Claudia Gryvatz Copquin
Award-winning journalist and author
NEWSDAY: Strip Searches are Never OK
05/01/2009
Newsday Op-ed
A parent speaks: School strip searches are never OK -- Newsday.com
BY CLAUDIA GRYVATZ COPQUIN
Claudia Gryvatz Copquin of Northport writes frequently for
Newsday.
Even well before we were worrying about swine flu, we'd
reached an era when children are discouraged from touching, hugging, holding
hands, kissing or engaging in any sort of physical contact on school grounds. So
it's ironic that the U. S. Supreme Court has to determine whether it's OK for
schools to conduct the most egregious invasion of personal space
imaginable.
This, after a 13-year-old middle-schooler in Arizona was
strip searched in 2003 by a school nurse and another employee, under orders of
an assistant principal.
They weren't looking for a hidden weapon. Nor
were they looking for illegal drugs like heroin, crystal meth or marijuana.
Instead, in blankly following their zero-tolerance drug policy, the school
administrators were searching for a stash of prescription ibuprofen - basically
the equivalent of two Advils.
And all the "evidence" the school had was
finger-pointing by another student.
The assistant principal had scoured
Savana Redding's backpack, but on finding no trace of illegal drugs there, in a
gross overreaction, he sent her to the nurse's office, where she was instructed
to remove her clothing down to her undergarments and then told to expose her
breasts and vaginal area. It's important to note that no drugs were found,
although that's beside the point.
It is legal for schools to search a
student's pocketbook, backpack, locker and even car, if there are reasonable
grounds for suspicion. And I fully support all schools, including those here on
Long Island, that actively work to make sure their campuses are drug-free and
safe for students.
But there must be limits.
While the practice
is legal, some schools in New York have been successfully sued in civil courts
for conducting strip searches on their students. Back in 2004, the parents of
four elementary school students at a public school in the Bronx filed a lawsuit
in Federal District Court in Manhattan, after an employee ordered the boys to
take off their clothes when a ring was reported missing by their teacher.
And in 1988, a State Supreme Court jury awarded $125,000 to a teenage
girl who was strip searched four years earlier at another Bronx school on
suspicion of hiding marijuana.
Savana Redding's mother, who wasn't even
called by the school until well after the incident occurred, sued her daughter's
school district on the grounds that the strip search was unreasonable and
unconstitutional, since it infringed on her child's Fourth Amendment rights to
privacy.
So now the Supreme Court, which heard arguments on the case
last week, is weighing the Fourth Amendment as it pertains to the privacy rights
of students, versus the rights of the schools to search and seizure practices,
so they can protect other students from potential harm.
Should the
Supreme Court find in favor of the schools - that for the greater welfare of the
campus population, they are entitled to conduct strip searches - I would hope
they'd also set up extremely specific criteria to justify them. I suggest some
real evidence, for starters.
Otherwise, what would stop mean girls,
school bullies or troublemakers from randomly accusing other students - exactly
what happened in Savana's case?
As the parent of a 14-year-old daughter,
I can't imagine any scenario in which drug-related strip searches are a good
idea. For once schools have the Supreme Court behind them, who's to say
overzealous school personnel at some point may not also feel a compulsion to
conduct cavity searches as well?
I generally stand by school policy. But
regardless of the decision the Supreme Court reaches, I categorically forbid my
daughter's school from ever conducting a strip search on her. I don't know if I
can do that legally, but I want it on the record. Knowing my daughter, I
seriously doubt this would ever be an issue, but I'm guessing Savana Redding's
mother would have thought the same thing. Instead, her honor student daughter
was humiliated by school authorities - an experience that caused her to stay
home traumatized for months thereafter, before she finally transferred to
another school.
If the idea behind the strip search was to keep students
safe from harm, this Arizona school failed miserably. Savana was harmed -
shamefully violated. And so will other students if the Supreme Court rules in
favor of this alarming practice.
Copyright © 2009, Newsday Inc.