At least four Westminster High School students who say they left a party last month as soon as they realized alcohol was present have been reinstated in their extracurricular activities, after a successful appeal to the county school administration.

But a number of other student appeals were denied, if the students had lingered at the party before making an attempt to leave, said Dorothy Mangle, the assistant superintendent who heard about 20 appeals and mailed decisions to students Friday afternoon.

Several of the students whose appeals were denied filed suit in Carroll Circuit Court yesterday, seeking a preliminary injunction to be reinstated until the case can be decided on its merits, said Thomas M. Wood IV, a lawyer representing 13 students.

Three students who were in the suit, Kristen Gombeski, Kellie Gombeski and Kristen Whitecotton, were exonerated in their appeal, and are no longer plaintiffs, Wood said. A fourth student, Ian Weiland, also was exonerated.

"The policy says if they knowingly place themselves in close proximity to students involved in underage drinking," they will be ineligible for extracurricular activities for 45 days, Mangle said.

She said that was the guide she used to decide the appeals.

"Knowingly," Mangle emphasized. "So that becomes the most significant piece."

The case began after administrators learned of a weekend party at a student's Westminster home attended by dozens of teens.

More than 40 students who were questioned and acknowledged being at the party were barred from extracurricular activities, even if they weren't drinking.

The countywide policy is almost 20 years old and, since about five years ago, has included students who are designated drivers or hanging out with those who are drinking, even if they are not consuming alcohol.

"Students are well-aware of this policy," Mangle said.

Mangle said she listened to about 20 appeals in person over five days, as well as reading a number of written appeals and having discussions on the telephone with families who chose not to appeal formally.

Mangle said she wanted to hear all the students before making a decision, to construct a picture of what happened the night of the party Feb. 6.

"It was so complex," Mangle said. "What I ended up doing was I made myself a chart of students, who arrived when, what they testified. So I had a picture of what was occurring while they said they were there."

Weiland, 18, a senior who was exonerated on appeal, said he went to the party to pick up a friend.

"I'm eligible," he said.

Weiland is free to play on the tennis team and participate in National Honor Society activities.

Pub Date: 3/16/99