Volcano Vista HS restores student's privileges in response to lawsuit

Volcano Vista High School administrators restored a student’s title in student government, her commencement speaker slot and other privileges on Thursday following a judge’s order in a lawsuit she brought against the school.

The student — identified only as N.S. in court documents — was reinstated as Volcano Vista’s student body first vice president; placed back into her student senate community service class; and allowed privileges to speak at her graduation ceremony in May, according to her attorney, Matthew Beck.

The student had her role and privileges stripped in November after she argued with another student and posted a profane message to social media outside of school criticizing a Volcano Vista administrator's decision to punish her. The following month, the teen’s father filed the lawsuit in U.S. District Court of New Mexico against the school and Albuquerque Public Schools.

Beck said Thursday that the teen “was very gracious and mature” upon hearing of the school’s decision to give her role and privileges back.

“I feel like she’s finally getting the closure that she deserves,” Beck said. He declined to identify the teen, citing her concerns with being named publicly.

The school administrators acted in response to U.S. District Judge Matthew Garcia’s order on Monday stating that the student was “substantially likely” to prevail in her case and would suffer harm if her First Amendment rights were not restored quickly. Garcia also noted the strength of N.S.’s arguments when she cited a U.S. Supreme Court decision in a similar case that upheld students’ free speech rights outside the classroom.

The Albuquerque Public Schools declined to comment on Garcia’s decision.

Beck had issued court filings asking Garcia to restrain the school and APS from taking away the student’s privileges and restore them instead. Garcia’s order, however, is only a stopgap measure while the case continues, according to Beck.

Beck said the teen was “gratified” with the judge’s ruling.

“I think everyone can understand this has really been a tough, emotional roller coaster for her over the last few months,” Beck said. “It’s been hard to sit by and sit quiet while she was under the discipline that she correctly felt was unfairly imposed.”

He added that his client is “hoping and looking forward to resuming the normal life of a high school senior for her last semester.”