THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, January 31, 1996 TAG: 9601310393
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 70 lines
Two girls who were strip-searched at Great Neck Junior High School in 1992 after being accused of stealing money have sued the School Board, then-Superintendent Sidney Faucette and the assistant principal who ordered the search.
The lawsuit accuses Flora Haynie, the former assistant principal, of violating the students' constitutional rights to due process and protection from unreasonable searches.
Faucette condemned the searches soon after they happened in April 1992, and the School Board fired Haynie five months later. But the lawsuit accuses the board and Faucette of leaving Haynie in a position of power despite a pattern of complaints against her.
The girls and their parents seek $1.6 million in compensatory damages against all defendants, plus $1 million in punitive damages against Haynie. The lawsuit was filed Monday in Norfolk's federal court.
Andrew M. Sacks, the students' attorney, said one girl underwent ``fairly extensive psychological counseling'' after the incident. She had a previous psychological problem that was exacerbated by the search, Sacks said.
Both girls' parents seek compensation for past and future medical bills as part of the lawsuit.
``These girls were subject to one of the most demeaning and intrusive violations of someone's personal privacy that I could think of,'' Sacks said.
``That's a form of abuse that we think is very serious.''
Haynie could not be reached for comment. An official at the superintendent's office said no one there has seen the lawsuit and they could not comment.
The incident happened April 27, 1992, when four 13-year-old girls, all in seventh grade, were accused of stealing $92 from another student's purse. Haynie ordered the four to lift up their shirts and drop their pants in front of a female teacher's assistant. No money was found.
All four are now in high school. Only two are parties to the lawsuit.
Soon after the searches, Faucette condemned the actions and Haynie was reprimanded. ``I don't expect this kind of thing to happen and I won't tolerate it,'' Faucette said at the time.
In September 1992, the School Board fired Haynie, citing ``an ongoing pattern of misjudgment'' that culminated in the searches. Haynie was scheduled to return as a teacher.
School Board policy allows searches without warrants ``when there are reasonable grounds for suspicion that the student has violated or is violating state laws, city codes or school rules.''
The policy allows searches of lockers, desks, storage facilities, purses, pockets, shoes, backpacks and book bags. But Wylie French, then-director of school leadership for the school system, said students should never be asked to remove or pull off clothing.
The lawsuit says Haynie lacked ``probable cause'' or ``reasonable grounds'' for the searches, which were ``excessively intrusive'' in light of the girls' ages, their gender and the crime alleged.
The lawsuit says Faucette and the School Board refused to discipline or supervise Haynie, despite numerous reports of misconduct. That ``had the effect of creating an impression and an atmosphere of permissiveness toward and tolerance of misconduct by Haynie, and had the effect of authorizing . . . the acts committed by Haynie,'' the lawsuit says.
A lawsuit represents only one side of a dispute. Haynie, Faucette and the School Board have three weeks from the day they receive the lawsuit to file their replies.
KEYWORDS: LAWSUITS GREAT NECK JUNIOR HIGH SCHOOL by CNB