LBUSD Board Challenges Decision To Expunge Student's Suspension

LAGUNA BEACH, CA — Though a Laguna Beach High School student won the right to have a suspension struck from their record after a racially charged incident in December of 2016, the Laguna Beach Unified School District is battling that ruling.

The male student (not identified by name) was one of five accused of harassing a fellow classmate from Laguna Beach High School over winter break 2016, jeering the boy's name and throwing watermelon at the house. This, in what that boy's parents Maurice Possley and wife Cathleen Falsani called an act of "hatred" due to the child's race.

All of the five responsible for the incident were caught on camera, interviewed by the district, and then were suspended for three days over creating a hostile educational environment. According to the Laguna Beach Unified School District in a recent release, the racially charged behavior continued after the suspended kids returned to school.

But a court ruling has commanded the LBUSD to strike that suspension from at least one child's record. The ruling states: "The court finds the District's statutory twist to be so unreasonable that any further discussion is unnecessary." This is what the district continues to stand firm against, seeking a new trial since Nov. 3.

In court, it was claimed that the fruit throwing and smashing incident was mere "Gallagher" style comedian antics, like smashing watermelon on a stage at a comedy club. The LBUSD feels that there is much evidence to the contrary of comical atmosphere, according to LBUSD Board President Jan Vickers. It was a far more serious offense, according to Vickers.

"The appeal seeks to reinforce the District's duty to protect the rights of students to a school experience free of harassment and intimidation, in addition to its ability to justify and even require temporarily removing from campus those who have impacted that right," LBUSD spokesperson Leisa Winston said in a recent statement.

“We understand that there is a tremendous amount of emotion regarding the incident, the decisions made after investigation of the incident, and the subsequent lawsuit,” Vickers said in a statement, “but the decisions of District staff and the Board, from the discipline decision after the investigation through and including the decision to appeal, have been driven by our commitment to our students and our community.”

The suspended student, a senior, feared that the ruling would harm his chances of getting into college. He did not, according to the Laguna Beach Independent, report that suspension as required on college applications.

As of November, Laguna Beach High School counselor Jeannie Brown said in court that the unnamed boy's record still carries a note of his 3-day suspension.

His parents sought legal action to have the suspension expunged, and not mar his chances at gaining entrance to college. The family's attorney stated that the student "will suffer irreparable harm" if the ruling not followed, according to the Santa Ana attorney Mark S. Rosen. "They are standing up for their kid," Rosen said.

The Independent noted that none of the other parents of disciplined students, all minors, have taken similar legal steps. One left the LBUSD district and another issued a public apology for the incident.

Orange County Superior Court Judge Ronald L. Bauer has compelled the district to adhere to the judgement but the district has other ideas and will appeal their right to protect their students by providing an environment free of harassment and intimidation.

A contempt motion hearing to further compel the Laguna Beach Unified School District to expunge the student's record is slated for Dec. 18.

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