The expert testimony is that 90 percent of the time, you're not going to detect drug use. You're not dealing with adults who have a totally different set of rights. From the early to late 1980s, disciplinary referrals went from 40 or 50 per year to double that. See Von Raab, 489 U. First, drug testing by urinalysis is no less invasive and degrading for minors than it is for adults.
The precedent set was that schools are allowed to drug test students engaged in extracurricular activities. Wolfish, 1979 , displays no stronger a preference for individualized suspicion than we do today. This was not, of course, the decisive factor in the Court's ruling. That is an immediate crisis of greater proportions than existed in Skinner, where we upheld the Government's drug testing program based on findings of drug use by railroad employees nationwide, without proof that a problem existed on the particular railroads whose employees were subject to the test. Ruling The Supreme Court sided with the students.
Constitution and Article I, §9, of the Oregon Constitution. What is punishment in the one context is also punishment in the other. But in a small town such as Vernonia, where community life revolves around the schools and school sports, everyone will know when a student tests positive, because it will be obvious that the student, once on the team, no longer is. The court of appeals did not simply adopt the trial court's findings as its own. Deterring drug use by our Nation's schoolchildren is at least as important as enhancing efficient enforcement of the Nation's laws against the importation of drugs, which was the governmental concern in Von Raab, supra, at 668, or deterring drug use by engineers and trainmen, which was the governmental concern in Skinner, supra, at 628. Disciplinary actions had reached 'epidemic proportions. In Favor In the favoring side of this case, on the side of the Vernonia School District, attorney Timothy R.
We have upheld suspicionless searches and seizures to conduct drug testing of railroad personnel involved in train accidents, see Skinner, supra; to conduct random drug testing of federal customs officers who carry arms or are involved in drug interdiction, see Von Raab, supra; and to maintain automobile checkpoints looking for illegal immigrants and contraband, Martinez Fuerte, supra, and drunk drivers, , 496 U. In public facilities, individuals blend into the crowd; they are not singled out for observation. Only the superintendent, principals, vice-principals, and athletic directors have access to test results, and the results are not kept for more than one year. I realize the question of justification is there, too, but the features of intrusiveness which are crucial to you are the disclosures of knowledge which in effect can be gained either from your admission of, or your disclosure of other drug use and the testing of the chemicals. Deterring drug use by our Nation's schoolchildren is at least as important as enhancing efficient enforcement of the Nation's laws against the importation of drugs, which was the governmental concern in Von Raab, or deterring drug use by engineers and trainmen, which was the governmental concern in Skinner. Whether that relatively high degree of government concern is necessary in this case or not, we think it is met.
Under such conditions, the privacy interests compromised by the process of obtaining the urine sample are in our view negligible. The Policy states that a second offense results in automatic imposition of option 2 ; a third offense in suspension for the remainder of the current season and the next two athletic seasons. Students boasting about their use of drugs, whether true or false, was certainly relevant to the officials' assessment of whether a drug problem existed, and finally, the organization of groups with names like The Drug Cartel. Although the District asserts in its brief that test results will not be disclosed to law enforcement authorities, the written description of the policy does not contain the same assurance. I recognize that a suspicion-based scheme, even where reasonably effective in controlling in-school drug use, may not be as effective as a mass, suspicionless testing regime.
First and foremost is the usual fear of getting caught, which is possible, of course, without random drug testing. Although led by students, the prayers were still a school-sponsored activity, the Court said, and they were coercive because they placed students in the position of having to participate in a religious ceremony. Vernonia School District 47J v. But I find the Court's reliance on these cases ironic. Expert testimony at the trial confirmed the deleterious effects of drugs on motivation, memory, judgment, reaction, coordination, and performance. Each boy selected produces a sample at a urinal, remaining fully clothed with his back to the monitor, who stands approximately 12 to 15 feet behind the student.
Perhaps the most telling evidence on the extent of drugs in the sports program before the drug test is the evidence that only two students, both in high school, have flunked the test. Legitimate privacy expectations are even less with regard to student athletes. The District can't have it both ways. Wolfish, 1979 , displays no stronger a preference for individualized suspicion than we do today. It also requires students to disclose any prescription medications they may be taking. An officer approached the men and asked them to step in the store. If there is a reasonable belief of a serious and eminent threat of drug use in the schools, we believe that testing should be allowed.
Whether that relatively high degree of government concern is necessary in this case or not, we think it is met. The Court also held, however, that a warrantless car search was unreasonable unless supported by some level of individualized suspicion, namely, probable cause. And finally, the results of the tests are disclosed only to a limited class of school personnel who have a need to know; and they are not turned over to law enforcement authorities or used for any internal disciplinary function. Students began to speak out about their attraction to the drug culture, and to boast that there was nothing the school could do about it. But even though the government isn't required under the Constitution to protect children, all states assume this responsibility through child protection laws. I comprehend the Court's opinion as reserving the question whether the District, on no more than the showing made here, constitutionally could impose routine drug testing not only on those seeking to engage with others in team sports, but on all students required to attend school.
Monitors may though do not always watch the student while he produces the sample, and they listen for normal sounds of urination. Martinez Fuerte, , 556-557, n. Held: The Policy is constitutional under the Fourth and Fourteenth Amendments. Nevada Law Journal, 3 2 , 411—451. Those selected are notified and tested that same day, if possible. In the present case, moreover, the necessity for the State to act is magnified by the fact that this evil is being visited not just upon individuals at large, but upon children for whom it has undertaken a special responsibility of care and direction.
United States, , 213 1960 , including public school officials, New Jersey v. That's never been briefed, and I don't have a position on that. Taking into account all the factors we have considered above--the decreased expectation of privacy, the relative unobtrusiveness of the search, and the severity of the need met by the search--we conclude Vernonia's Policy is reasonable and hence constitutional. I find unpersuasive the Court's reliance, ante, at 656-657, on the widespread practice of physical examinations and vaccinations, which are both blanket searches of a sort. The District's sports program is, so to speak, the only game in town, a point the District concedes at page 3 of its brief. The Students' Interest In Privacy Outweighs The District's Interest In Testing.