Steven and Deanna Freiling are asking the Nebraska City Public Schools to remove a suspension from their daughter's record saying the school did not follow its own policies and violated their daughter's constitutional rights.
The lawsuit says the student was present at an "impromptu gathering" off of school grounds and before the start of the school day, when she was handed a slushy drink.
The girl took a sip before she was told that it contained alcohol. At that time, the lawsuit says, she rejected the drink.
Freilings contend that their daughter was greeted at the school by Principal CraigTaylor, but was later pulled from class for a police investigation. The girl submitted to a breath test which indicated no alcohol with a result of .000.
The girl was dismissed for the day on April 27 and was later told she would be suspended for the rest of the semester. The school changed the suspension to five days.
The Freilings say their daughter did not receive an administrative hearing as provided by school policy.
They also say the school's actions deprived her of due process provided by the U.S. Constitution.