(05/08/06 -- APEX, N.C.) - Wake County school officials have suspended a boy for having sex during school hours.

Ryan Biggar, 16, and his 17-year-old girlfriend had permission to leave Middle Creek High School for an off-campus program. When their event was canceled for the day, they were caught having sex in the girl's home.
It violated school rules, and officials say those rules apply no matter where you are during school hours.

But the Biggar's family is filing a lawsuit against the school system, saying his suspension for the rest of the school year is unconstitutional. He says he had no notice that private, consensual, off-campus sexual activity could subject him to school suspension.

Some students told Eyewitness News that the rules are unclear.

"I think he shouldn't get suspended because he was at his house. What he does at his house should stay at his house," said senior Jajuan Blanton.

A mother disagrees.

"Restrictions say you're on school time, then you are on school time whether you're at lunch or not," said Mary Ann Buesing.

Wake County school spokesman Michael Evans says that having sex during school hours breaks the rules - - even in a private home.

"Whereever you are during school hours. It's a privilege to leave campus for lunch and you sign a form to that effect, as do your parents," Evans said. "So it was with full consent and knowledge that they participate under these rules and if they chose to break them then disciplinary action will come into play."

Court documents include a copy of the lunch permit application, which states that students exercising off-campus lunch privileges are subject to the rules of student conduct, as applicable to the regular school day. Biggar and one of his parents had signed the application.

Biggar is appealing his suspension. A hearing is set for May 15. It is unclear if his girlfriend was suspended, since she is not suing anyone and school records are not public.