Student Conduct

[spencer2442]

What is the name of your state (only U.S. law)? California

My friend is in Fire Academy at a State community college in the state of California. The director of his program has filed a written recommendation for removal based upon accusations allegations that he was under the influence of alcohol and/ or drugs. My friend told me that there is written testimony from students saying the he smelled like beer and the director stated in the letter of recommendation for removal that he appeared to be under the inlfuence of drugs. They also stated in the letter that someone saw him drink alcohol at lunch and then return to school. He was never approached by the faculty during the times in question to question the alleged drug or alcohol abuse. Based on these allegations can he be removed from the class.

[HomeGuru]

Originally Posted by spencer2442

What is the name of your state (only U.S. law)? California

My friend is in Fire Academy at a State community college in the state of California. The director of his program has filed a written recommendation for removal based upon accusations allegations that he was under the influence of alcohol and/ or drugs. My friend told me that there is written testimony from students saying the he smelled like beer and the director stated in the letter of recommendation for removal that he appeared to be under the inlfuence of drugs. They also stated in the letter that someone saw him drink alcohol at lunch and then return to school. He was never approached by the faculty during the times in question to question the alleged drug or alcohol abuse. Based on these allegations can he be removed from the class.

**A: let me ask you question. Does your friend do drugs and drink?

[Antigone*of*Greece]

Originally Posted by HomeGuru

**A: let me ask you question. Does your friend do drugs and drink?

I'd go one step further and not wait for the answer we both know is coming. Heck yes he can be removed ~ and should be.

[GaAtty]

If he wants to fight this, he probably can and may win. There is certainly a denial of due process for a state agent to deprive him of his educational opportunity without adequate due process. Students are entitled to due process in public universities. It is not sufficient for a school official to conclude that he was under the influence of drugs and/or alcohol when their evidence was only hearsay. Student wrtten statements are hearsay. I suspect that in a real hearing--to which he is entitled--there would be little substantial evidence. That is, there would be no blood tests, no breath tests, and that only leaves student observation. That may not be sufficient, especially when there is no proof of drugs, no one can say what drug, and no proof of alcohol or how much alcohol. There is also the additional problem as to why is it illegal to drink an alcoholic beverage at lunch and then return to school (assuming that the drink was at a restaurant and he is of legal age to drink, and he was not intoxicated). Additionally, he is entitled to a hearing, not just a decision made by someone when he is unable to defend himself and question witnesses and have counsel. Since this school is part of the university system of California, he is entitled to the same fair and impartial due process hearing and appeal that all university system students are entitled to. He should consult a civil rights attorney (preferably one who represents students) if he wants to fight this.

[ecmst12]

What law entitles him to a hearing? This is college, not high school, he's not entitled to an education there, especially if he's not following the rules.

[CdwJava]

Actually, there IS an appeals process. If the letter of termination from the program is issued, he will have the opportunity to appeal the termination first through the administration of the program academy and then through the college.

I suspect that if the termination carried out that it is more than simply a "someone said that they thought he had a drink of alcohol and that he smelled like a beer ..." Having been involved in academy training on the police side for many years, and having worked alongside the fire guys in a nearby public safety training academy that includes fire training, I have to add that it is not a step taken lightly and not based upon mere speculation. Is it possible that someone could be let go based upon weak information? Sure. But, that would be the exception in my experience. And, there is at least two levels of appeals that can be brought into the fray. If the initial accusation was weak, the appeals process would hopefully bring that out.

In the end, the courts will not likely be involved here because the issue is about due process, not about whether a COURT agrees with the termination. If he is permitted the due process as provided for by law and by the rules of the program and the campus, then he will have little opportunity to challenge the results in court.

What the friend might consider is withdrawing from the program rather than being terminated. A withdrawal could leave the option open to return later. If, however, he is a SPONSORED candidate (a paid employee of an agency that is paying his way), he may have a problem in that withdrawing or being terminated from the program will likely result in the loss of his job with whatever agency might be sponsoring him.

- Carl