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Court hears Ferguson case appeals By Chris Bristol SALEM � The Oregon Court of Appeals heard arguments Tuesday in the closely watched Keanon Ferguson case, but it could be weeks or even months before a decision is announced. Educators around the state are paying attention to the outcome of the case, which pits their authority against the rights of students. Ferguson, who was elected Phoenix High School student body president last year, was stripped of his title for bringing marijuana to school. The court expedited the case on appeal after a Jackson County judge reinstated Ferguson, ruling that school officials had no authority to punish him more severely than the standard five-day suspension for a first-time drug offense. Ferguson later survived a student-led recall effort. A three-judge panel quizzed attorneys on the law Tuesday, but their questions did not betray which way the court was leaning. The hearing is mainly a formality, with most of the argument based on pre-trial briefs. "It was confusing in there," remarked Phoenix-Talent schools Superintendent Dave Willard, who attended the hearing along with board Chairman Craig Prewitt. "You can�t judge where they�re going by the questions they ask." Jacob Tanzer, a Portland attorney and former appeals court judge hired by Ferguson�s father to argue the case, told the court Tuesday that state law limits school officials� disciplinary discretion. Tanzer argued the law requires "consistent and fair" enforcement of rules and that students must be made aware of the rules. He accused Phoenix school officials of "jumping over" the rules by treating Ferguson more severely for a first-time drug offense than other students. "The issue here is whether that discretion is limited," Tanzer argued. "They stepped over the line." Tanzer also disputed the validity of the Phoenix High student constitution, which appears to contain language that gives administrators broad disciplinary authority over elected student leaders. "It�s just a document that sounds nice, but it meant nothing to anybody until the school realized it couldn�t land on this kid under its own rules," Tanzer said. But the school district�s attorney, Tim Gerking, argued the student constitution was of secondary importance and that state law does not give students or their parents a right to sue unless a claim is made that the Oregon or U.S. constitution has been violated. "In order to sue, the claim can�t be based on statute," Gerking said, "and there has been no claim of a constitutional violation." Gerking agreed with Tanzer that state law requires consistent and fair enforcement of school rules. However, he argued the Ferguson punishment met the law. The court operates under no deadline for making a decision in the case. Expediting an appeal is rare, however. School officials asked for a quick hearing before Ferguson graduates this summer. "There�s no set timetable here, but I�m confident they will issue a ruling before June," Gerking said. Reach reporter Chris Bristol at 776-4487, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.