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August 8, 2002: Mendota Heights, MN In October 2000, Andrea Warren, now 17, was caught drinking at a party, and then, about a week later, cigarettes were found in her purse while she was in school. And, since she was a cheerleader, she faced stern lectures, and tough consequences. For the first offense, she was off the squad for two weeks, or two games, whichever was longer. Also, she was barred from being cheerleading captain for a full calendar year. When the school found cigarettes in her purse, the "second offense" penalty was invoked: Warren was off the squad for six games or 21 days, whichever was longer, and she was barred from being captain for a full calendar year. Warren admits she was guilty of both offenses, and accepts the games she sat out and the year ban on being captain. Her dispute centers on whether she was barred from being on the team for a full year from the date of each of the offenses, concurrently, which would mean that she could be captain again beginning in November 2001, or whether the policy calls for a separate year for each infraction--meaning the two years would be added together, and she would not be eligible to be a captain until November 2002. Warren, her mother, Janie Berg, and their attorney, Marshall Tanick, all feel that the punishments were to be served concurrently, and that Warren should be allowed to be captain this year. After all, she has been elected captain by the squad already, by a 7-1 vote.

Warren claims that the penalties were an opportunity for self-improvement. Warren stopped hanging around with the "wrong crowd", got on the honor roll, and became active in student council. Her family feels that she has learned her lesson, so why punish her further?

As you might expect, the West St. Paul-Mendota Heights School District disputes these arguments. They feel that since Warren committed two offenses, she should get two punishments, simple as that. Margaret Skelton, attorney for the school, comments that "Because her violations were so close together, she only wants to be punished once, and that doesn't make any sense." Skelton calls the lawsuit a waste of taxpayer money, and wonders why Warren won't just shut up and wait until Winter Cheerleading starts, at which time the two years will be up and she can be captain then.

Warren is seeking a court order forcing the school district to allow her to be captain, as well as damages of at least $50,000. Their attorney claims the district is guilty of Breach of Contract, possibly because of a statement Warren claims was made by a former coach that she could be captain this school year. But it's not just about being captain, it's about opportunities for her future. Warren claims she needs to be captain in order to recieve lucrative "cheerleading scholarships". Warren would also like to parlay this activity into a job--and being captain could help her become a professional cheerleader.

Andrea Warren's mother, Janie Berg sums up her view of the case: "What they've done is just wrong...This isn't about pompoms, skirts and flirts. This is about what she has aspired to for years. This is about justice."--The Doc, Staff Writer

It's Unfortunate; But Not Unreasonable or Illegal

Editorial Board Commentary This case is not that complex. It sounds like Ms. Warren knew about the policy and she chose to violate it. While we have a little sympathy for Warren--after all, our organization hasn't exactly been treated fairly by our school district either--we do not feel that the district was unreasonable enough to merit a lawsuit. Quite frankly, the only thing we feel should be granted to the plaintiffs is a more clearly worded school policy that clarifies that these types of penalties will be imposed consecutively, not concurrently. We feel that she can be captain in winter, so she has not lost all her opportunities for going professional. As far as scholarships are concerned, if she is on the honor roll, she could probably get admitted to a decent school, recieve some grants, and some loans, and she might just have to work her way through school like most people we know who have graduated from college. And as for the $50,000 she wants, if everyone who thought that their school unfairly punished them could recover those kind of damages, then we'd have lots of rich kids and loads of bankrupt school districts. Don't get us wrong, we wish Ms. Warren the best in the future and hope she really has experienced a transformation, but the bottom line is that smoking and drinking are truly bad for you and this is just further proof of that.--Vinny's Education Coalition Editorial Board.

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