Johnny Williams, an eighth grade student, has a history of misbehavior in your school. You finally reach your level of tolerance and suspend him for five days.
1. What type of due process is Johnny entitled?
2. Outline the procedure you would follow in handling this situation.
3. What are the administrative implications of this situation?
CASE STUDY #4 CAN ONLY BE REPLIED TO BY CARL.
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Laura
ReplyDelete1. Johnny is entitled to procedural and substantive due process.
ReplyDelete2. Student will be given notice of the misconduct as well as and opportunity for a hearing regarding the misconduct. The hearing would consist of;
• An explanation of the evidence against the student.
• The nature of the charge against the student.
• An opportunity for the student to tell his or her side of the story.
3. Implications are the administrator may have acted capriciously when issuing the five day suspension and violated Johnny’s fourteenth amendment rights.
1. Johnny is entitled to Substantive due process. This ensures that Johnny will not be subjected to arbitrary or capricious acts by school officials regarding the exercise of his personal rights.
ReplyDelete2. (a)I would provide adequate notice to the child and parents of the rules governing Jonny's behavior in both written and verbal form.
(b)A collection of documentation including the infraction Johnny allegedly committed, the time of the infraction, the place of the infraction, the witnesses of the infraction, interventions used to try to remediate alleged misbehavior.
(c)Jonny will be given notice both verbally and in written form of the suspension with detail of the infraction and details pertaining to the infraction. He will be provided a Code of Conduct (COC) hearing in order for Johnny to be able to present his side to COC team. The COC will be scheduled and held as soon as possible.
(d)During the COC, all sides of the issue will be listened to by the school officials. There will be adequate time provided for Johnny to present his side of the infraction.
(e) Johnny's parents will be provided with written notification of the actions resulting from the hearing. This notification should include the charges against Johnny, description of evidence, number of days for suspension, a determination if it will be an in-school or out-of-school suspension, a list of other conditions that may be expected before Johnny returns to class, and a statement that informs the parents of the appeal process.
Johnny will be provided substantive due process.
ReplyDeleteI agree with Laura on the procedures that you must follow to ensure Johnny's due process rights. This should be done in a timely manner. No delay would be necessary between the time notice is given and the time of the actual hearing.