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School Says Student Was Drunk, But Doctor Disagrees

Thursday, May 11, 2006 – updated: 7:03 am EDT May 12, 2006

A Seminole County principal said a boy was drunk at a school dance, but his parents, a doctor, and a police officer all said he wasn't. However, until Thursday, he was still at home serving a suspension.

The eighth grade student at Lawton Chiles Middle School in Seminole County got violently ill at the dance last Friday. On Monday, his principal suspended him because he suspected the 14-year-old was drunk.

The school district would not talk about the specifics of the case, but said that a principal only has to have reasonable suspicion to suspend a student.

The boy's mom said that's not enough for her, especially when her son's doctor said otherwise.

"I just want to get back to school so I can finish my work so I can pass," 14-year-old Joey Muller said.

He has spent two and a half days working at his kitchen table instead of Lawton Chiles Middle School. His mom said he's learning the wrong lesson about fairness.

"I just feel you shouldn't point a finger without actual evidence," said Michelle Hernandez, the boy’s mother.

It all started Friday night at the eighth grade dance. Joey was driven there by a friend's parents and he felt fine at first.

"I went inside, was talking with friends, went and got some punch and food," he said.

But half an hour later while dancing, Joey felt violently ill. Friends had to help him to the bathroom.

"My stomach was just turning the whole time and I felt like I had to throw up," he said.

School administrators and the resource officer called his mom to pick him up. He went to the doctor that night, but Monday morning the school principal called him in and suspended him for being drunk.

Off camera, the resource officer said Joey did have trouble balancing and seemed like he could be intoxicated, but he did not see or smell any alcohol. The doctor wrote a note saying there was no evidence to justify the suspension from school.

"I just don't feel it's fair to suspend a child without actual evidence that they know for sure that's why he was sick," Hernandez said.

The school district said, under state and federal policies, evidence isn't necessarily needed.

"It's the sole prerogative of the principal and that's based on the professional training and educational experience that they make wise decisions," said Regina Klaers, Seminole County School District.

But the principal did shorten the suspension from ten days to five when Joey's mom complained he'd miss his final exams. Then, after Channel 9 started asking questions, suddenly the suspension was lifted. His mom brought him right to school on Thursday.

There were rumors going around that the punch may have been spiked with alcohol or Visine. The officer said he found no evidence of that.

About ten other children later told the officer they felt ill after the dance, but none of them were vomiting or sent home.

The district wouldn't say why Joey's suspension was suddenly dropped Thursday. His mom's just glad he's back at school.

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