(WSBT) A summertime mistake means one Clay High School student is off the field for part of the soccer season, but his family says that's not fair.

That family is now suing the South Bend School Corporation for what the corporation says is a violation of the district's code of conduct.

Police cited their 16-year-old son for underage drinking in June, when school was out for summer.

School officials still suspended the teen for 30 days from athletics. He's missing soccer and football games — and his parents say that shouldn't be the case.

The Durhams have made sure to show their support, even though, right now, their son isn't playing.

“My initial reaction was they have no right, this is summer time, he is under our full authority. He is representing the school in no way, shape, or form," Ted Durham told WSBT News.

Clay High School's “Student Athlete/Parent Handbook” prohibits alcohol use by students.

But Ted and Shelley Durham say, in this case, it's a matter of when their son committed the offense.

"The book that he signs to, that we sign to, says on page one — clearly in bold, black and white — all rules are effective the entire school year," said Shelley Durham.

School officials refused to comment on camera, but the athletic director at Clay High School told our partners at the South Bend Tribune that all athletes and coaches at Clay understand the handbook is in effect the entire calendar year.

He also acknowledged the handbook does not say its rules apply year-round.

So the Durhams filed a lawsuit on their son's behalf.

"Words have meaning and the language is quite explicit in that booklet," said Ted.

With only a couple days left in the suspension — and games already missed — they say this isn't about their son anymore.

“Our rights have been violated. We feel very strongly about that and we will just be in pursuit of justice," explained Shelley. "It will be up to the legal system to decide what makes it right for us."

The Durhams tried to appeal the suspension internally, but the school corporation ruled against them — the Durhams say without any explanation.

There's no date set on when this lawsuit will go to court.

For more on other school districts’ codes of conduct, click on the link in the Related Content box.