ERIC Number: ED123740
Record Type: RIE
Publication Date: 1976-Apr
Reference Count: 0
Will Your Due Process Procedures Keep You Out of Court?
Purtle, John I.
Students do not leave their constitutional rights at the boundary of the school grounds. We would never send anyone to prison without a trial; to a lesser degree, expulsions and suspensions are in the same category. Your due process procedures should at least give a student (1) notice of the charges, (2) opportunity to be heard, and (3) opportunity to present witnesses. Private and parochial students are not guaranteed these rights. No matter how valid your procedure, you could still be in trouble if you violate a student's clearly established constitutional rights or if you act with malice. The more severe the penalty, the more elaborate your procedure should be. However, you are not required to set up a court-type hearing with cross-examination of witnesses by counsel. School officials generally have the right to inspect such school property as desks, lockers, rooms, and buses whenever they feel it necessary. However, generally a search warrant is necessary before a person or his premises may be searched. There is no rigid rule by which all conduct can be controlled, but if you are reasonable and evenhanded, you probably have no reason to fear taking whatever action you believe is in the best interest of the school. (Author/JG)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National School Boards Association (San Francisco, California, April 10-13, 1976)