:08 pm
wanna know,
So, you are saying that the teller knew that a stop payment had been placed on a check and cashed it anyway?
If that is the case, that is one dumb teller.
High Jinks
May 18th, 2011
2:41 pm
It is amazing what people can smuggle and or steal under their clothing. A recent arrest video of store surveillance showed woman sticking turkeys, whole hams and small computers under their floor length dresses in various stores such as Walmart Target etc. Some woman are so big that items like this can be lost at a casual look. with super sized women -girls prevalent in many high schools now the above sceanario is not out of bounds other than it might be a full bottle of Johnny Walker Red and a bong or a tray full of jello shots. apoligize and tell them to move on . I am sure the paid guard got no thrill out of body searching the 2 girls (unless she was the bouncer at the local Lesbian bar as a regular job!!!
motherjanegoose
May 18th, 2011
2:46 pm
Did not go to my prom nor did either of my kids. Guess we missed out on that chapter of our lives.
I read about a sweet 16 party last week, in the newspaper. A 14 year old girl was shot and killed by a 15 year old boy. She was just in the way of the scuffle. The world is a scary place sometimes.
khleo
May 18th, 2011
3:08 pm
maybe at that rate…..TSA should just look at proms as training time.
jarvis
May 18th, 2011
3:17 pm
DB, I didn’t say it wasn’t a big deal.
What I said was that I didn’t see the compensable damages.
Here’s a little explanation from an ambulance chaser’s website:
http://www.personalinjurylawyer.com/resources/personal-injury/personal-injury-claims/filing-civil-lawsuit-legal-elements-compens
Denise
May 18th, 2011
5:52 pm
There is absolutely nothing OK about this. Even if the students cannot get compensated for it monetarily, at least this can be brought out in public and, hopefully, an end can be put to this kind of thing. It’s nasty. I don’t care if it was a female officer checking other females. I don’t care if somebody can hide a turkey or a TV under a fat roll, that is the chance they will have to take because checking up under a child’s boobs is not okay. And the principal that sat there and watched a child’s dress get hiked up her leg while other people watched needs to be reprimanded by the school board. I don’t give a frog’s fat @$$ about some “policy”. The principal could have said that was going too far.
Yes, I AM angry. I’m having a bad day and this just sent me over the edge.
lizbeth
May 18th, 2011
10:58 pm
Tairy Green—
Inappropriate.
DB
May 19th, 2011
9:36 am
@wanna know: Actually, in Georgia, it’s illegal to put a stop payment on a check just because you’re pissed off at the person you wrote a check to. The service is offered by banks in the event that checks are lost or stolen, but if you stop a check you have written to someone for services or goods received, then you are subject to prosecution for “theft of services”. Unless the check was reported as lost or stolen, then the most you may be able to get back is the stop payment fee.
teacher
May 20th, 2011
10:00 am
School body searches are supposed to be done in private. Hiring an outside security firm does not in any way permit publicly viewed searches at a school function. The principal was wrong in not giving notice to students and in letting the searches be viewed in front of all to see.
Jacksmum
May 22nd, 2011
2:33 pm
Prom is a right of passage. Some have fun, some have drama, some throw up in the bathroom, and some….”egad” have sex. It is one of the first true passageways from childhood to adulthood. Of course the students know not to bring cigarettes and alcohol, and of course some of them will still do it. We need to stop all of the hovering and allow our children to grow up by experiencing some of the consequences that life will begin tossing their way very soon.
DAWG
May 22nd, 2011
3:07 pm
I am glad that I am sixty years old and grew up when parents and teachers were respected. I was taught to say yes sir yes and no sir and most of all thank you. I lived in a small town outside of Charleston South Carolina and brought a little pocket knife to school and other guys had rifles in their trucks and went hunting after school. If I got into a fight it was over a girl and then shook hands later. I remember going to the principal’s office and having my butt tore and and feared when I went home, another fanny spanking.
Chris
May 22nd, 2011
3:30 pm
I call BS on this one. I do find it funny that you have to get searched to go to prom.
Olderandwiser49
May 22nd, 2011
4:18 pm
When I was a teenager, we used to do body searches of our dates…Oh, that was after the prom!!!
the watch dog
May 22nd, 2011
4:49 pm
Very clearly, a violation of the $th Amendment, the right to privacy and to be secure in onesself. This is a Constitutional issue.”Nothing diminishes the human spirit more quickly than the unhealded search and seizure at any hour of the day or night.” How much further can these kind of violations go on? It goes beyond the pale.
catlady
May 22nd, 2011
4:56 pm
I don’t know what to make of this but wonder what “the rest of the story” was. I imagine there were “little” things like prior notification and perhaps the kids twitted the guard about what they had “hidden,” not realizing that their bluffs would be called.
Or, then again, it might have been a really stupidly planned “protective” action by the adults charged with keeping the kids safe.
catlady
May 22nd, 2011
5:00 pm
lizbeth: “we teach them to allow someone else to run their lives” you mean like many of our elected representatives who want to regulate our sex lives, marriages, religion, etc?
Independent
May 22nd, 2011
5:58 pm
So the 4th amendment disallows unreasonable searches and seizures…unless you are a minor, in which case you are a second-class citizen.
ptjackets
May 22nd, 2011
6:00 pm
Its time for schools to get out of the prom business. If students want proms allow them to organize and have priviate proms that are not associated with the school system. Schools are for education not to allow students to bump and grind! If you have never seen a 2011 Prom its like having sex on the dance floor with your clothes on! I know I”ve been there and seen it over the last 8 or so years! and before I get attacked for being old fashioned or that does not happen at our prom I have been to multiple proms for several schools and at each one it happens unless an adult stand’s amoung the student and stop’s them over and over and over!
faye
May 22nd, 2011
6:24 pm
I’m not really condoning the extent of the search, and I’m definitely not condoning the public nature of it, but I’m wondering if folks on here have heard of The Wine Rack…it’s a flask bra…yeah, that’s right – a bra designed to hold alcohol. Google it…
I’m also wondering if folks have given any consideration to the legal liability of the school in the event of a prom-related drunk driving accident. I have to believe that someone who would sue over this would also be the first in line to sue in the event of a car wreck.
It’s sad that the school felt the need to do it – it’s stinks that it was handled so badly. Still, that girl’s mom should ask herself if what transpired was worse than having the cops call at three in the morning with news no parent wants to hear.
BTW – I am a little biased as a classmate was seriously injured in a drunk driving accident leaving our prom. I’ll be his mom wishes our school cared enough to check.
catlady
May 22nd, 2011
7:38 pm
Some of you act like the KGB sponsored this. Like kids never bring alcohol or someone’s pills to prom. Like a high achiever cannot “follow the crowd” and do the wrong thing. Or like the security system personnel were getting off on “feeling up” these girls.
Sorry. I just think there is far more to this than it sounds.
And, like said above, between the “outfits”, the co ed spend the night parties, and the dance behavior, I am doubting any of the girls had much shame left. Am I generalizing? Maybe, but maybe you should go to one of these pimp, I mean prom, occasions!
Perhaps in court we will hear Paul Harvey tell “the rest of the story.”
lulu
May 22nd, 2011
7:51 pm
Without knowing the rest of the story (as these lawsuits always leave out anything preceding the part of the event in which someone believes they were wronged, usually because they are at least partially to blame), I think the only thing I have an issue with here is that it was not done privately.
Seems a little silly to take away nail clippers and hand lotion unless they were on a list of things not to be brought to prom; however, as a teen I went to plenty of parties, school events, etc. where such things were taken away and discarded – who is going to keep track of what belongs to whom? Where will they store it during the event? Who will be responsible for it? If you’re going to take it away, tossing it makes sense.
I would *absolutely* take any rx drugs away. If there was a serious medical condition that required her having medication at prom, the student should have sought permission in advance. With so much rx drug abuse among teens, I would prefer not to take the chance that this was something the girl would be handing out like candy to her peers.
Also, I know firsthand that good grades and lack of disciplinary problems have NOTHING to do with what a kid is actually getting up to. Perhaps everyone who has an issue with this has perfect children with perfect friends and perfect classmates … but your kids may also be the ones dealing your oxycontin out of their lockers.
Henry McKee
May 22nd, 2011
11:43 pm
As a retired high school principal I am shocked at the stupidity and ignorance of some of the idiots “leading” schools today. If the administration is that scared of “something happening at the prom” they should not have one. The parents should be in their lawyer’s office first thing Monday morning. Swampfox
PJ
May 23rd, 2011
5:54 am
Every student should have left that prom in solidarity. If people stop attending these events the searches will stop in a hurry.
“Those who would sacrifice freedom for security are not deserving of nor shall they have either,” Thomas Jefferson