Because of Internet formatting constraints, the following brief is not exactly the same as the correct form shown in the print manual. (Double Spacing is required for some elements, page breaks and indents are not always accurate on this web page sample) Consult the Brief Writing Guidelines for details or see your delegation advisor for a print copy. The following sample is that of an appellant's brief, but the same general format is used for a respondent's brief.
Rebecca W. Doe,
Plaintiff and Appellant,
v.
Board of Trustees, Copper County School District Number One,
Defendant and Respondent.
APPEARANCES:
Susanna C. McGillicuddy
123 Anystreet
Coppertown, MT 59000
Whitney J. Macintosh
456 Main St.
Coppertown, MT 59000
ATTORNEYS FOR PLAINTIFF AND APPELLANT
| TABLE OF AUTHORITIES
STATEMENT OF THE ISSUES STATEMENT OF THE FACTS ARGUMENT
CONCLUSION |
1 2 2 4
4 4
5 5 6 7 |
| New Jersey v. TLO, 469 U.S. 325, 105 S. Ct. 733, L. Ed. 2d 720 (1985) | 6 |
| Veronia School District 47J v. Acton, 515 US 646, 115 S.Ct. 2386, 132 L. Ed. 2d 564 (1995) | 4 |
| Chandler v. Miller, ___US___, 117 S.Ct 1295, 137 L. Ed 2d 513 (1997) | 5 |
| Fourth Amendment to the United States Constitution | 5 |
| Article II, Section 4, Montana Constitution | 5 |
| Art. II, § 10, Montana Constitution | 6 |
| Art. II, § 11, Montana Constitution | 6 |
| Montana Code Annotated, § 39-2-205 (1997) | 3,4 |
| Montana Code Annotated, § 20-5-103 (1997) | 4 |
In August 1996, The Board of Trustees of Copper County School District Number One instituted the Student Leadership Drug Testing Policy (SLTP), authorizing random urinalysis drug testing of all student leaders. The policy defined "student leader" as any student who was an elected or appointed officer or captain of any club, sports team, or other activity sponsored by the school. The Board expressed its belief that student leaders should stand as a shining example to all other students as demonstrably drug-free. Testimony in public hearings indicated that Copper County had the lowest number of drug-related offenses in the State of Montana over the last five years for which statistics were available, and the board felt that, because most student leaders were probably drug-free, no one could possibly object to a drug test to prove it.
Rebecca Doe, a Senior at Copper County High School, a student with a 4.0 GPA, active in Speech and Debate, Rainbow Girls, Montana Teen Institute (MTI), Key Club, and 4-H, was elected to the Student Council in September 1996. During the first meeting of the Student Council, the Principal drew names at random and asked the students chosen to submit to drug testing in
accordance with the new policy. Rebecca's name was drawn, and, based upon her conviction that random drug testing was an unconstitutional violation of her rights as well as a personal insult given her strong religious convictions, refused to take the test.
The Principal, Mr. Fairly Orderly, informed Rebecca that she was in violation of the SLTP and would have to resign from the Student Council if she did not take the test. Rebecca politely
asked if she was suspected of drug use. Mr. Orderly replied that she was not, reminding her that it was a random test. Rebecca suggested that the new policy was misguided and that there was no logical reason to make people take a drug test unless there was suspicion of drug use. Mr. Orderly replied that, although he had personally opposed the policy at the School Board meeting, he nonetheless needed to enforce it, and removed Rebecca from the Student Council.
Rebecca and her parents appealed this decision to the school district superintendent and then to the school board, all of whom upheld the policy, claiming that a student's school career was similar to a job in real life, and extracurricular activities were voluntary, just like the choosing of a specific job was voluntary.
The Doe family then appealed to the District Court. Counsel for Rebecca Doe argued that school activities were not a job, and drug testing as a "condition of employment" could not be applied to student extracurricular activities. Also, Rebecca was elected to her office, thus her situation was more like that of a political candidate rather than an employee, thus there was no special need for the school board to institute the policy. Furthermore, in Rebecca's case, there was no prior suspicion of wrongdoing, plus the policy violated Rebecca's right of privacy and her expectation of protection from searches without probable cause under the Montana Constitution.
The District Court held that § 39-2-205, MCA allowed the School Board to extend the Montana Employment Drug and Alcohol Testing Act to include student leaders. The Court further held that Article II, section 15 of the Montana Constitution allowed for statutes to be passed which restricted the rights of minors to a greater degree than those of adults.
This appeal followed.
I. THE DISTRICT COURT ERRED IN HOLDING THAT MONT. CODE ANN. § 39-2-205 APPLIES TO DOE'S REFUSAL TO SUBMIT TO DRUG TESTING.
A. Students are not employees
Under § 20-5-103, MCA, students are required to attend school. Unlike an employment situation, where employees who do not show up are simply fired, students face penalties. Therefore, school is not a voluntary activity that a person may choose. An employee who chooses not to take a random drug test has the option of quitting their job. A student does not have a similar option to quit school. Although extracurricular activities are voluntary, they are an integral part of the school experience and often an important factor considered in college applications.
B. School Leaders are not necessarily athletes
In Veronia School District 47J v. Acton, 515 US 646, 115 S.Ct. 2386, 132 L. Ed. 2d 564 (1995), the US Supreme Court upheld the constitutionality of suspicionless drug testing of athletes in the public schools. The Court reasoned that the Veronia School district faced an "immediate crisis" and the risk of immediate physical harm to the drug user or to those with whom he competed in athletics was particularly high. Veronia, 115 S. Ct. at 2393.
However, not all student leaders are athletes, and the Court's reasoning is inapplicable to this case. Some of the elements upheld in Veronia are unique to athletes and not applicable to other student activities: Most student leadership activities do not carry the risk of physical injury characteristic of athletic events. Student leaders generally do not perceive enhanced performance from using illegal drugs. Furthermore, Veronia addressed situations where there was a demonstrated problem of drug use. Creating a school drug testing policy for a student group with little evidence of an existing drug problem is not legally justifiable.
C. Student Council Members hold an elected office
In Chandler v. Miller , ___US___, 117 S.Ct 1295, 137 L. Ed 2d 513 (1997), the United
States Supreme Court held that a Georgia statute requiring political candidates to certify that they had passed a urinalysis drug test was unconstitutional. The Court held that the Georgia requirement did not fit within the closely guarded catagory of constitutionally permissable suspicionless searches. It was noted that the statute had not been enacted in response to any fear or suspicion of drug use by state officials. The Court further noted that the Fourth Amendment to the United States Constitution disallows privacy to be diminished by the state merely for symbolic reasons.
Similarly, the students chosen to serve on a Student Council are elected officials within their school. The School Board stated for the record that they believed most student leaders were probably drug-free, thus admitting that they themselves had no reasonable suspicion of drug use among the population in question. Therefore, applying Chandler, Rebecca Doe cannot be required to take a drug test as a condition of holding office.
II. THE DISTRICT COURT ERRED IN HOLDING THAT THE STUDENT LEADERSHIP DRUG TESTING POLICY (SLTP) ADOPTED BY THE COPPER COUNTY SCHOOL DISTRICT WAS NOT IN VIOLATION OF THE MONTANA CONSTITUTION ART. II, § 4, 10 AND 11.
A. The Student Leadership Drug Testing Policy violated the Plaintiff's Individual Dignity
Article II, section 4 of the Montana Constitution reads as follows:
The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against and person in the exercise of his civil or political rights on account of race, color, sex culture, social origin or condition, or political or religious ideas.
In the case of Rebecca Doe, her individual dignity and status as a leader of drug-free youth was violated first by being asked in front of the entire student council to submit to a drug test.
Furthermore, by refusing to submit to a suspicionless drug test, she was upholding her political and religious values: that random drug testing was an unconstitutional violation of her rights; and unnecessary in light of her strong religious convictions. The school district violated her right to equal protection of the laws by passing a policy that applied only to student leaders, defined loosely, and which excluded athletes in general (where case law supports some testing) as well as the student body as a whole.
B. The Student Leadership Drug Testing Policy violated the Plaintiff's Right of Privacy
Article II, section 10 of the Montana Constitution explicitly provides that the right of individual privacy shall not be infringed without the showing of a compelling state interest. In the case of the SLTP, there is no demonstrated compelling state interest. The school board misapplied drug testing laws apparently in order to simply boast that the student leaders at Copper County High School were certifiably drug-free. In Rebecca Doe's case, by being asked in front of the entire student council to submit to a drug test, she also endured public humiliation and an unwarranted intrusion on her privacy.
C. The SLTP violated the Plaintiff's protection from searches without probable cause
The SLTP adopted by the Copper County School District is unconstitutional under both the Fourth Amendment of the United States Constitution and under Art. 2 §11 of the Montana Constitution. In New Jersey v. TLO, 469 U.S. 325, 105 S. Ct. 733, L. Ed. 2d 720 (1985), the U. S. Supreme Court held that school officials need not have probable cause to conduct a search, but do need to have "...a reasonable suspicion that a crime has been or is in the process of being committed, or reasonable cause to believe that the search is necessary to maintain school discipline of enforce school policies." TLO, 469 at 340. In the case of Rebecca Doe, not only was her
personal character such that no reasonable suspicion existed, but there also was no evidence of a concrete danger among the community as a whole. The school board itself heard testimony to the effect that Copper County had one of lowest number of drug-related offenses in the State of Montana over the last five years for which statistics were available.
As previously noted, the School Board stated for the record that they believed most student leaders were probably drug-free, thus admitting that they themselves had no reasonable suspicion of drug use among the population in question. Therefore, a drug testing policy for the student leaders of Copper County High School is not justifiable.
For the foregoing reasons, the decision of the District Court should be reversed.
Respectfully submitted this 14th day of December, 1997.
___(signature here)____________________
Susanna C. McGillicuddy
McGillicuddy and Macintosh,
Attorneys at Law
Coppertown, MT
___(signature here)____________________
Whitney J. Macintosh
McGillicuddy and Macintosh,
Attorneys at Law
Coppertown, MT