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Sunday, April 26, 2009
Debra J. Saunders :: Townhall.com Columnist
More Than a Silly Strip Search
by Debra J. Saunders
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When she was a 13-year-old student at Safford Middle School in Arizona, Savana Redding was strip-searched by school officials in search of -- this is no joke -- ibuprofen. Now she is suing the district and the officials for violating her Fourth Amendment protection against unreasonable searches and seizures.

It is not good for Redding that while the U.S. Supreme Court heard arguments on her case last week, Justice David Souter commented, "My thought process is I would rather have the kid embarrassed by a strip search, if we can't find anything short of that, than to have some other kids dead because the stuff is distributed at lunchtime and things go awry."

The good news, I guess, is that Souter is not the surgeon general, because he seems unable to distinguish between Advil and methamphetamine.

But that's it for the good news. Redding was an honor student with no disciplinary marks against her when another student was caught in class with prescription ibuprofen, small knives and a cigarette. That girl falsely told Assistant Principal Kerry Wilson that she got the pills from Redding.

Redding denied the charge. Wilson searched her backpack and found nothing. So he asked a female assistant and school nurse to strip-search Redding. The two women took Redding down the hall and instructed her to remove her socks, shoes and jacket, then shirt and pants, and finally, when she was down to her underwear, they asked her to pull and twist her underwear -- exposing herself -- to see if any pills fell out. Redding later described the episode as "the most humiliating experience" of her life.

The experience should have been among the most humiliating for Wilson, the assistant and the nurse: They didn't find any pills.

Matthew Wright, the attorney for the school district, told the Associated Press that media coverage is negative due to "a superficial understanding of the facts." He did issue a statement that school officials are "in the untenable position of either facing the threat of lawsuits for their attempts to enforce a drug-free policy or for their laxity in failing to interdict potentially harmful drugs."

So instead, they got a lawsuit for strip-searching an innocent kid because they were fool enough to think she might hide a legal drug in her bra. Yes, those would be the adults in this story.

I should note that the other student was found with 400 mg prescription ibuprofen pills, not a 200 mg over-the-counter Advil. But that is a distinction without a difference. I have to agree with U.S. Judge Kim McLane Wardlaw, who, in a Ninth U.S. Circuit Court of Appeals ruling in Redding's favor, wrote, "We reject Safford's effort to lump together these run-of-the-mill anti-inflammatory pills with the evocative term 'prescription drugs' in a knowing effort to shield an imprudent strip search of a young girl behind a larger war on drugs."

Wardlaw also was appalled that Safford conducted a less intrusive search of the girl who falsely accused Redding, while never asking a boy suspected of the same infraction to strip. If the school was compelled to strip-search Redding to prevent a lawsuit or harmful episode, why not the others?

Slate Magazine's Dahlia Lithwick noted that when Justice John Paul Stevens asked what discipline the district meted out to the girl who falsely fingered Redding, Wright answered, "Oh, there was no discipline that I know of."

Interesting. Common sense could have prevented this irritating case. School districts ought to have better things to do -- like educating -- than banning student use of over-the-counter drugs. If parents don't want their children taking medication for headaches or cramps, let parents say no. It's not the schools' job.

Common sense also should tell school officials not to strip-search students for any reason without a parent's permission. Asked what she thinks the school should have done, Redding's answer was simple: "Call my mom first."

The Supreme Court does not have a strong track record when it comes to recognizing student or parental rights. In 1995, the Big Bench ruled that an Oregon school could require school athletes to submit to random drug testing, in part because of the "increased risk of sports-related injury." In 2002, the court supported an Oklahoma school district's mandatory drug policy for students participating in any extracurricular activities, sporting or not -- even if parents objected to the test.

Perhaps, however, this episode is too extreme even for this court. Or, as Souter also noted, "at some point, it gets silly."

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Power Crazed Administrators
Once again, here is another story of school administrators gone wild. If the school was in such terrible fear of this one poor girl, why didn't they merely phone her mother, explain the situation & have her mother come pick the girl up and take her home? At home, mother could have removed the offending pills if they existed. Then, the girl could have just returned to school the next day. The U.S. is suffering from an epidemic of so-called professional people who are mentally ill from the thrill of power. This includes, but is not limited to, teachers, lawyers, college professors & court appointed psychologists. Entirely too many of these people today are walking jokes who make lethal decisions like strip searching children.

Knee Jerk Rulings
The problem here is the silly "zero-tolerance" rules that have become a near epidemic in our public schools. This case likely stemmed from one such law that does not distinguish an OTC Excedrine from a balloon of heroin; both are drugs and neither is allowed on school grounds with very few exceptions.

When we make rules with no discretion or acknowledgment that a does not equal b, we open ourselves up to this type of abuse. This case simply points out the problems that "zero-tolerance" policies cause in our system.

Joel
Check out H.R. 1444 - pages 4 and 5 are particularly odious. Government indoctrination camps are indeed on the table. At the least, about half of the 'distinguished colleagues in Congress' need to be voted out of office and on a regular basis.

I am in total agreement with Ms Sauders
The one originally found with the pills was NOT strip-searched. WHAT? ONLY the one she SAID gave them to her. WHAT? What kind of topsy turvy, pc world are we inhabiting? What kind of WITCH HUNT were they running at that school?

I am SO SICK OF ZERO TOLERANCE! You can't have a cough drop or draw a picture of a gun - but you can have sex in the bathroom of most schools, no matter the grade - in some with the teacher! Zero tolerance is only for those with zero sense and zero brains.

And to strip search ANY child without the parent present, and doing the 'stipping' by the way, is abhorrent and tyrannical abuse of power. Most especially when the finger was ONLY pointed at her by the one that HAD the 'drugs' in the first place!

5 stars for reporting it. Please update.

Ms. Saunders
Thank you very much for the column. I hope you follow up on this. This reminds me of the two 12 year old boys labled as sexual predators for a "slp but day at school" (reported by Dennis Prager, and Ms. Saunders) the scikness that runs through the lib. PC schools is killing our children, and our country.
Kirk

Strip search - medication issues
A point was made that schools shouldn't be involved with medication a student is taking. The problem here is that the insurance companies have made schools responsible, at least in the state of Maryland. I'm sure this is true in DC and Virginia, so it's probably true everywhere. If a student has an adverse reaction to medication of any type that is not administered by a school nurse who has a parental permission slip on file, the schools are financially responsible and liable for any damages. This includes adverse reactions to Tylenol, Bayer, any medication at all, whether its over the counter or prescription. The insurance companies have done this, its not a "big government" issue. This is true for private and parochial schools too, I don't know how many times I had to confiscate Tylenol and Advil from students, its legally required to be in the nurses office and not in the posession of students.

Government schools caused this problem
I agree with Joel-De Opresso Liber that government shouldn't be involved in schooling. If government wasn't involved in schooling, we would have schools that answered to parents and not to power crazed government employees who don't have to answer to their "customers" or should I say thier prisoners who are practically forced to attend and obey. What private school would strip search a student without the parent's permission? Only one that didn't want to stay in business very long.

Many other government school problems are also less likely to occur in private schools. I'd expect private schools would have parents sign a contract that if their child assaults a teacher (and I'm talking teenagers) they will get kicked out and forfeit their tuition.

We need to get government out of education. They do a lousy job, and the free market does it much better. If someone says the government does education well, I guess they'd agree that the government should also handle health care, food, shelter and clothing for everyone too.

Donald
Donald is correct to a point, except he places the blame on insurance companies. Why would one suppose that insurance companies are taking this stance? Is there any problem in our society that trial lawyers aren't causing to fester?

Re: Common sense...
The kid had more common sense than the principal: "call my mom first". Why didn't they?
The fear from lawsuits, apparently overwhelms rationale.

Atomic bomb?
After a career as a school teacher and administrator I can say that a student strip search is the "atomic bomb" of school discipline. It's there if you need it, but you'd better be using it as an absolute last resort.

It sounds to me that school personnel dropped their bomb on this falsely-accused honor student without first thinking about the consequences of their actions. Now they must face the consequences.

If the school principal who started this whole thing in motion worked for me, he'd be reassigned to permanent lunchroom duty.

STRIP SEARCH THE TERRORISTS?
oh, maybe that would be too intrusive.

THIS GOVERNMENT BETTER GET SOME CONSISTANCY OR WE WILL ALL GO BROKE PAYING OUT LAWSUITS.

ROWDY BOOTS

Turn any operation
over to the government and you will get the efficiency of the post office, the compassion of the IRS and the fiscal responsibility of the Pentagon. There is no mystery. Government operations are an unaccountable monopoly. Not only are government workers susceptible to the same human weaknesses of greed,sloth etc, which plague business folks, but government tends to attract the worst of people who are more likely to have an eye out for the extra protection and cover of civil service law. Almost always government intervention is the problem, not the solution. For example, Freddie and Fannie are government creations intended to overlay politically correct agenda on an otherwise straightforward financial contract. Really worked out, didn't it?

I'd send the school officials
away for life. These people are the product of progressive nonsense. They have no common sense or decency. Remember the word decency. School was never meant to be a dictatorship. School was never meant to be a prison. Parents should have been notified. End of story. Officials and Politicians agreeing with the behavior of school officials should also be sent away. We are a Nation of nincompoops. We are putting up with too much from these depraved powerocrats. How did these people change our country so quickly?

Been there...
After being an administrator in one of those "tough" areas...

We conducted lots of searches on personal belongings and vehicles. Not once would we go so far as to strip search... NEVER. This article skips over a small detail. They did not strip-search the accuser, because the admins found what they were looking for elsewhere. My bet would be the backpack. Here's a tip: Some drug dealers carry in their shorts. The vast majority, however, carry in their backpacks. After successfully identifying over 200 in less than 5 years, I'm pretty sure...

A strip search by any school official is insane.

Joycey
No doubt the jerk who authorized this strip search should be forced to walk naked in front of the entire student body on his way out the door. This won't even come close to happening because his administrators' union would surely file a grievance.

Brushfire
I am a retired school administrator and teacher and understand the issues behind this case. From the beginning,schools have operated in loco parentis (Latin for "in the place of a parent")and the courts have upheld this concept. The principal and nurse were guilty of bad judgement. I do consider this an unreasonable search. Faced with the same situation in a non emergency I would have called the mother and requested she come to the school to do the search. 400 mg Ibuprofen is prescription strength and absent a signed parental waiver is considered contraband. I am working on a blog article regarding the failure of our out-moded school system. I don't agree with every comment, but Much of what I read has the ring of truth.

Things not always what they seem.....
Two thoughts come to mind on this!
I wonder if they would be so concerned about the insurance companies if they take, or counsel, a girl for an abortion, which is much more serious to her, and can have extreme complications too.

It would be of interest to know just how well developed the young lady happened to be, as opposed to the one who actually HAD the drugs.
harrassment happens.

Donald in Md.
As you are apparently a teacher, I'm rather surprised that you blame the "insurance companies" for what apparently is a state law placing financial liability on the school should a student have an adverse reaction. You also state that in Maryland any medication is "... legally required to be in the nurses office and not in the posession (sic) of students."

"Jerry" is correct, it is the trial lawyers across the country who force insurers, and insureds, to take ludicrous positions to protect themselves. But apparently MD lawmakers have gone even a step further and ensconced such absurdities in statute. I suppose an asthmatic child would be required to run down to the nurses office to obtain the rescue inhaler should the child be struck with breathing problems. At least here in TX (or at least our school district) if the child has a note, the child retains the medication unless assistance is necessary to properly take the medicine.

9th got it right - SCOTUS should decline
The Ninth Court got it right. The SCOTUS hearing this is beyond belief.

The fact that the accuser got away scott free is also unbelievable.

The administration folks at the school where this took place should be "suspended" and sent home without pay for 2-4 weeks.

And if this were a generation ago, they should also go to "the wood shed" and have their backsides warmed up too. (It would do them some good!)

On the other hand ...
The article stated: "School districts ought to have better things to do -- like educating -- than banning student use of over-the-counter drugs."

The school districts are not to blame!

There is nothing more that school officials would like to do than to stick to education.

If you want to blame someone, try lawyers and legislators.

Why are over-the-counter drugs banned in schools? Because of silly lawsuits.

Why so much attention paid? Because of stupid laws that have abrogated parents' responsibility.

Strip Search
I'm concerned that the supreme court are not good guardians of the Constitution and the limited rights granted to government from its citizens (NOT the other way around!). They have a shameful record of twisting the precepts of the founding of this Nation for their own agenda.

About this for a precedent: A Kenyan born stealth muslim in the White House!?! Where's the once again derelict, useless Supreme Court in this matter that was brought to their attention well before the election and squelched by the MSM? The Constitution is being mangled and the SC do-nothings are giving this impostor a pass?!? We are a nation in serious trouble and, no, I'm not delusional!


No Body Cavity Search?
I wonder is she had accused everyone of possessing pills, if everyone would have been Even the teachers?

A strip-search alone would not be sufficient. A full body cavity exam would be necessary to ensure the safety of all students and teachers.

It seems too easy a call. It is a clear violation of the Fourth Amendment. Illegal search without probable cause.

The guilty parties must pay.

middle skool strip search
Joel-DOL, amen bruther. Donald-these kids & parents are not idiots. You swipping aspirin from kids makes you a real big man. "Insurance companies", come on. B 4 real. You are interferring w/ personal family business. If your school has a metal detector or a cop, then it is not a safe place for your child to attend. There was also a case in TX (?) of a school forcing every single body to take urine tests for dope. All except one family participated. Very sad. The man's name is Larry ?. Shame on me. You folks need to get your kids outa these camps. adios!

Strip searching at school
My kids are under strict instructions not to comply with such orders from school. If that means that the police are called and they're hauled to the station, then at least I'll be contacted first. Then they can deal with me and my lawyer.

These no tolerance rules in school are beyond ridiculous. All the more reason to home school.

no personal experience
with such stupidity in school, because when i was in school, we all carried knives, and had guns in our trucks, and the bad boys smoked cigarettes. my son told me about a student at school who was found to have a picture of a uzi as wallpaper on his computer. this was the basis for a search, which turned up a pen knife! he was expelled. thank god he didnt have any ibuprofen.
souter is living proof that there should be a mandatory mental competency exam for all justices every year.

Joel on the nail
"The government should NEVER be involved in schools. Why is it my responsibility to pay for children to be indoctrinated?"

Basically, government's responsibilities are:
(*) law-and-order (anti-crime) enforcement
(*) national defence
(*) relations with foreign nations/powers

The other 1,997+ that they have arrogated themselves--well, they cannot at all administer those well, and the administration of the three original responsibilities also goes through floor.
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