Judge issues restraining order against Tullahoma City Schools

DUANE SHERRILL Editor

A judge has issued a restraining order against Tullahoma City Schools, claiming they wrongly suspended an honor student for having a vape at school, ordering the school to readmit the student immediately. Meanwhile, the Tullahoma High School senior is seeking a quarter-million dollars in damages against the school system after she was led away in handcuffs in front of her classmates.

Judge Robert Carter has signed a temporary injunction against the school system, ordering that the senior be readmitted to the school immediately and that she be allowed to participate in homecoming activities. The judge also decreed that the school not be allowed to impose any more academic penalties on the student while the appeal remains pending.

The senior was suspended after she was found in possession of a vape device on campus. Upon being caught with the contraband, she revealed it was a nicotine device, not a THC device. Ordinarily, being caught with any nicotine vape carries a three-day suspension. The student maintains the vape did not even contain nicotine. However, in the case of the senior, the SRO at the school reportedly performed a field test and maintained it had THC, thereby bringing a more serious charge.

At issue is the alleged fact that when the girl’s mother asked to have a test performed on the vape, she was told it had been disposed of and was not available for independent testing.

“The board and its agents knew or reasonably should have known that the device was the principal piece of physical evidence,” court papers maintain. “The reliability of the alleged field test and the chain of custody are central because the distinction between a vape and unlawful possession of a controlled substance changes both the nature of the charge and the authorized sanction.”

The attorneys go on to say the girl’s mother got an independent hair follicle drug test and her daughter tested clean of nicotine and drugs.

Furthermore, attorneys for the plaintiff say the incident was exacerbated because the student was handcuffed and removed from school in view of her classmates and taken to Coffee County Jail, where a juvenile delinquency petition was taken against her.

According to court papers, the student involved has a 3.9 grade point average with no past school-disciplinary history. The actions by the school, her attorneys argue, caused her to suffer anxiety over the loss of her senior years, and it will impact her college offers, scholarships, and would even cause her to miss her senior homecoming.

As part of his ruling, Judge Carter has also directed that the school preserve all evidence in the case, including any surveillance or body cam footage, along with emails, texts and witness statements.

Comment was requested from the school system; however, Tullahoma City Schools normally does not comment on pending litigation.

Duane Sherrill
Duane Sherrill
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