Larry Smith, principal of Farley Middle School in an upscale community, recently recommended to his superintendent that a student, Susan Brown, be expelled for the remainder of the year for various acts of misconduct, including disrespect for authority and physically attacking a student who refused to loan her money.
1. What type of evidence is needed to sustain a recommendation of expulsion?
2. Outline a legally defensible procedure that should be followed in this situation, including the rights to which Susan is entitled.
3. If the student's parents challenge the expulsion, how do you think the courts would respond to the procedure you outlined?
4. Provide a rationale for your response to question 3.
5. How does expulsion differ from suspension with respect to due process consideration? (Be specific.)
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Laura
ReplyDelete1. Mr. Smith will need documentation of each infraction that supports that the removal of Susan Brown is necessary to restore order or protect persons on school property. This documentation will need ti be presented to Susan Brown and her parents along with another copy of the districts Code of Conduct and Board policies that outlines the consequences of such infractions. This will ensure that no misunderstandings regarding the intent and substance of expulsion policies.
ReplyDelete2. (a)Susan Brown and her parents should be informed of the district policies of the infractions that Susan allegedly violated that may result in expulsion.
(b)Susan and her parents should be informed of their Fourteenth Amendment rights regarding substantive and procedural due process.
(c)Susan and her parents should be provided written notice of the charges and a right to a fair hearing. This must be provided well in advance of the actual hearing.
(d)In addition, Susan and her parents should given the opportunity to inspect the evidence, present evidence on behalf of Susan, the right to legal counsel, the right to call witnesses, the right to cross-examination and to confrontation, the rights against self-incrimination, and the right to an appeal.
3. I believe that if the above outline were followed the courts would rule in favor of the expulsion as long as the original infractions truly were a threat to persons on school property.
4. If the above outline is followed, the rights of Susan and her parents were followed according to the Fourteenth Amendment and the safety of persons on school property would be restored. I think that for an expulsion there should be undisputable evidence supporting the expulsion and safety of others on school property.
5. The essential focus of due process is fundamental fairness. What may be fair in one case may be unfair in another depending on the circumstances of the infraction or infractions. In a suspension, there does not need to be a delay between the notice of the hearing and the actual hearing. In an expulsion the student and parents must be given notice of the hearing well in advance of the actual hearing.
1. You will need to make sure you have all of documentation necessary to support expulsion and that you have followed the code of conduct.
ReplyDelete2. I agree with the procedure Laura has laid out. All incidences should be documented and you must be sure to follow due process.
3. I believe the courts will support the expulsion if all steps have been implemented correctly and you have met the standards of due processs and ensured the rights of the student.
4. By following the steps laid out, the standards of due process are met, and you have ensured the constitutional rights of students are protected.
5. With expulsion the parents have the right to inspect evidence and present it on behalf of the student and to call witnesses.
1. I agree that in this case all documented evidence will need to be provided in order to proceed with an expulsion hearing.
ReplyDelete2. I agree with Laura’s outline for due process to ensure the student’s rights are not being violated.
3. I believe the courts will find in favor of the due process outline provided by Laura in her response.
4. The student presented safety concerns that were in conflict with the safe schools act.
5. With suspensions there has to be efforts made to remedy alleged misbehavior, this does not have to be the case in expulsions. Expulsions additional procedural steps need to be considered: right to inspect evidence, the right to present evidence on student’s behalf, the right to call witnesses, the right to cross-examination and to confrontation and the right against self-incrimination.