Ruling upholds Heritage suspensions
by Justin Lafferty
Jun 07, 2012 | 2950 views | 7 7 comments | 17 17 recommendations | email to a friend | print
Suspended Heritage High School senior Zach Szopinski stands with his classmates during a public apology held early Monday morning.<br><i>Photo courtesy of Zach Szopinski</i>
Suspended Heritage High School senior Zach Szopinski stands with his classmates during a public apology held early Monday morning.
Photo courtesy of Zach Szopinski
slideshow
Attorney Peter Johnson, representing the families of 12 suspended Heritage High School seniors, speaks to reporters outside the Martinez courthouse on Tuesday.<br>Photo by Justin Lafferty</br>
Attorney Peter Johnson, representing the families of 12 suspended Heritage High School seniors, speaks to reporters outside the Martinez courthouse on Tuesday.
Photo by Justin Lafferty
slideshow
After roughly 30 Heritage High School seniors were suspended and banned from Saturday’s commencement ceremony as punishment for a prank involving a lamb chained to a pole and footprints painted on the ground, a judge upheld the school’s decision.

The prank, which involved about 80 Heritage students, occurred the evening of Thursday, May 31. Parents took legal action earlier this week, requesting that the suspended students be allowed to take all of their final exams and walk in the commencement ceremony.

Heritage officials decided earlier this week to cut the suspension to two days, allowing students to return to campus Wednesday.

Contra Costa County Superior Court Judge David B. Flinn on Tuesday upheld that decision. Tests missed on Monday and Tuesday will be made up at teachers’ discretion, in line with the state’s education code. The students who were suspended will not be able to participate in the graduation ceremony.

“It’s just a really really unfortunate situation on so many levels,” said Liberty Union High School District Superintendent Eric Volta. “I truly believe that the school did what it could to communicate to the students that any participation in a prank would result in their commencement privileges being taken away.”

Walnut Creek-based attorney Peter Johnson, representing the families of 12 of the suspended students, said the seniors’ transcripts will be on hold until the matter is resolved.

“I don’t feel good about the fact that the stay wasn’t issued,” Johnson said. “I can’t assure them they’ll be able to do all of their finals, and they won’t be able to walk at commencement.”

Another hearing, scheduled at the Martinez courthouse for Thursday, June 14 at 9 a.m., will deal with the legality of a school withholding final exams during a suspension.

Johnson and Heritage principal Larry Oshodi said several teachers approve of the suspension and are not likely to grant make-up exams. The principal believes that the students’ actions crossed the line from pranksterism to vandalism.

But some students feel otherwise. “Our teachers are inappropriate,” said suspended senior Zach Szopinski. “The teachers are treating us like we’re grade-A criminals.”

Oshodi said students were warned beforehand that any act of vandalism as a result of a senior prank would lead to discipline, including suspensions and the inability to participate in the commencement ceremony. Originally, the length of the suspension was five days, but district officials shortened it to two.

Ray Valverde, president of the LUHSD Board, agreed with Oshodi’s ruling. He noted that nearly all the suspended students should have earned enough credits to receive diplomas, but their grade point average would be hurt.

“Anybody’s entitled to legal action,” Valverde said, “but we’ve used taxpayers’ money to build the school and we have a responsibility not only to the Heritage community but to the whole district to protect our interest.”

The lamb, which Brentwood police found chained to a light pole on campus early Monday morning, is in good health. According to Abe Gamez, deputy director of Contra Costa County Animal Services, the lamb was not injured and will be held at the county facility in Martinez until someone adopts it or it is turned over to a rescue group.

Volta believes that a group of students purchased the lamb.

Most of the paint has been cleaned up, but faint red marks still stain the concrete on various parts of the campus. Oshodi said many of the banners stolen early Friday morning have since been recovered.

A concrete bench was moved around, and stickers reading “I don’t give a (expletive), I’m a senior” were posted all over the school. Oshodi also found one of those stickers on his door.

“Is the suspension appropriate? Yes it is,” Oshodi said Monday. “It’s what we would’ve done any other time of year.”

Szopinski said the only planned prank was for students to dip their feet in washable paint and run around campus as a way to leave their mark. But according to Szopinski, things got out of hand. He claims that he had already left by the time another group of students brought a sheep to campus and chained it to a light pole.

The students in question feel that by going back on Sunday to clean their mess, as well as publically apologizing, they’ve paid their penalty and should be allowed to walk with their classmates. Seniors also stood outside the school Monday morning, holding signs that read “Sorry” and other expressions of remorse.

At Tuesday’s hearing in Martinez, students and parents registered their objections to Heritage’s leadership, stating that the decision to suspend was heavy-handed. Students said the prank started innocently, but spun out of control. Parents are worried that the decision to bar students from taking final exams could be disastrous to their college plans.

Oshodi said Monday that most suspended students would be allowed to receive their diplomas, but their grade point average would suffer as a result.

“The process that the school did was unduly – it wasn’t the correct way,” said Marcie, a mother of a suspended senior. “I’d rather have them go to the police to find the real other people. It’s not fair that my son got suspended. What about all the other kids?”

Remarks painted all over windows on campus, apparently generated by the Class of 2010, were discovered Monday morning. But Heritage officials believe they were unrelated to the prior prank. Oshodi was shocked and saddened when he found them and expressed hope that defacing school property doesn’t become an annual tradition at Brentwood’s newest high school.

There has also been evidence of students making threats against fellow classmates accused of snitching – another grievance Heritage officials are taking seriously.
Comments
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Goodtogo
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June 14, 2012
MBB

I am in complete support of the school districts actions. It is sad hesr of parents hiring a lawyer so their kids would not have to take responsibility for their actions and face the consequences.

Thank you School District officials!
GiftedOne
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June 12, 2012
There is a difference between a prank and vandalism. The school is doing the right thing by sticking to tough disipline. Look at what's happened to Deer Valley by the adminstration there not doing their job. The Gas City incident a few years ago brought to light that one of the students at Deer Valley had over 50 incidents of very bad behavior at the school, ranging from theft to sexual harrasement and violence, yet the school adminstration never expelled him. Why?? When they tried expelling him after the Gas City incident, the parents sued the school district and won. Disgusting. These judges that are part of our court system that alllow this to happen should also be fired.
jdawgsr
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June 08, 2012
The parents and the students should count thier lucky stars that there wasn't any formal charges filed as there should have been. This is a pure act of vandelism and animal cruelty and if it had been someone else charges would have been filed. Basically the parents are teaching these kids its ok if you do something wrong. I think they should have got community service atleast. Make them work for the summer for free. As for taking the test if I was a teacher I would say, SORRY
GSievers
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June 07, 2012
As a former Liberty grad of 2003, I believe the punishment is more than fair. I wasn't the best role model in school, but as seniors, you know right from wrong. These kids are about to get tossed into the real world and if they did that at a job they would be fired. School officials gave them a break and if it hurts their GPA and chances of scholarships, then they should've stayed home. For the families who got the attorney play this scenario in your mind. You come home from a nice family vacation to find that your dog has a massive chain wrapped around its neck and your house, car and drive way is spray painted and you couldn't wash it off. Would you want justice? Heritage High is Brentwoods home and they are getting justice. Parents don't protect your kids, discipline them for wrong doing because in the real society you can end up in jail or something worse if done to wrong people. So I say good job to the principle for standing ground, I have his back 100%
TJV65
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June 07, 2012
I think that what the school did was in line with the crime. We are raising a generation of people that think that SORRY fixes everything and it does not.

The parents need to take some ownership here and quit with the my child is a angel BS. Had I done something like this my Father would have told me tough you brought it on yourself now pay the price. It's called parenting folks quit trying to be a friend and be a parent...they will thank you later.
Behaviorquest
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June 07, 2012
Perhaps Liberty is completely justified in doing what they did, it's just that they make themselves look so foolish in so doing. I still say community service, restitution and cleaning up the mess would have sufficed but the leaders at Liberty just can't get out of their own way when it comes to dealing with kids. Now, some won't graduate with their class and this is just and fair punishment? The school board and Volta need to be held accountable for this one.
pamelastenberg@aol.com
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June 07, 2012
Why should the students AND their parents not be held accountable? Students were told pranks (vandalism) would not be tolerated. End of story - I do not understand why parents felt this was something they could even go to court over. Their children did something wrong. Sometimes it takes more than an "I'm Sorry" to fix it. Hopefully next year's seniors will think twice before joining in something like this.They will only think twice if the consequence is severe.I applaud the principal, the school district and the courts for this decision.
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