TWEEN TRIBUNE
The American Civil Liberties Union claims in a lawsuit filed Wednesday that a North Carolina school violated the constitutional rights of a 14-year-old student by suspending her for wearing a nose piercing.
The lawsuit from the state chapter of the ACLU seeks a court order allowing Ariana Iacono to return immediately to Clayton High School, which has kept her on suspension for four weeks since classes started.
The complaint hinges on Iacono's claim that her nose piercing isn't just a matter of fashion, but an article of faith. She and her mother, Nikki, belong to a small religious group called the Church of Body Modification, which sees tattoos, piercings and the like as channels to the divine.
"This is a case about a family's right to send a 14-year-old honor student to public school without her being forced to renounce her family's religious beliefs," wrote lawyers from the ACLU and the Raleigh firm Ellis & Winters in a brief supporting the lawsuit.
The Johnston County school system has a dress code banning facial piercings, along with short skirts, sagging pants, "abnormal hair color" and other items deemed distracting or disruptive.
But the dress code also allows for exemptions based on "sincerely held religious belief," and says, "the principal or designees shall not attempt to determine whether the religious beliefs are valid, but only whether they are central to religious doctrine and sincerely held."
That's where the school stepped over the line, the lawsuit alleges, saying officials repeatedly dismissed explanations of the Iaconos' faith by the family and their Raleigh minister.
"We followed all the rules, so I don't understand why the school is being so unreasonable," Nikki Iacono said. "The dress code policy allows for a religious exemption, and I explained to the principal and various school officials how my daughter's nose stud is essential to the expression of our family's religious values."
Terri Sessoms, spokeswoman for Johnston County schools, said the district had received notice of the lawsuit, but officials can't comment on disciplinary actions involving individual students.
Ariana Iacono has been suspended four times since fall classes started, missing 19 out of 28 school days so far. On Monday, the school system denied an appeal of her most recent suspension, and told her she'd have to attend South Campus Community School, an alternative facility for students with disciplinary and other problems. She still wouldn't be allowed to wear the nose piercing in the other school.
Nikki Iacono, 32, joined the Church of Body Modification in 2009, and her daughter followed a year later. Their minister, Richard Ivey, thinks school officials are dismissing a little-known belief system simply because it's unfamiliar.
"I'm shocked that it's gone this far, but I guess I'm not surprised they'd be so quick to stick with their first judgment and not hear anyone else's reasoning," he said.
personnaly i think that the school shouldnt be able to suspend her. but they should make her cover up or take out the piercings even because of her religion. she can show off all her tatoos after school but she shouldnt be able to during school.
ReplyDeleteI think school needs to communicate with her and her family, but not to suspend, which would anger her family and to make things more complicated. Students should understand that school is a public place. Originally, it's a place to get busy in studying. I agree with foudu_, she can show those after school. And religious belief is in heart, but not to show out.
ReplyDeleteI do not think the school should suspend her for body piercings if she says it is part of her religion. They have not even listened to why she had it, they immediately suspeneded her. If she believes in that kind of religion the school should not stand in the way of it. She has every right to sue the school.
ReplyDeleteI agree with all the comments. The school went too far and they didn't really give Ariana the chance hardly to say why she had this piercing. If it is part of someone's relegion they should back off. I also agree with Colleen & foudu_, if it's going to be that disturbing she can put in her piercing after school.
ReplyDeleteI also agree that the school shouldn't have gone as far as suspending Ariana for her nose pierceing without a reasnable explanation. If the piercing is part of her religion, then I believe that she should be allowed to wear it as long as it is not distracting to other students. If it ends up becoming a problem, then the school should talk to her and her family about it before making any major decisions.
ReplyDeleteSEPERATION OF CHURCH AND STATE! I can understand a repremanding if they didn't know, but if even the PARENTS cam in to explain. That is ridiculous. Absolutely, totally juvenille. When a school has an examption, it should be tended to.
ReplyDeleteThe girl should have know the rules before she got the piercing. If she follows the rules of her church, than she can follow the rules of her school also. But I think the school went too far by suspending her without even listening to what she had to say. The exemption states the it is okay if it for religious believe, and her piercing is for her religion.
ReplyDeleteI agree with Krista, the family should've known the rules, or at least talk to the headmaster to explain him about all about her religion. On the other hand, the school can't be so strict, suspending her is going to far.
ReplyDeleteThe U.S. is a free country, so I think that people should be able to wear/use whatever they want...
ReplyDeleteYeah I don't think the girl should have gotten in amny trouble for it. I pierced my ear during school, i didn't get in any trouble for it. And i agree with John V
ReplyDeleteI think the school went to far. But she knew the rules, if she wanted a piercing, she could have gotten one somewhere else. Or she could take it out during the school day and put it back in when she gets off school property she can put it back in. But I also agree with the school, she knew the rules, if the school didn't inforce the rules then anyone could get a piercing and the school couldn't do anything because they didn't do anything in this case.
ReplyDeleteI totally agree with Lyn. even if its part of your relgion you shoulda known the rules before you got the piercing!! and the rules go for everyone in the school. not just a few here and there. if she can get away with it so can everyone else!
ReplyDeleteI agree with everyone... the girl should have known the school rules which she might have and just chose not to follow them or maybe she wasn't aware of it. But now that she knows of the rule she should take the nose ring out during school hours and wear it when she is not at school to express her religious beiefs. Also I do believe the school went to far in susspending her, they could have just had a meeting with her and her parents and discused what to do so both of the school rules and her belifes could be followed... if she wasn't willing to not wear the nose ring during school then maybe they did the right thing in suspending her.
ReplyDeleteCody H1- I disagree with Victoria... The girl has to follow her religion. It calls for piercings then she has to have piercings. I dont care if she knows the rules or not. Our country has to follow what they say in the Constitution... Everyone has the right to believe whatever religion they want... so she shouldn't be suspended cuz she has body piercings
ReplyDeleteI think that the students have every right to sue the school.The school has way to many restrictions. The U.S. is a free country and people can do what they want with what they wear and their piercings.
ReplyDeleteWhy is it bad having a piercing? And
ReplyDeletewhy should a school suspend its student
just because of a piercing? Especially
if the piercing is for a religous belief...
It is not correct of the school to suspend
Ariana without listening to her.
The piecing is for her religous belief and I think that everyone should have the right to
choose what they want to wear and how
they want to belief in their religion.
The school should really be able to understand and respect her.
I think the school went to far in suspending her for a piercing. I think that if it didnt distract anyone it wasnt really that big of a problem. They should have listened t why she got it and tried to figure out a reason so she could follow her religion and the school. I also think that piercing and tattos are a way for people to express who they are and if thats who she is then the school should be able to understand that. If she regrets it then its her fault
ReplyDeleteI think that the school should be able to suspend her, because she should of talked it over with the school beforehand. And she probably knew the school rules before she started,so she would have had enough time to talk it over and settle the problem earlier in the year. But I also think that the school is at fault they should make the dress code more clear because saying that the students are not allowed to have piercings, tatoos, abnormal hair color is not allowed but it also allows religious exemption it just doesnt make sense.
ReplyDeleteI think that the girl should be able to do what she wants to do considering it is her own body but she should also be respectable towards the school rules. The school should have allowed her and her mother to explain their family's religious beliefs instead of allowing Ariana to have no say. The school was a bit to strict about automatically suspending her over a nose piercing. Ariana and her mother should have at least been able to work something out with the school about their religious beliefs.
ReplyDeleteI think she either needs to change schools or religions... What kind of religion supports tatoos and body piercing? Maybe it was a little far to suspend her right away, but how was the school supposed to know that its possible to be part of a religion that encourages it. The easiest way to resolve the issue would be to have a meeting between the school, the girl and her family, and their minister to figure out the best way to resolve the matter.
ReplyDeleteI have done some "research" among this specific school's policies, some of which being very eccentric compared to our school. Such rules include; not acceptable: multi-colored shoe strings; wrist bands; "in memory of" shirts; professional teams' apparel; jewelry; sweatbands; abnormal colored hair (blue, pink, green); the list of ridiculous restrictions goes on forever.
ReplyDeleteIn the last few years our school has last a few students such as Jeremy Windahl, Clint Quibadoe, & Aaron Robinson. Now what school has the right to prevent a student from honoring a lost student with a simple t-shirt?
Every guy has worn a professional team jersey and/or shirt. Just like every girl has worn jewelry. None of that stuff is banned from our school.
I have to side with the girl on one reason A; this school is being rediculously harsh for a simple piercing. Not to mention all the other things I listed off.
But overall I'm siding with the school. I'm not aloud to say the Pledge of Aligence anymore because it states: "one nation under GOD", now if I cannot say that. If I can't state my love for my country everyday because of one word that might offend 4 kids in the whole district, why should she be allowd to express her religious beliefs.
Also, in the school policies it specifically says that to wear such jewelry she must apply for permission to so.
In closing I agree with the school.
I think that the best way to resolve this issue is through a federal lawsuit. I'm not too positive that it violates Constitutional rights of the 14 year old girl who is being accused of having her nose pierced, but the school is obviously being biased in some way or ignoring her allegations. I feel that a lawsuit is the way to go because of what she has already gone through, which is suspension for four weeks. Also, her mother has explained to the school that it's part of their family's religion. Which in that case should have exempted her from the dress code because they thoroughly state on, "Sincerely held religious beliefs, the principal or designees shall not attempt to determine whether the religious beliefs are valid, but only whether they are central to religious doctrine and sincerely held." Who are they to say they aren't. I think the school as contradicted themselves and should bear the consequences.
ReplyDeleteI think Ariana should be able to have the nose pierced. But maybe she could've talked to her teacher or principle or whoever first so they'd know it was for her religion before. I don't think the school has any right to suspend her just because she has a nose ring for her religion because they even said in their rules:"the principal or designees shall not attempt to determine whether the religious beliefs are valid, but only whether they are central to religious doctrine and sincerely held." Soo Ariana is not breaking any rules according to the school's rules. I don't think they should even have a rule against nose rings. But that's their school not mine.
ReplyDeleteI believe the school is absolutelly wrong in suspending Ariana because of a nose ring! They definetely went to far with the punishment, if it's a school's rule the students being forbidden to have rings, they could talk to her and her mother before deciding for some radical solution. Even having a rule against nose rings is ridiculous, students should be able to express who they are or their personalities, as far as it doesn't hurt or offend other people, and I'm sure a nose ring doesn't offend no one! The case gets even more delicated because she has that nose ring for religious reasons, so I think the better place to solve all this mess is on federal lawsuit. This went too far and so, it deserves a proper resolution, even so this kind of problem doesn't happen anymore in soome other place around the United States!
ReplyDeleteI think Ariana and the school should have handled this situation way differently than they did. The school dress code allows for religious exemption, Ariana probably wasn't the only student in her school that had to violate the dress code because of religion. But if she was, then the school should have followed all the rules in the dress code, not just one. Also, Ariana and her mother should have spoke up sooner and not have allowed the school to suspend her four times. Ariana and her mother could have brought this issue up to the schools' principle and superintendent. The school also shouldn't have been judgmental and questioned her religion. Situations like these is why Separation of Church and State should be enforced.
ReplyDeleteWhy did this school suspend the girl for her nosepiercing? This girl had every right to wear a nosepiercing, even if it's part of her religion. I also think that the dress code is very stupid too, for banning short skirts and nosepiercings, that's just rediculous. I'm glad that the school got sued by this girl.
ReplyDelete