Katherine Lewis
|
Naples High School senior Nick Sofos and his family were claiming a small victory Wednesday after the 2nd District Court of Appeal denied an emergency request by the Collier County School District to intervene in whether Nick can stay at the school.
"It is definitely very good," said Adam Steinberg, the Miami-based attorney for the Sofos family. "Nick, Tony (Nick's father) and the rest of the family are happy to hear this, but it is still not over."
The incident isn't over because the district still has an appeal filed to overturn the judge's ruling to keep Nick in school following a mooning incident at Naples High in November.
"This does not dispose of the main part of the case," said Richard Withers, the attorney for the Collier County School Board. "Once the appeal is finished, it will go back to the trial court level. The issue, from the superintendent's perspective, is who should decide on the punishment of the student. Should it be a court or should it be the superintendent?"
Tony Sofos said not a day goes by that his son doesn't worry whether that day will be his last at Naples High.
"We realize it is not the final decision, although we are pleased with yesterday's court decision," he said. "We hope he graduates. The School District should realize he has already been punished."
Nick had been suspended for 10 days and sent to the Phoenix Program, a Collier County alternative school that typically serves students with behavioral problems, such as bringing weapons to school or fighting, after dropping his pants at a fashion show at the school.
He had been asked to co-host the Nov. 9 evening fundraiser for the school's drama club. He planned the mooning, wearing thong underwear to avoid showing anything but his buttocks.
Just before intermission, Nick feigned an accidental pants drop and turned his back on the crowd. After about 10 seconds of mock befuddlement, Nick pulled up his pants, apologized and exited the stage.
On Nov. 10, after the students had the day off from class for Veterans Day, he was ordered to leave the school's football game. On Monday, Nov. 13, Nick was sent to in-school suspension for the incident.
On Tuesday, Nov. 14, Nick and his father attended a meeting with Naples High School then-Principal Nancy Graham. Toward the end of the meeting, Tony Sofos said he was handed a letter informing him the meeting was an expulsion hearing.
District officials assert Nick's actions violated Rule 11 of the Collier County Code of Student Conduct, which states that "a student shall not use any method of communication, including electronic communication, that is obscene or profane, that causes personal humiliation or is likely to disrupt the school education, extracurricular or administrative process."
Violation of this rule can lead to suspension, according to the code of conduct.
After Nick was placed in the Phoenix Program, his parents sought an emergency injunction. On Friday, Dec. 1, Collier County Judge Vince Murphy granted the injunction and ordered the district to allow Nick to attend Naples High.
Attorney Bob Menzies, who is representing the district, said in January the local court had no legal basis or right to enter the injunction.
He said Tony Sofos waived his son's rights to attend Naples High when he signed the waiver to enroll his son in the Phoenix Program.
According to the School District's Web site, if a parent and student agree to the conditions of the Phoenix Program, the student will be enrolled. If they don't agree, the expulsion recommendation will be forwarded to the Collier County School Board.
Menzies said that Murphy, as part of his ruling, determined Nick couldn't waive his rights because he is a minor. He said it was Tony Sofos who made the ultimate decision, however.
The Collier County School District hasn't proceeded with an expulsion hearing against Nick, but Withers said Wednesday that the Collier County School Board intended to proceed with a hearing following a decision on the district's appeal.
Nick is facing no criminal charges from the incident. The Collier County Sheriff's Office investigated and found that Nick's account that he wore thong underwear so that his backside was exposed was correct. The Sheriff's Office found there was no frontal nudity.
Menzies couldn't be reached for comment Wednesday.
|
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use. |