A Virginia teenager is seeking to reverse a long-term suspension for shooting plastic "spit wads'' at school.
Spotsylvania High School officials suspended 14-year-old Andrew Mikel in December, saying that the incident, in which he shot small, hollow plastic pellets at other students during lunch
constituted "violent criminal conduct" and possession of a weapon.
School officials initially suspended him for 10 days and charged him with criminal assault and possession of a weapon under the student code of conduct, then extended the suspension through the school year. A Spotsylvania County Circuit Court judge upheld the action in May.
Local law enforcement also investigated, and initiated juvenile assault proceedings, placing him in a diversion program and requiring him to take substance-abuse and anger-management counseling.
The Rutherford Institute, a Charlottesville-based constitutional rights group, said Wednesday it has petitioned the Virginia Supreme Court to reverse the decision, saying that school officials' actions were excessively punitive and violated the teen's constitutional guarantee to due process of law.
Spotsylvania County School Division spokeswoman Rene Daniels noted that presented evidence showed the projectiles were hard plastic air gun pellets.
"Spotsylvania County School Board strives to keep its hallways and students safe from conduct of other students that may be harmful," Daniels said in a statement.
