Oconto County DA Burke Rules No Charges In Suring Student Searches

In a news release issued on Tuesday, Feb. 15, Oconto County Sheriff Todd Skarban reported that on Saturday, Jan. 22, his office was contacted by the Suring Police Department to assist in the investigation of an incident at the Suring High School. The incident involved allegations of vape devices and searches of students.

Skarban said in the news release that the incident has been investigated by the Oconto County Sheriff's Office and sent to the District Attorney's Office for review, and that no additional information is available at this time.

Later on Tuesday Oconto County District Attorney, Edward D. Burke, Jr., issued a statement that after reviewing the statements and reports provided by the Oconto County Sheriff's Department he had determined that the searches conducted on January 17 and 18 at the Suring School were not "strip searches" as defined in the applicable state statute, and his office will not be issuing charges at this time.

Section 948.50 of state statutes defines "Strip Search" as meaning: "a search in which a person's genitals, pubic area, buttock or anus, or a female person's breast, is uncovered and either is exposed to view or is touched by a person conducting the search."

An attorney representing some of the students and parents involved has stated that a lawsuit against the district is pending.

According to Burke's statement, the incidents involve School Superintendent Kelly Casper, aided by the school nurse conducting searches of six female students who were attending Suring Schools to determine whether the females were in possession of "vape cartridges."

The searches of male and female students reportedly were done in separate rooms.

The female students were asked to disrobe down to their undergarments and were visually searched by Ms. Casper. One of the students was asked to pull her bra band away from her body, but her breasts were not exposed to Ms. Casper or the nurse.

The report notes that one of the students indicated that she was asked to pull up her bra and that her breasts were exposed, and then goes on to say that statement was inconsistent with the statements given by the five other students who were searched, all of whom indicated that their breasts were not exposed, and is also inconsistent with the statements provided by Ms. Casper and the school nurse.

Two of the students who were searched indicated they were not wearing underwear and were allowed to leave the leggings they were wearing on. Ms. Casper then conducted a hands on search of the outside portion of the students' legs.

The searches allegedly happened on Tuesday, January 18, after a number of students were caught vaping on school grounds and in a restroom.

On Wednesday, Feb. 9, over 40 parents had attended the Suring School Board meeting to talk about the searches. Approximately a dozen of the parents addressed the board, but reportedly were careful to include no names of students or school personnel involved. They said parents were not notified before students were called into an office and strip-searched. They said the female district administrator, nurse and police officer searched female students, while a male principal and police officer searched male students. It was reported that seven of the students searched were female and three were male.

One parent is said to have told a reporter after the meeting that her daughter was forced to strip to her underwear even after she gave administrators her vape. Parents said the searches were done without their knowledge or consent, and students were given in-school suspensions, and were not allowed to use the restrooms during those suspensions.

Several of the parents contended that the searches were a violation of school policy that states: "Under no circumstance shall a school official ever conduct a strip search of a student." Some also referenced state statutes which they said make any official, employee or agent of a school district who conducts a strip-search guilty of a Class B misdemeanor.

Stephanie Lupe, a municipal judge for the Village of Suring, told a television reporter that her daughter was one of seven female sophomores to be strip searched on January 18th after they were caught vaping in a school bathroom.

"I said did you find anything on her?" said Lupe, recounting her conversation on January 18th with a school administrator. "She said no, so I said you strip searched her? She said yup, her and all the rest of the girls. I said I don't think you can do that by law and I'm taking my daughter and we're going home."

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