ERIC Number: ED268677
Record Type: RIE
Publication Date: 1985
Reference Count: 0
Academic Penalties for Student Misconduct.
Hooker, Clifford P.
A review of court opinions on school discipline suggests that the use of academic penalties as a sanction for student misconduct is widespread and increasing. In 12 cases during the past decade examined in this chapter, students won 5 and lost 7. In challenges of school board policies that assess academic penalties for truancy, students won in three and lost in four cases. In challenges of policies that include grade reduction with suspensions, students won in two and lost in three cases. Despite the lack of congruency between court opinions, some observations can be made. Courts are loath to intrude in matters that are purely academic; when academic sanctions are used as a disciplinary response, they are subject to legal challenges as violative of substantive or procedural due process. Most courts require a rational connection (nexus) between the academic sanction and the conduct of the student. In addition, school rules that impose academic sanctions for student misconduct are most likely to be upheld if they incorporate the following guidelines: (1) explicit policies should be made known to the students; (2) the policy should permit students to take final examinations; (3) academic penalties should be limited to those serious offenses that also result in suspension from school; and (4) school policies shoud meet minimum standards of due process. (MLF)
Publication Type: Opinion Papers; Reports - Descriptive
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: In: Jones, Thomas N., Ed., and Semler, Darel P., Ed. School Law Update 1985. National Organization on Legal Problems of Education, 1985 (ED 018 409).