Not from SLO, but too fun not to post.
Posted on 10/09/2009 7:48:04 AM PDT by ReagansRaiders
Soldier suspended from school Posted: Oct 8, 2009 05:26 PM
A NEWS10 EXCLUSIVE By MARK O'BRIEN
LANSINGBURGH -- High school senior Matthew Whalen is the kind of student any parent would want.
He's an Eagle Scout, on the honor roll, taking Advanced Placement classes, and never been in trouble with the law. He's received commendations from the City of Troy and the Boy Scouts of America for saving a woman's life, and this past summer, he completed Army basic training. All of it was accomplished before the age of 17.
"I'm just trying to do what I can while I can," Matthew says.
His goal is to attend the U.S. Military Academy at West Point, a dream since he was in grade school.
"I have a first-grade yearbook that says I want to be driving tanks in the Army," Matthew says. "I mean, this is something that I know I've always wanted to do."
But the dream could be in jeopardy, thanks to a two-inch pocket knife that officials at Lansingburgh Senior High School found in Matthew's locked car last month. The pocket knife was a gift from his grandfather, Robert Whalen, who's the Hoosick Falls Police Chief. Matthew says he kept the knife in a side compartment and never tried showing it off or threatening anyone with it. Instead it was a part of the survival kit that was his car.
"My car is designed in a way that if I ever broke down, I'd be OK," Whalen explains. "I have a sleeping bag. I have bottled water. I have an MRE. I believe it's better to be prepared and not need it than need it and not have it."
Matthew says school officials approached him on Sept. 21, asking if he had a weapon on him. When Matthew answered he did not, he says the officials asked if he had a knife in his car. Matthew said it was a pocket knife, and took officials to his car when asked. He also turned over the pocket knife when asked.
The Lansingburgh Central School District has a zero-tolerance policy on weapons. According to the district's Codes of Conduct, students are not allowed to have "a weapon of any kind" on school grounds. Even though a pocket knife is not considered a weapon under New York State penal code, the district also prohibits students from possessing anything "that reasonably can be considered a weapon."
According to Matthew, the school suspended him for five days, during which time a Superintendent's hearing was held to determine the extent of his punishment. Matthew's family contends only the high school's principal and athletic director were present, not the Superintendent or the assistant principal who initially suspended Matthew. And despite a letter from Matthew's Scout Master explaining how a pocket knife is a common tool for scouts to have, the district suspended Matthew for another 15 days. The Whalens say they received no explanation as to why, and they claim there was no opportunity to ask.
"I want him to have fair treatment based on his character," says Matthew's father, Bryan Whalen. "It just totally baffles me that they would go after this when they have much bigger fish to fry."
The Whalens say during the Superintendent's hearing, officials admitted that Matthew cooperated fully, didn't have the pocket knife on him, had no intention of using it, and never threatened anyone with it. "They'd already made their decision," Whalen's father says.
In a statement to NEWS10, Superintendent George J. Goodwin says, "We do not comment on discipline related to an individual student. Our policies are clear that weapons are not permitted on school premises and subject to disciplinary consequences."
Legal expert Thomas Carr, of Tully Rinckey PLLC, says school districts are within their rights to impose and enforce safety policies, even if a pocket knife is not considered a weapon under New York State penal law. But he also says such school rules can quickly become so-called "gray areas" that leave the meaning of what's considered a weapon open ended.
"If this 17-year-old is driving his car to school," Carr says, "let's face it, the tire iron in the trunk to change the wheel is much more of a deadly weapon than a one-and-a-half inch blade knife."
Carr also says the Whalens might have grounds to pursue legal action against the district if Matthew felt he had no choice but to allow school officials to search his car.
At this point, the Whalens are not sure when or if they will sue the district. Instead, they want the district to reinstate Matthew immediately and remove this from his official student record.
"He needs to be doing the application for his admission to West Point right now," Bryan Whalen says. "They're delaying that, and that could be very costly for him."
Matthew says he wants to follow in the military footsteps of his father and grandfather. His grandfather, Robert Whalen, received two Purple Hearts for his service in the Vietnam War. Bryan Whalen served in Operation Iraqi Freedom and at Ground Zero, as his unit was on the scene by the evening of Sept. 11, 2001. He's also received the Soldier's Medal from the U.S. Army, and he pulled survivors from a burning helicopter that had crashed at the Stratton Air National Guard Base during an air show crash in 1991.
Matthew guesses a student must have told school officials, but he doesn't know who did it or why. His father thinks it might have been a prank to see Matthew get a little heat from administrators and that the intent was for it to never get this far.
"It's just plain wrong of what they've done," he says. "It isn't a weapon!"
But the family feels the district overreacted, if not for suspending Matthew in the first place, then for adding an additional 15 days to the original suspension.
"If they had told me, 'Take this out of your car,' I would have said alright, and it never would have been an issue," Matthew says. "I was upset with it, but I can understand that. They have the zero-tolerance rule."
The district provides a tutor for Matthew for 90 minutes every day; he's banned from stepping on school grounds for any reason whatsoever, including assignments and sporting events. Matthew says it's hard to cram more than six hours of work into his tutor time, and he says his work is not being graded until he returns to school. All he wants is to return to class.
"The rest of my life could be affected by this," he says.
Me and my buddies used to show up for school with shotguns, boxes of shells, and dead ducks and geese in the bed of the pickup truck.
We should have gotten in trouble for hunting before hours but then we had to get to school on time.
What reason did they have to approach him in the first place?
I'm not saying that an exceedingly sharp but small knife is not useable as a weapon, but locked in his vehicle does not make something that small readily available nor does it convey malicious intent, especially as part of a survival kit.
Crap. Even twenty years ago, every pickup at the high school here had at least one firearm in the rifle rack, whether it be a shotgun for hunting pheasant/grouse or a rifle in deer season. Never had a problem.
Now, out of sarcasm, (I have a concealed weapon permit), I carry a large pair of nail clippers (okay, and four knives and a multitool, minimum). Unfortunately, apparently the schools are using the TSA definition of weapon.
I recall getting on the plane with a 2 7/8" folder on my belt, okayed by the boarding agent back when, no biggie.
BTW, hopefully the good police chief and his officers will get a chance to apply a little “zero tolerance” to these azzh@ts. Nothing improper mind you, but if they break a law - ANY law - a little return zero tolerance may be in order. Speeding 2 mph over the limit? Reckless opp., search for drugs, take all the time needed to write the ticket. Talking on a cell phone while driving 1 foot past the edge of the school zone ? Maximum ticket. Zoning violations? Dog barking? Stepping one inch onto a neighbor’s yard without permission (the neighbor would have to help)? ANYTHING where police normally show discretion, don’t with these jerks.
What’s good for the goose and all that.
PS I’m NOT suggesting that you bring up the idea. That would be improper. I’m just hoping it happens.
I would sincerely hope that West Point doesn't deny his admission because of this. If they waiver, maybe letters from a number of townspeople (mayor, clergyman, police chief/sheriff, business leaders, etc.) could help over-come this miscarriage of justice. A letter of endorsement from the person in charge of where he went to boot camp would be good too. He had close contact with your godson, and would know his character. Would your Congressman write a letter of endorsement? That too would help.
I wish him the best of luck in his future. He sounds like a fine young man.
And I am also thinking that since they are obviously not teaching ANYTHING of value that everyone might as well answer the phone today, have the message machine full over the holiday, Tuesday... Wednesday....
Maybe someone could let Sarah Palin know what is going on.
Mind letting me know how those can be used as a lethal weapon? I haven't figured that one out yet...nor have some of my eminently more 'capable' friends.
My old grandpappy always used to say; choose your battles carefully. Sombody’s ass chose the wrong battle here.
Just a thought, but doesn’t everyone have a tire iron in their car? If given the choice of weapons in a fight, I think I’d go for the tire iron everytime over a pocket knife. Not to worry, the USMA will be happy and proud to have this young man as a cadet. They like the USNA truly understand what product they are in business to produce and what raw material is required to do the job. Just attach this article with your Congressman’s letter of recommendation and he will be standing tall at West Point this summer. Semper Fi
OMG!!! What a FARCE!! What a TRAVESTY! BUT....Matthew is the WINNER here....maybe not this moment, but in LIFE, HE IS THE WINNER!! God Bless him.
My take on this ... having already made clear his intent to apply to West Point, and completed Army basic training this past summer ... the liberal mindset that is so pervasive amongst educators is attempting to destroy this young mans career path. This is pathetic in the extreme.
And more helpful, this page has a link to an email address for the superintendent George Goodwin:
http://www.lansingburgh.org/alumni/index.php
BTW, while a tire iron is a good counter example, check into scissors. Does the school permit scissors on school grounds? A good pair of scissors is a FAR more dangerous weapon than a 1.5” pen knife. Frankly, a screwdriver, a good pen or even a long pencil is a more dangerous weapon than the pen knife. So is a car radio antenna. Heck, even a ruler (with a metal edge) is more dangerous. And how about sports equipment such as a baseball bat?
Definitely time to lawyer up. Their position is utter cr@p. (If you and they can’t afford one, see if the police chief has a lawyer friend who would do it pro-bono.)
This SHOULD be a “teachable moment.” We have got to repeal MANY so-called laws. Too many felonies, too many crimes on the books now. It’s an old argument “mens rea” and all that. Just as the government is too big in spending, there are too many laws. This case certainly defines one.
“According to the district’s Codes of Conduct, students are not allowed to have “a weapon of any kind” on school grounds.”
Which would you rather have at a fight? A 2” knife or a tire iron? I guess they’ll ban tire irons next.
Please contact the superintendent’s office, at (518) 233-6850 or email the superintendent’s office at: ggoodwin@lansingburgh.org
And why not ban shod feet? A whole lot of people die each year from getting their heads stomped.
- a pencil
- gravity
- a shoelace
- a belt
- bricks
- a car
All of those are illegal on the school grounds in this district?
Government schools are evil.
And that is not hyperbole.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.