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State supreme court denies Ferguson By DAMIAN MANN SALEM - The Oregon Supreme Court on Wednesday paved the way for Phoenix High School to unseat its student body president for bringing marijuana on campus last year. The Supreme Court denied a request to review an earlier Oregon Court of Appeals ruling that gave the district the authority to depose Keanon Ferguson. The court of appeals had reversed an earlier decision by Jackson County Circuit Judge Phil Arnold, who reinstated Ferguson's title and overturned the district's decision to remove it. The school maintained that it had the disciplinary power and discretion to strip 17-year-old Ferguson of his title for violating its strict drug policies. "We win," said school district attorney Tim Gerking. "We have the authority to do what we wanted to do at the outset." But exactly what the school will do with Ferguson at this point - near the end of the school year - is uncertain. "I don't know what the administration will do," said Gerking. "I don't think it's a foregone conclusion that Keanon will be removed from office." School officials also have previously stated they would not automatically remove Ferguson from office. District officials referred all questions regarding the matter to Gerking. In a related matter, the Oregon School Boards Association has advised 198 of its member districts to update student conduct and discipline policies by making them tougher. The OSBA cited the Ferguson case and another incident where a Powers girl lost her valedictorian title after showering with some boys on campus. Ferguson's attorney, Jake Tanzer, said he is disappointed the Supreme Court didn't accept the petition for review, but added that these petitions are rarely successful. His client has 21 days to decide to go back to the Supreme Court and ask it to reconsider reviewing the case. But Tanzer said these requests are very rarely granted. Tanzer said the Oregon Supreme Court is the last legal recourse for the Fergusons. The 17-year-old student body president was found last June with a quarter-ounce of marijuana and a glass pipe by a Phoenix police officer. More drug paraphernalia was found in his car. That summer, school administrators decided to remove Ferguson from office. His father, retired attorney Bill Ferguson, sued. Jackson County Circuit Judge Phil Arnold reinstated Ferguson in October, ruling that district officials couldn't treat him differently than other students and punish him beyond the standard five-day suspension for drugs. The district appealed, leading to the Oregon Court of Appeals ruling in February that school officials had the authority all along to remove him from office. A recall effort against Ferguson failed, with most students supporting the popular student. Reach reporter Damian Mann at 776-4476, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.