Santa Fe public schools sued over prom searches

Posted at: 05/17/2011 7:57 PM | Updated at: 05/17/2011 9:02 PM
By: Gadi Schwartz, KOB Eyewitness News 4

Two sisters are taking the Santa Fe school district to federal court over the way they were patted down and searched on their way prom.

One senior tells Eyewitness News 4 the pat down was so invasive she felt like she was being molested.

Capital High School senior Candice Herrera says while waiting in line to enter the prom she watched other students patted down by private security guards while faculty checked bags and purses for contraband.

When Herrera was up to be searched she says the female security guard made her extremely uncomfortable.

"She grabbed my breast and grabbed the inner part of my bra and shook it and then picked up the front of my dress to like mid thigh." Herrera said. "She was patting down my bare legs which kind of didn't make sense."

Herrera says she saw similar pat downs happen to other students as they entered the prom. "

I felt really awkward, I felt like I was being molested in some sort of way," Herrera explained. "It's not right to be touched in that many ways." T

he class action lawsuit filed in federal court on Tuesday also alleges that school administrators confiscated nail clippers, a small bottle of lotion and prescription pills from the sisters as they passed through security.

According to the lawsuit, neither Herrera or her younger sister had ever been in trouble at school and the younger sister, who is a minor, is ranked first in her class with a perfect G.P.A.

In an interview with KOB, the principal of Capitol High School, Melanie Romero said she had trouble understanding the allegations because she was there the night of the prom supervising the area where security was searching students.

Romero said they did confiscate items and pat both male and female students down for contraband and described the searches as similar to those at airport security.

But Romero says she didn't remember seeing any guard cup a students breast and explained that in accordance with district protocol, the searches were done with the back of a closed hand in the shape of a blade and only some female students are asked to move the under wire of their bras or dresses to see if contraband is tucked inside.

"I was right there with every female student, no one came to me to say 'Mrs. Romero did you just see what happened or Mrs. Romero I really feel uncomfortable'," said Romero.

Herrera insists that was not her experience. "Definitely not what happened to me," Herrera responded when asked about how she was searched. "I have been through other searches before and I know that they are only supposed to use the outside of the hand and this woman used the cup of her hand and checked me in that way."

Herrera and her sister are seeking a temporary restraining order against similar screenings at school functions saying that their constitutional right to be free of unreasonable search and seizures was violated.

The lawsuit also alleges that the district violated its own policy that allows for searches only when there is a reasonable suspicion that the student may be violating the law or school rules.

The district maintains that blanket searches are legal, citing safety concerns. Romero said they conduct searches because in the past some students have tried to sneak in drugs or alcohol.

"They walk in sober and within two hours they are very inebriated," said Romero referring to past incidents in which ambulances had to be called.

Romero said during Capital's prom they confiscated cigarettes and lighters from some students.

KOB checked with the states largest school district, APS, on their search policy.

Officials there say they don't pat down students going into dances.

The Santa Fe school district says that is because APS has its own police force. District officials tell KOB they plan on patting down students at Santa Fe High schools prom this upcoming Saturday. That prom is scheduled to be held at the Buffalo Thunder Resort and Casino. Herrera says she has been invited to attend that prom as well and plans to attend but hopes she isn't searched as thoroughly as before. "At least in the airport they have had past experiences with terrorists," Herrera said. "The public school hasn't had anything that bad happen they need to be searching everything like that."

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