DeKalb County school officials determined that a Chamblee Charter High School administrator erred by disciplining two lesbian students who were caught holding hands inside a school restroom, according to DeKalb County School Superintendent Crawford Lewis’s office.

“The [DeKalb County School System student] code of conduct was not properly followed,” said Debbie Loeb, Lewis’s assistant. “There should not have been any kind of disciplinary action taken by the administrator.”

The Chamblee High School students — whose names are being withheld to protect their privacy because they are minors — were inside a school restroom Aug. 25 when Assistant Principal Michelle Jones entered and saw them holding hands, said Victoria Barnard, faculty adviser for the gay-straight student alliance at Chamblee.

Jones allegedly asked the students, who are both in tenth grade and 15 years old, if they were girlfriends. Upon learning they were wrote them up for “inappropriate bodily contact, sexual harassment and indecent exposure,” according to Barnard. In addition to writing up the students, Jones allegedly called their parents, revealed the girls as being lesbian and said they were engaged in sexual relations in the stall, Barnard said.

Fearing the student’s permanent discipline record would be tarred by what she considered trumped up charges, Barnard complained about the citations to Chamblee Principal Rochelle Lowery, who Barnard said supported Jones’s actions. Barnard also contacted the ACLU of Georgia, which sent a letter to Lowery and Superintendent Lewis expressing concern that the students were discriminated against based on their sexual orientation, said Beth Littrell, associate legal director for the ALCU of Georgia.

“We alerted them to the volume of federal cases that have established the right of students to be treated equally regardless of their sexual and romantic orientations, as well as the constitutional right to privacy and liberty of coming out to others that has been established,” Littrell said.

Lowery did not respond to interview requests by press time and Jones declined to comment.

Teacher wants ‘severe sanctions’

A process is already underway to expunge the disciplinary sanctions from the students’ permanent files, said Loeb, who declined to elaborate on exactly how the student code of conduct was misinterpreted.

The code of conduct spells out punishments for violating 24 school policies ranging from wearing a pager to threatening a school employee, with “sexual offenses” resulting in suspension or expulsion. The code also stipulates that students are entitled to formal and informal hearings before parents become involved and discipline is taken.

Jones could face disciplinary action for not following the code of conduct, but any decision on personnel issues would have to be handled by Lowery, Loeb said.

Loeb added that Chamblee officials are preparing to again contact the parents to explain the misunderstanding, but Barnard said a lot of Jones’ alleged wrongdoing cannot be undone.

“There absolutely needs to be some severe sanctions because it’s not OK to out students,” Barnard said. “These kids have had their lives turned upside down and the vice principal is going to get a slap on the wrist.

“I just don’t think [Jones and Lowery] understand the impact this kind of thing has on kids,” Barnard said.

If contacted by either of the lesbian students, who were unavailable to comment, the ACLU of Georgia remains open to representing them in court, Littrell said.

“Presumably, this situation illuminates that there are some problems with that administrator in particular, and perhaps the interpretation of their own policies that need to have corrective action as well,” Littrell said. “We’re concerned when a government entity takes it upon themselves to out a student.”