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Decision No. 15,478

Appeal of P.D., on behalf of his daughters K.D. and K.D., from action of the Board of Education of the Kendall Central School District regarding an athletic suspension.


Decision No. 15,478


(October 20, 2006)


Matthew R. Fletcher, Esq., attorney for respondent�


MILLS, Commissioner.--Petitioner appeals the decision of the Board of Education of the Kendall Central School District ("respondent") to impose an athletic suspension on his two daughters. �The appeal must be dismissed.

On the evening of September 10, 2005, petitioner's two daughters attended a party at a private residence at which alcohol (beer) was consumed.� At approximately 9:00 p.m., the father of the student host discovered the beer and ended the party. ��

According to respondent, on October 14, 2005, the Kendall High School ("high school") principal received a call from a parent expressing concern about under-age drinking by student athletes at the party.� As a result, the high school principal and vice-principal interviewed student athletes who were allegedly at the party.� Respondent concluded that 16 of its athletes, including petitioner's daughters, attended the party.

After completing the interviews, the high school principal, vice-principal and athletic director (collectively "school personnel") met with each of the student athletes who attended the party and their parents.�

On October 20, 2005, petitioner met with school personnel and learned that the principal would be taking action to deem his daughters ineligible for interscholastic athletics until they attended an alcohol and drug awareness program.

On October 21, 2005, petitioner appealed the principal's decision to respondent's superintendent, who denied the appeal.� On October 25, 2005, petitioner appealed to respondent, which likewise denied his request.� Petitioner's daughters attended an alcohol and drug awareness program and missed one soccer match.� This appeal ensued.

Petitioner alleges that his daughters did not possess and/or consume alcohol at the party.� Petitioner argues that his daughters were unfairly disciplined and requests that I exonerate them and order that any and all records of this incident be expunged.�

Respondent claims that its actions were reasonable and justified, and asserts that its determination that petitioner's daughters possessed alcohol at the party was based on credible and substantial evidence.� Respondent also maintains that the appeal is moot.

The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest (Appeal of B.K. and R.K., 44 Ed Dept Rep 195, Decision No. 15,146; Appeal of V.L., 44 id. 160, Decision No. 15,132; Appeal of Garvin, 44 id. 30, Decision No. 15,087). �Petitioner's daughters have already met the requirements of their athletic suspensions and no entries were made in their permanent records as a result of the incident.� In addition, any progressive measures in respondent's code of conduct only relate to infractions during an academic year.� As the 2005-2006 school year has ended, and no permanent records of the athletic suspensions remain, the appeal must be dismissed as moot.

In light of this disposition, I need not address the parties remaining contentions.