Kid Suspended for Creatine/Nitrix?

WTF- but he could eat all the twinkies he'd like....

Parents dispute vitamin suspension at Boiling Springs

By Joseph Cress, Sentinel Reporter, January 9, 2008

Andrew Figueiredo thought he was just taking a vitamin and a dietary supplement, but South Middleton School District administrators say he was taking medication without authorization and suspended him.

Now the father of the Boiling Springs High School senior is demanding a public apology, saying this is a case of “Zero tolerance equals zero common sense.”

Citing confidentiality, neither Superintendent Patricia Sanker nor school board President Pam Martin would discuss a student disciplinary issue during a public meeting Monday.

In a phone interview, Joseph Figueiredo said the 10-day out-of-school suspension came out of an Aug. 30 incident in which his son was seen taking a vitamin and dietary supplement over lunch. A soccer player, he was also suspended for half the season.

His son was pulled from class and sent to principal Joe Mancuso’s office, where Andrew admitted to taking both, Figueiredo said.

“He told them the truth. He did not believe he was doing anything wrong. He was taking it with our knowledge and permission,” Figueiredo said.

Figueiredo would not allow The Sentinel to interview his son, saying Andrew fears retaliation by school administrators.

During the interview, Figueiredo could not recall the precise brand name or active ingredients, but he said his son takes vitamins and dietary supplements to build up strength and endurance.

A drug screen consent form Andrew Figueiredo completed and signed the next day lists as “current medications” GNC Megaman Sport, BSN Nitrix, BSN Axis-HT and creatine.

“His belief and ours is it was not something Andrew needed to report to the school, because it was not a drug or medication,” Figueiredo said. “My son is in a program of weight-lifting and keeping himself physically fit for playing soccer year-round.”

A goalkeeper, Andrew Figueiredo was a starting player on the varsity soccer team all four years and was a team captain this year.

Figueiredo said his son offered to have a drug test, but the request was turned down.

“I asked Mancuso, ‘Can you temper justice with a little mercy?’,” the father said, but Mancuso told him the penalty was district policy and he had no discretion to change it.

Mancuso deferred comment to Sanker, who only said she plans to take up the issue with solicitor Philip Spare.

The next day, Aug. 31, Andrew had blood drawn at Holy Spirit Hospital for testing and the father met with Mancuso a second time.

Figueiredo said the student handbook said a preliminary hearing on an alleged drug policy violation is required after the conclusion of an investigation and after drug tests are complete.

Based on this, the father asked that his son be reinstated to school immediately, pending receipt of the drug tests, but Mancuso advised the father the 10-day suspension was mandatory and would stand. Sanker affirmed the decision.

On Sept. 1, Joseph and Patricia Figueiredo received a letter from the district saying Andrew was suspended for violating district policy on the use of medications.

Both the couple and their attorney, Dennis Shatto of Harrisburg, say this was the first time the family had been advised Andrew had violated the medication policy. All previous talks with district officials involved an alleged violation of the drug policy.

The father said that during a Sept. 1 hearing, he asked again that his son be reinstated but made to go in front of the student body to explain what happened. His request was denied.

Figueiredo said Sanker had set aside two bottles during the hearing, satisfied that they contained vitamins, but she took issue with a bottle containing the dietary supplement.

The father said Sanker consulted with a pharmacist who told her one of the key ingredients is a steroid.

Results negative

On Monday night, Joseph Figueiredo gave The Sentinel a packet of information that included a lab report from Quest Diagnostics of Las Vegas showing Andrew Figueiredo tested negative for steroids.

The same packet included an outpatient urine drug screen done by the toxicology department of Holy Spirit Hospital that shows Andrew tested negative for other banned substances.

The family contends both the vitamins and dietary supplements are available to anyone going to a GNC store and that neither should be considered a drug, medication or look-alike substance under district policy.

In his letter, Shatto said Sanker continued the Sept. 1 hearing to Sept. 11, when she indicated she was satisfied the substances were not steroids. However, she was unwilling to wait for the drug test results and the penalty remained in force.

Not medications?

The couple hired Shatto after receiving a second letter Sept. 13 affirming the district policy Andrew had violated the medication policy.

Shatto argues Andrew Figueiredo did not violate the medication policy, because the vitamins and dietary supplements are not medication and would not be prescribed by a physician as required under the policy.

Shatto said the family believes a public apology is warranted because “there will always be some doubt in the mind of others, which is not an acceptable outcome.” The family also wants the school board to expunge Andrew’s disciplinary record.

At a meeting Monday, the parents presented each board member with a copy of the letter Shatto sent to Sanker and Spare in early October. They are angry it apparently was never shared with board members as they requested.

Board president Martin declined to comment even though the parents presented a signed waiver from Andrew Figueiredo surrendering his right to confidentiality and giving his permission for the case to be discussed in public.

Martin said the contents of the letter may be discussed in an executive session, but Figueiredo said Tuesday he and his wife were not invited to attend a closed-door discussion.

Depending on the outcome, the parents may consider discussing other options with their attorney, including a possible lawsuit.

WOW!!! all i have to say.....

what state was this in??

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Looks to be Pennsylvania The Sentinel Online : Archives : News

Thats a bunch of bull!!

that has to be a joke?

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Back with IBE...

Nobody @ All Boards

insane...my best guess is that someone had it in for him, it seems impossible that this would happen to a student at random...if so, time to get out the stink bombs for the hallways, super-glue in door keyholes, and cherrybomb the toliets back to the stone age! yeah im mature about this stuff