The Campbell Reporter

Education

School officials surprised by Westmont senior's lawsuit

By Emilie Crofton

Officials in the Campbell Union High School District were shocked when they arrived at work on Jan. 10 and discovered that a Westmont High School senior had filed a lawsuit against the district.

The Alliance Defense Fund, a conservative legal organization, filed a lawsuit on behalf of the Westmont High School senior, who has been identified only as "P.A."

The Arizona-based Christian Values Alliance Defense Fund, is a 13-year-old organization that has been involved in legal battles on religious issues.

The female student--described in the suit as a Christian who wants to share her religious and political views with classmates--accused the high school of prohibiting her from establishing an anti-abortion club. The suit claims that the school district violated her constitutional and statutory rights.

David Cortman, one of the lawyers representing the teenager, said her Live Action club was denied the rights, benefits and privileges received by other officially recognized student clubs at Westmont.

The Live Action club was permitted to meet on campus but was denied other club privileges, according to Cortman.

She was not allowed to call the club pro-life and use the public-address system and bulletin boards for advertising the club activities. She also was not permitted to hand out fliers, use the school's website and recruit new members for her club, the lawsuit states.

"This student is looking for the same access granted to any other student club," Cortman said. "The school already permits several controversial student clubs, yet they are banning the idea that unborn babies deserve to live."

The lawsuit startled both Westmont High School principal Owen Hege and CUHSD board member Matthew Dean.

"I'm very surprised," Hege said. "They made no effort to contact me."

Hege said the club had to go through the same process as any new club, which includes finding a teacher adviser and drawing up a constitution of its purpose and activities. The process involves a yearlong trial period, at which point the student body decides whether to formally approve the club.

"We did move a little slower, but it was because of the obviously sensitive nature of the club," Hege said. "We wanted to do the right thing."

The delay, Hege added, was to ensure the respect of all students and the lessons they learn in the classroom.

"In our health classes at Westmont students are taught about pro-choice and abstinence," Hege said. "We don't tell kids how to make decisions, but how to help them make choices."

Cortman argues that the school had ample time to change the club status.

"How much time and how many opportunities does the school need to apply to the law?" Cortman said. "The principal knew the plaintiff contacted our organization, but he still dismissed her."

Hege disagrees and reiterates that the school treated the club like any other new club working toward permanent status.

Dean said he was shocked that the Alliance Defense Fund would file the suit without contacting district board members.

"I personally have no objection whatsoever to the formation of this club. I don't see any reason why it wouldn't be approved," Dean said. "It's insane that it would ever get to this point without the board being contacted."

Dean said his comments do not reflect the opinion of the district, which has yet to discuss the issue.

Although Dean said clubs can "fractionalize" students, he said they should be allowed to create their own clubs as long as they don't affect the moral fiber of other students.

"If the clubs get students engaged in their education and help them gain personal relationships, it's a good thing," Dean said.