The Southern Poverty Law Center wants two Athens High School students suspended last month to be able to participate in Thursday’s graduation, according to a lawsuit filed this week.

The complaint, filed in juvenile court, claims the Athens City Schools board denied the students, identified as “G.K.” and “M.B.,” of their due process rights. The suit also claims the board failed to prove the students violated the student code of conduct.

Finally, the suit claims the board “abused its discretion by arbitrarily punishing G.K and M.B. and prohibiting them from participating in their graduation ceremony.”

In a statement released Wednesday, Athens City Schools Superintendent Dr. Trey Holladay said the school system “strongly denies” the allegations made in the lawsuit and he looks forward to responding in court.

The lawsuit seeks an emergency hearing and expedited relief before commencement exercises, set for 7 p.m. Thursday. In addition to participation in graduation, the suit asks that students be reinstated and their records be corrected.

“Graduating from high school is a once-in-a-lifetime event, a hugely significant moment for graduating seniors and the people who have supported them throughout the years,” said Brittany Barbee, SPLC attorney, in a press release. “To deny any student such a momentous experience without an adequate evaluation process, leaving the decision to arbitrary discretion is a violation of the students’ due process rights. We hope the court will immediately reinstate the students and allow them to celebrate their graduation with their friends and family.”

As of Wednesday afternoon, a senior supervising attorney with SPLC said he hadn’t heard anything from the court regarding a hearing or the school system regarding a resolution.

“We did reach out to (the school system) prior to filing to see if we could resolve this matter,” Michael Tafelski said.

When asked how the SPLC found out about the case of the students, Tafelski said the SPLC was contacted by the parents of the students.

School incident

The students were suspended as the result of an incident that occurred at the school on April 9. The SPLC claims a handful of seniors were “cutting up,” when Interim Principal Rick Carter “threatened to have the students ‘escorted out in handcuffs’ if they didn’t change their behavior.” The SPLC claims five black seniors in a predominately white class were sent to the principal’s office with police escorts.

The next day, parents of the disciplined students came to speak to school officials about what transpired the day before. School officials say an irate parent who had been asked to leave the school returned in an attempt to incite violence. A brief scuffle between a police officer and students was recorded on cellphones and went viral.

“After that incident, G.K. and M.B. were immediately and indefinitely suspended from school with the possibility of expulsion,” the release said. “They were barred from being on school property, attending prom, and walking at graduation.”

The complaint contends Athens City Schools failed to provide the students’ adequate due process and accused them of violating rules that are “vague, unreasonable and overbroad,” the release said. “Also, the complaint states that ACS lacked sufficient evidence to prove that the students violated the Code of Conduct, and that the Board’s decision was arbitrary and an abuse of discretion.”

In his statement, Holladay said the students received “a full and fair hearing before the school board,” and that the board had an opportunity to see the evidence and gave the matter “careful consideration” before making its unanimous decision.

Two members of the seven-member board, James Lucas and Vice President Beverly Malone, are African-American.

“The board determined that the students violated the student code of conduct in obvious ways, and it imposed reasonable consequences,” he said.

Holladay said the school system would not comment further on the matter because the case is pending in juvenile court.