Oregon Supreme Court Denies Appeal for Student Caught with Marijuana

By AP Staff

The Oregon Supreme Court paved the way for Phoenix High School to unseat its student body president after the student brought marijuana on campus last year.

The Supreme Court denied a request to review an Oregon Court of Appeals ruling that gave the district the authority to depose Keanon Ferguson.

The court of appeals had reversed a decision by Jackson County Circuit Judge Phil Arnold, who reinstated Ferguson's title, ruling that district officials couldn't treat him differently than other students and punish him beyond the standard five-day suspension for drugs.

The school maintained that it had the disciplinary power to strip Ferguson, 17, of his title for violating drug policies.

"We win," said Tim Gerking, the school district's lawyer. "We have the authority to do what we wanted to do at the outset."

But what the school will do this close to the end of the school year is uncertain.

"I don't think it's a foregone conclusion that Keanon will be removed from office," Gerking said.

School officials also have previously stated they would not automatically remove Ferguson from office.

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 the case. But Tanzer said these requests are rarely granted.

Ferguson 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. A student recall effort against Ferguson failed.

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