Judge Says Cheating Student Cannot Return to Class

When Jack Berghouse's sophomore son was at Sequoia High School for copying a homework assignment in March, Berghouse sued the Sequoia Union High School District claiming his son's due process rights were violated.

But according to the San Jose Mercury News, San Mateo Superior Court Judge George Miram ruled Thursday that Berghouse's son would not be allowed to re-enroll in the honors class for the rest of the semester while the case is litigated.

Miram wrote that Jack Berghouse had failed to establish the likelihood that he would prevail on the merits of the case at trial.

The judge rejected the lawsuit's argument that the expulsion would adversely affect the teenager's chances for success. "There is no adequate showing that the new placement prevents plaintiff from acquiring useful knowledge," the judge wrote.

The lawsuit made national headlines and the father's actions drew an outpouring of opinion and public criticism. Debates over the lawsuit played out in the media, throughout the Peninsula--what's more important, learning to do the right thing, or doing everything necessary to get into the best college?

A trial date has not been set for the lawsuit.

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