A group of parents is suing Marian Catholic High School, alleging racial discrimination after four black students were expelled for testing positive for cocaine.
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The Chicago Heights school displayed “bias in the tests, and there is no process set up for when the test is wrong to rectify false positives,” said attorney Brendan Schiller, whose firm is representing the parents in their federal lawsuit.
The suit accuses the school of “intentional and reckless discrimination” against the students based on race, violating the Civil Rights Act of 1964 and denying the students due process, among other claims. Named as defendants are the school, the Chicago Archdiocese, a guidance counselor who conducted the drug tests and the company that determined the results, Omega Laboratories.
Each student who tested positive for cocaine during the 2014-15 school year did not use the drug, and subsequent tests paid for by their parents at other facilities, not connected to the school or Omega Laboratories, showed negative results, according to the lawsuit.
It contends that research has shown that in testing for cocaine use, dark hair is more likely to bring about false positives than blond hair, with blacks more likely to test positive than whites.
The suit says the students involved are athletes, members of school clubs or are on the honor roll.
Marian Catholic is closed for winter break, and attempts to reach Principal Steven Tortorello for comment were unsuccessful.
A spokeswoman for the archdiocese released a statement, which says the archdiocese is aware of the lawsuit “but cannot comment on ongoing litigation. Marian Catholic High School is owned and governed by a board of directors, with reserved powers held by the Dominican Sisters of Springfield, Illinois’ Member Board and not the archdiocese. Decisions regarding mandatory drug testing are made by the local school leadership, not the archdiocese.”
Marian Catholic began mandatory drug testing in the fall of 2008. Each student is tested once per school year, and some students are randomly selected for another test.
All students must submit a hair sample to be screened for a number of drugs, including cocaine, at a cost of $55 per student per school year.
The lawsuit is seeking compensatory damages, legal costs and other relief from the school and the archdiocese.
Nick Swedberg is a freelance reporter.