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School Board plans to re-oust Ferguson Action depends on appeals court By TONY BOOM PHOENIX � High school student body President Keanon Ferguson will be removed from office if an appeal doesn�t reverse a lower court�s ruling. Phoenix-Talent district Superintendent Dave Willard and high school Principal Bruce Rhodes announced the decision Monday. "We felt it fair to let people know this is what our decision is when the time comes," said Willard. Ferguson was removed from office last summer after he was caught on campus with marijuana. A Jackson County judge ruled in October that the district did not have that authority, but the Oregon Court of Appeals overruled that decision last month. Ferguson�s family has filed a petition of review of the latter decision with the Oregon Supreme Court. In addition, Ferguson survived a recall vote held by students. Willard said he is "quite sure" the appeal of the latest ruling won�t succeed. "We can�t remove him in the meantime, so he�s still the president," said Willard. Keanon Ferguson�s father, Bill Ferguson, a semi-retired attorney, said he was not surprised by the district�s latest action. "I guess that�s what we always thought they would do," said Bill Ferguson. "I don�t think they ever thought they�d be bound by the recall election." Through Portland attorney Jacob Tanzer, the Fergusons filed the petition of review with the Oregon Supreme Court. The petition puts the appeals court ruling on hold temporarily. "The (appeals court) decision was badly reasoned," said Bill Ferguson. "The school constitution gives the students the right to appoint the leaders, not the school board." The school district opted not to apply its rules but to do what it wanted, said Ferguson. "We think Oregon is more protective of individual rights than the court of appeals indicated," said Ferguson. Phoenix High students and staff were unaware of the district�s decision Monday. A high school office worker said she heard about it on a radio broadcast. "A copy of the press release is being given to the �Pirate Scroll� school newspaper as a member of the press," said Willard. "I�m sure the word will spread." Student reaction to the news varied. "We are tired of it. They keep dragging it on. They already voted him back in," said junior Adam Whitlock. "The school board shouldn�t have any say." "Remove him," said senior Matt Haskins. "It�s a better representation of our school. I like him, but he can�t represent our school being a stoner." Senior Jesse Clark said Ferguson had shown good leadership in activities organization, fund raising and by being there for students. "I feel he should stay. He does good things for the school," said Clark. "I think he�s an all-around good guy. He made a mistake. Everyone makes mistakes." Ferguson was suspended from school for five days in accordance with district policy. He also was cited to appear in juvenile court, attended drug-counseling classes and was required to submit to random drug tests. Jackson County Judge Phil Arnold reinstated Ferguson Oct. 6 after Bill Ferguson sued the school board. Arnold ruled the board did not have authority to punish Ferguson more than the standard suspension. The school board appealed that ruling. The recall election was held Oct. 26. School officials declined to reveal the actual margin by which Ferguson was retained. On Feb., 14 the appeals court ruled school officials did have the authority to remove Ferguson as student body president. The district press release states, "The decision to remove him last August was the right thing to do. His choices were unacceptable and the natural consequence was to lose the position to which he had been entrusted. The passage of time and the circumstances we now find ourselves in do not change the original decision." Reach Ashland bureau reporter Tony Boom at 482-4651, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.