Patrick Grass said his son, Adam, was suspended Thursday from Hickory Middle School in Chesapeake and recommended for expulsion after he was spotted passing the spice to another student, The (Norfolk) Virginian-Pilot reported Tuesday.
Grass said his son did not bring the baggie to school, instead he was simply asked by another student to pass it along to its owner.
The bag of oregano, which resembled marijuana, was labeled an "imitation controlled substance" by the school and four students were suspended.
Grass said he contacted the Rutherford Institute in Charlottesville, which labeled the suspension "a travesty of justice."
The father said he is scheduled to meet with school officials to ask for the suspension to be lifted and the matter expunged from his son's record. Officials with the Rutherford Institute said they might file a lawsuit if Grass's effort is unsuccessful.
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