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Student Handbook Case Gets Ruling
By Administrator   
Monday, November 29, 1999 07:00 PM
All references to an out-of-school incident involving a student discipline issue were "expunged" from the student's educational record at the Duxbury School Committee meeting last Wednesday. The references were dropped due to a lack of clarity in the Duxbury student handbook. All references to an out-of-school incident involving a student discipline issue were "expunged" from the student's educational record at the Duxbury School Committee meeting last Wednesday. The references were dropped due to a lack of clarity in the Duxbury student handbook.

"Due to the fact that the Duxbury handbook is not clear in the status of the MIAA rule, I have decided to remove all references of the events from December 29, 2005 from the educational records," committee chairman George Cipoletti read from a statement issued by Superintendent Eileen Williams.

The school committee voted unanimously to have the references removed, but only after discussion in regards to the language of the motion. School committee member Anne Ward and Vice Chairwoman Karen Wong were unclear if "expunge" was a proper word to use.

Since the legal meaning of expunge is to destroy, Wong and Ward wanted to make sure there would be no legal ramifications in case the motion was read the wrong way.

"I'm not a lawyer and I want to know what I'm saying yes or no to," Wong said.

Ward made a motion to have the language changed, Wong seconded it. The motion was voted down, with the only two positive votes coming from Wong and Ward.

The school's attorney, Bob Fraser, mentioned that the language would suffice as written and that the school was safe from any legal actions. The record of the event will be kept separately in the superintendent's office, but will not show up on student's educational record.

"If the committee is clear on what it means then you have a record on what that term means," Fraser said. "The [student's] record will not be destroyed, it will be eliminated from his permanent record."

"I was pleased the school committee chose to endorse my decision of Jan. 27. I believe it is a fair resolution that the record of the student's infraction be kept in my office. I hope as was stated by Chairman Cipoletti that we will be able to provide further clarification of our discipline code for next year's handbooks," Williams said.

The student's name was not mentioned directly during the meeting. Efforts to reach the attorney Deborah Bornheimer by press time were unsuccessful.

In light of the incident, several committees are reviewing Duxbury's five handbooks, which include a handbook for each of the district's four schools as well as an athletic handbook to clarify any existing ambiguities the books present.