GOSS V LOPEZ SUPREME COURT ARGUED OCTOBER 16

GOSS V. LOPEZ SUPREME COURT ARGUED OCTOBER 16, 1974 DECIDED JANUARY 22, 1975 SABRINA JOHNSON AND LISA KIMBLE EDUCATIONAL LAW OAKLAND UNIVERSITY SUMMER 2015

FACTS OF THE CASE • Nine students at two high schools and one junior high school in Columbus, Ohio, were given 10 -day suspensions from school. • The school principals did not hold hearings for the affected students before ordering the suspensions, and Ohio law did not require them to do so. • The principals' actions were challenged, and a federal court found that the students' rights had been violated. • The case was then appealed to the Supreme Court.

FACTS OF THE CASE • The Ohio Revised Code allows a school principal to suspend a pupil for up to 10 days or expel him/her for misconduct. • If the student is expelled he/she is entitled to a hearing that could lead to his/her reinstatement. However, if the student is just suspended, there is no provision for a hearing or reconsideration of the suspension. • The Appellees, Lopez and others (Appellees) were all suspended from the Columbus Public School System for up to 10 days, each without a hearing. • Having chosen to extend the right to an education to public school students, a state may not withdraw that right on grounds of misconduct absent fundamentally fair procedures to determine whether the misconduct has occurred.

SYNOPSIS OF THE LAW Rule of Law - Student’s have a legitimate property right in their education, which is protected by the Due Process Clause. This right cannot be taken away without appropriate procedural hearings.

WHAT WAS THE MAIN ISSUE? Did the Columbus Public School System violate the Appellees’ due process rights when it suspended each without having a hearing?

THE DECISION Yes! In a 5 -to-4 decision, the Court held that because Ohio had chosen to extend the right to an education to its citizens, it could not withdraw that right "on grounds of misconduct absent fundamentally fair procedures to determine whether the misconduct ha[d] occurred. " The Court held that Ohio was constrained to recognize students' entitlements to education as property interests protected by the Due Process Clause that could not be taken away without minimum procedures required by the Clause. The Court found that students facing suspension should at a minimum be given notice and afforded some kind of hearing.

WHAT DOES THE PONTIAC STUDENT CODE OF CONDUCT SAY ABOUT DISCIPLINARY HEARINGS? • All students charged with a violation of any school rule shall be given a hearing. • An “Informal” hearing shall be conducted before a short-term suspension (up to 10 days). • A “Formal” hearing shall be conducted before a long-term suspension (10 or more days) or request for exclusion (expulsion).

THE INFORMAL HEARING • Student will receive oral or written notice of charge(s). • Investigation conducted by principal to obtain all relevant information. • Administrator should provide an explanation of the evidence against the student. • Student may tell their side of the incident, and if relevant, the administrator should check on any conflicting information. • Administrator may permit testimony from other witnesses. • Building principal’s decision is final. • For Special Education students, an Individual Education Planning Committee (IEPC) meeting must be held when a student has an accumulation of ten (10) short-term suspension days

THE FORMAL HEARING • Student will receive written notice of charge(s) and notice of time, place and date of the hearing. • Student may bring an advisor (attorney) and present witnesses. • Student has the opportunity to confront and cross-examine the accuser or witnesses. • Student has the right to an impartial hearing officer. • A Hearing Officer will determine if due process has been followed and if the charges are true or not true. • If charges are true, the grade level principal will decide on the discipline. • Written notice of the decision will be sent to the parents of the student.

DISCIPLINARY APPEAL PROCESS A student or parent may appeal the due process proceedings and/or the severity of the punishment.

SHORT TERM SUSPENSION APPEAL • The appeal of the decision made by grade level principals must be made to the building principal. • An appeal may be made by letter or telephone call. • The decision of the building principal is final.

LONG TERM SUSPENSION APPEAL • The appeal process will be written into the Hearing Officer’s report. • An appeal can be made only to the Executive Director of Student Services (451 - 7527) within five (5) days of receipt of hearing decision. • An appeal may be made by letter or telephone call. • The Executive Director will consult with the building principal concerning the punishment. • The student/parent can request a face to face meeting to review and challenge the results of the formal hearing. • The Executive Director will make a determination concerning due process and/or severity of the punishment.

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