WILLIAMSPORT – A federal judge has upheld the suspension of a high school football player and top state-ranked wrestler, imposed for violations of the Southern Columbia Area School District’s drug and alcohol policy for students.
A Nov. 30 ruling from U.S. District Court for the Middle District of Pennsylvania Judge Matthew W. Brann affirmed the district’s suspension to minor student T.W., being represented by his parents, Thomas Waltman and Karen Wojtowicz.
The suspension, remaining in place after Brann refused to grant an injunction lifting it, will likely keep T.W. removed from all school district athletic competition for the remainder of the season.
Brann also refused to grant an injunction to T.W.’s parents in September, one which if granted would have permitted their son to play for Southern Columbia’s high school football team, a winner of four straight state titles.
Though finding T.W., a 17 year-old senior and “A” student, showed irreparable harm in being excluded from athletic competition, Brann concluded that greater harm would be shown in the form of an injunction being granted and the school district being unable to enforce its policies.
“Being unable to participate in athletics for a year is a ‘temporally isolated opportunity’ and is, the Court agrees, precisely the type of injury that preliminary injunctive relief is intended to prevent,” Brann said.
“[However], the Court is satisfied that the risk of harm from enjoining the District’s ability to consistently enforce its disciplinary rules sufficiently outweighs the risk that T.W. faces as a result of his suspension. T.W. has not established a likelihood of success on the merits, and the balance of harms consequently weighs in favor of the District.”
T.W. was initially suspended for one year on Sept. 8, as a consequence of his third violation of Southern Columbia’s drug and alcohol policy for students – which does not require students to use drugs or alcohol, but merely be present while such use is occurring.
T.W. had been arrested on Nov. 8, 2019 on the West Chester University campus for drunken driving in his first violation, was present at an off-campus gathering where drinking was happening on Feb. 15, and finally, was in attendance at a party in Mount Carmel on Sept. 5 to which police responded. Though not drinking himself, he was cited.
Despite the plaintiffs arguing that the school district’s policy was unconstitutional, Brann found this was not the case.
“Neither T.W. nor his parents have established a likelihood of success on their constitutional claims. Moreover, the public has a strong interest in deterring underage drinking amongst students that would be harmed by enjoining T.W.’s suspension,” Brann stated.
U.S. District Court for the Middle District of Pennsylvania case 4:20-cv-01688
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com