Digital Bulletin

04:09 PM EST on Wednesday, March 23, 2005

The Associated Press

PROVIDENCE - A high school student who caught his principal apparently breaking a state anti-smoking law on film was suspended after he posted the photos on the Internet.

Eliazar Velasquez says he hid behind a wall to get photos like this one showing Central High School principal Elaine Almagno having a smoke outside a school door. Smoking wihtin 25 feet of a school violates state law.

But today the school district reversed course, wiping Eliazar Velasquez's suspension from his record, and saying the principal was not setting a good example for students.

Velasquez, a sophomore at Central High School, snapped pictures of Principal Elaine Almagno apparently smoking a cigarette outside an open school door earlier this month. Smoking within 25 feet of a school building violates state law.

Velasquez then posted the pictures on a Web site and distributed fliers at school telling students where to find the photos. On the site, along with the photos, was a message criticizing Almagno.

"What kind of example is she setting for the students of Central High?" he wrote.

Velasquez was suspended Friday, the day he distributed the fliers.

Superintendent Melody Johnson said today that school officials informed her Velasquez had been suspended because his actions disrupted the learning environment at the school.

Steven Brown, executive director of the Rhode Island chapter of the American Civil Liberties Union, which spoke to school officials on Velasquez's behalf, said the school had sent the sophomore a letter telling him he was suspended for harassment and slander via the Internet.

Brown said Velasquez was scheduled to have a hearing today about possible further punishment. Instead, after the suspension was publicized,

Velasquez was allowed back to school today, and school officials dropped a demand that he take down the Web site before returning.

"The school had no authority to punish him for the information he had up there or to require him to take down the site," Brown said.

Journal photo / John Freidah

Eliazar Velasquez says he hid behind a wall to get photos showing Central High School principal Elaine Almagno having a smoke outside a school door.

In a statement released today, Johnson said Almagno made a mistake.

"Clearly she should not have been smoking on school grounds, as this is a violation of law and school district policy and does not set a good example for students," Johnson said. "After a review of the incident, I directed that the suspension not be placed in the student's record, and that the student be immediately reinstated in school."

Johnson said while students have a right to voice their concerns, the schools have a role in educating them "about respectful, constructive ways to do so."

She said the student is being counseled in "appropriate ways to express disagreement, deal with conflict and reach resolutions."

In the statement, Johnson said she would not comment "on any potential disciplinary action as it is a private personnel matter."