1975+Goss+v.+Lopez


 * Summary: ** Lopez, a student in Columbus Ohio, was suspended from school with at least seventy-five other students who were conflicting with school administrators over who would speak from the community during an assembly during Black History week. The suspensions were to last ten days. No hearing took place prior or after the suspension, so Lopez had not been given the opportunity to affirm or deny his participation. A state law required the principal to notify parents within twenty-four hours of a suspension for up to ten days, and provide the reasons for the suspension. The administrators claimed there was no federal constitutional right to a free education, they didn't need to follow due process procedures. The Supreme Court ruled for the students, saying that once the state provides an education for all of its citizens, it cannot deprive them of it without ensuring due process protections, stating:

If charges are sustained and duly recorded, they could seriously damage students’ standing in the school as well as interfere with future opportunities to pursue an education or employment. It is apparent that the right claimed by the state to determine unilaterally without due process that misconduct has occurred collides with the requirements of the constitution.




 * Impact on today’s classroom: ** Whenever disciplinary action is taken against students where students are suspended up to ten days, it would be wise for administrators:

In our district "Nebo" anytime that the student will go up to or over 10 days it is referred to the district. I have only heard of this happening a couple of time from our school.


 * 1) Give student notice of the misconduct
 * 2) Give student an opportunity for a hearing regarding the misconduct
 * 3) Give student the right to explain his or her side of the story

For suspensions more than ten days, a school leader should provide students and opportunity for full protection of due process including:


 * 1) Notice of charges
 * 2) Prior notice of hearing
 * 3) Right to legal counsel at all appropriate stages
 * 4) Hearing before impartial party
 * 5) Right to compel supportive witnesses to attend
 * 6) Right to confront and cross-examine adverse witnesses and/or to view and inspect adverse evidence prior to hearing
 * 7) Right to testify on one’s own behalf
 * 8) Right to have a transcript of proceedings for use on appeal

____www.uscourts.gov____