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Vernonia Sch. Dist. 47J v. Acton
63 U.S.L.W. 4653 (U.S. June 26, 1995) ; Clearinghouse Number: 50744
Description
Supreme Court Upholds School’s Policy Requiring Student Athletes to Submit to Random Drug Testing
Abstract
The Supreme Court has held that petitioner high school’s
policy requiring student athletes to submit to random urinalysis
for drug testing does not violate respondent student’s Fourth
and Fourteenth Amendment rights. Student was denied participation
in the school’s football program on the basis of his refusal
to consent to testing. The district court dismissed student’s
claims, but the Ninth Circuit reversed, and school appealed. The
Supreme Court found that public school students, and particularly
student athletes, have a lesser expectation of privacy than members
of the population generally. In addition, the Court found that the
privacy interests compromised by the urine testing policy at issue
here were negligible. Finally, the Court found the nature and
immediacy of the governmental concern at issue—deterring drug
use by the nation’s schoolchildren—to be significant.
Accordingly, the Court held that the school’s policy was
reasonable and hence constitutional. Dissenting, Justice
O’Connor, joined by Justice Stevens and Justice Souter,
argued that the school’s policy was not reasonable because it
was not clear that a suspicion-based scheme, rather than a search
of all student athletes, would have been ineffective.
