Burgard Students Say Punishment Not Fair for Cell Phone Violations

July 19, 2014 Updated Jul 19, 2014 at 11:33 PM EDT

By Jill Perkins

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July 19, 2014 Updated Jul 19, 2014 at 11:33 PM EDT

Buffalo, N.Y. (WKBW-TV) Burgard High School Senior, Tenea Stevens, along with nearly a dozen students, are facing tough punishment after they were caught with cell phones during the first week of summer school.

Stevens was expelled, but it seems the punishment doesn't fit the crime.

"The code of conduct says students should not be suspended or otherwise removed from the educational program because of portable electronic violations."

Stevens referenced page 31, paragraph seven of the district's own cell phone policy.

According to that policy, the highest level of discipline includes detention, mentoring and conflict resolution.

The policy goes on to say a student should not be suspended or removed because of a cell phone violation.

Eyewitness News brought it to the district's attention that the policy and the punishment seemingly don't add up. While officials acknowledged that the cell phone use alone would not result in anything more severe than level two punishment, they would not comment further on any of the incidents.

Parents and students say they plan to reach out to the State Department of Education. Many of the students who were suspended or expelled say they plan on going to summer school on Monday morning and are hoping the district will reconsider.