Parkview High teen fights suspension, loss of A+ scholarship

Claudette Riley
Springfield News-Leader

Gavin Devic made a split-second decision that tarnished his reputation at Parkview High School, compromised his academic and athletic standing and may cost him thousands of dollars in college scholarships.

That decision? Catching a ride to a school dance with a friend who had allegedly been smoking pot.

Gavin Devic, 17, has been fighting to clear his name since the Dec. 2 incident at Parkview High School.

Devic, a senior and three-sport athlete at Parkview, admits he should not have entered a car that reeked of marijuana but believes the punishment he received — a 10-day out-of-school suspension, 28-day athletic suspension and loss of A+ scholarship eligibility — was excessive.

He said attempts to clear his name have been unsuccessful.

"If I had known this was going to happen, I wouldn't have accepted the ride. I would have asked him to pull over and walked home," said Devic, 17. "I'm guilty of being in the wrong place at the wrong time. I realize it was dumb and I did make a mistake but I didn't do anything against the student handbook. I didn't break the rules."

School police officers, according to an incident report obtained by the News-Leader, believed Devic and his friend were smoking marijuana before they arrived at the Parkview dance on Dec. 2.

Devic says he has proof he was not.

Both teens were disciplined by the district, according to the report, for possession of a controlled substance and drug paraphernalia. The report shows "nothing illegal or prohibited by the school" was found on Devic.

The teen said school officials have been willing to meet with him but they have not budged. He said his leadership roles, top grades — he dropped just below a 4.0 GPA for the first time this year — and lack of previous discipline problems ought to count for something.

He said prior to the incident, the only mark on his record was an occasional tardy.

"I wouldn't be fighting so hard if I did it. I'd say 'OK, you caught me,'" he said. "I want to clear my name."

That Friday, Devic said he went to all his classes then wrestling practice.

He enjoys football and track but wrestling has been his passion. He has served as captain of the team since his freshmen year, recruited many of his teammates and was named team MVP last year.

Prior to the incident at the school dance, Devic had 75 career wins and was on track to demolish the school record and achieve a personal goal of 100 wins. He had been getting calls from college recruiters.

Parkview High School student Gavin Devic received support from his classmates in his fight against what he calls excessive punishment from the school district.

On Dec. 2, the wrestling practice ended at 5:30 p.m. Devic works two part-time jobs but had a rare night off so he went home to take a nap. He planned to rest up for a wrestling tournament the following day in Bolivar.

Devic said plans changed after the nap, when a friend called to see if he was interested in stopping by the dance and offered a ride.

"When he picked me up, I could smell it," he said, referencing the strong scent of marijuana in his friend's car.

Devic said the trip between his house and the high school is relatively short. He decided, rather than make waves, he'd just get in.

The teen said they drove to Parkview, parked on Chrisman Drive and the friend changed shirts and applied cologne before they entered the dance.

"Not 60 seconds after we walked in, the school resource officer pulled (the friend) and asked who he was with," he said. "They split us up."

Devic said he knows the officers regularly assigned to Parkview but was initially questioned by officers stationed at other high schools who were working the event. He said he cooperated and answered their questions.

"I wasn't worried because I knew I hadn't done anything wrong," he said. "I wasn't mad because I was thinking they were just doing their job."

He said the officers' tone suddenly changed.

"They started accusing me," he said. "They started telling me I was under the influence and they could tell because my eyes were low."

He said the comment made him laugh. He told officers his eyes are "low" or shaped differently because he is part Asian. His mother is Japanese and his father is Croatian.

The teen also tried to explain he'd been napping before the dance.

According to the report released by the district, Devic "denied using marijuana." He assumed his friend was explaining that to officers in the other room.

Apparently that is not what happened.

 

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The report states the friend led officers to his car, where they found a small bag of marijuana, blunt, grinder, box with marijuana residue and two empty baggies. The friend reportedly told the officers the items belonged to both he and Devic.

Devic said he doesn't believe his friend would "lie" and say he was involved.

He said in the days after the suspension, the friend accompanied him to the high school and wrote a statement saying the marijuana and paraphernalia belonged to him, not Devic. A copy of that signed statement was provided to the News-Leader.

The Monday following the dance, Devic also went to TOMO Drug Testing, a Springfield company that provides pre-employment screening services. He paid the $30 to be tested.

A report from the company, which was provided to the News-Leader, showed Devic was "negative" for THC, the active ingredient in marijuana, as well as other controlled substances. THC can stay in a person's system for weeks.

He said he also showed the report to school officials. "I went up to the school and said I could prove that I was innocent."

Devic's suspension was shortened to seven days. He went back to school Wednesday.

Citing student privacy rules, district officials said they couldn't discuss the discipline of a specific student. Teresa Bledsoe, director of communications, said the district follows the student handbook closely in such matters.

According to the handbook, the first offense for a high school student suspected of the possession or use of drugs is a 10-day out-of-school suspension. The length can be shortened to seven days, as it was in Devic's case, if the student agrees to a behavior risk assessment.

The board policy regarding alcohol and drug use makes it clear that "after appropriate administrative investigation," a student charged with violating the policy bears the burden of proving he or she did not break the rules.

Devic said he believes he has shown that he was not smoking marijuana.

"They won't admit I wasn't under the influence. They won't take it off," he said, of his school record. "I can't be the first and only kid this has happened to."

District policy does not allow students to appeal an out-of-school suspension that is 10 days or less.

Bledsoe said student athletes who violate the alcohol and drug policy face a 28-day suspension, separate from the school suspension. It bars students from attending or participating in extracurricular activities, including sports.

She said student athletes sign a citizenship agreement and are informed, early on, of the consequences of violating it.

Devic acknowledged getting in the car was wrong. He said he would have understood getting kicked out of the dance or receiving in-school suspension. But, he said the consequences he was given were too harsh for the behavior.

Since returning to school, he said he has been shunned by coaches who once looked to him as a leader and his ability to participate in sports, even after the suspension, is up in the air.

The suspension also meant he had to miss wrestling matches and the annual football banquet, where he was expected to receive several awards. One of the awards, chosen by teammates, was for being the most improved player of the year.

"I'd been looking forward to it for a long time," he said.

Devic said the most troubling aspect, however, may be the suspension's impact on his ability to pay for college. He hoped an award-winning wrestling season would spur college recruiters to make offers.

He was on track to receive an A+ scholarship, which would have covered two years of in-state tuition at numerous colleges. He became ineligible for the scholarship, which has a citizenship component, when he was suspended.

"I am losing all the options I was setting up for myself," he said.