“President Ortiz – I would like to explain my ‘no’ vote on this policy. I have struggled with this concept ever since the initial upheaval after the dance this fall at Free State. I don’t condone underage drinking nor do I believe that students should get a free ride because ‘kids have always been drinking at parties.’ I shudder at the thought that a driver of any age should be on our roads causing possible injury or death to themselves or others.

“What I do not approve of is mandatory universal Breathalyzer testing of our students. I believe that the first part of the policy which allows administrators and other staff to require a Breathalyzer test if a student exhibits signs that he/she may have been drinking either at or before the dance. This reasonable suspicion in mentioned in the court case which we wish to make part of the policy. I believe that if a staff person has this reasonable suspicion that a policy has been broken, then this search (a Breathalyzer test) should be required. I do not believe that there is a reasonable suspicion that all high school students coming to a party have broken a rule. To test all is based on the past experience of former parties. By testimony, the second dance of the year did not have demonstrated drunken behavior by students. We also had greater supervision by staff and parents. I believe this method is far superior to the mandatory testing as outlined in this policy.

“I am not talking about probable cause, but about reasonable suspicion as defined in the court case. To quote the opinion of the court, ‘it is the sort of common-sense conclusion, based on sufficient probability, about human behavior upon which practical people are entitled to rely.’ I am not at the point where I can conclude, based on sufficient probability, that all of our high school students are breaking our non-drinking policy. In fact, I believe that most are not. To subject all students to the invasion of their privacy in this way is something I cannot vote for when there is another method – that of requiring those students who exhibit signs of breaking the policy to take a Breathalyzer test. I think our rules and punishments that apply to drugs and alcohol at other school activities should then apply. If we want to strengthen these penalties, I would be happy to consider those changes.

“For these reasons, Mr. President, I must vote ‘no’ on the policy.”

Craig Grant