Howell and his mother attended, along with a representative of the NAACP, Jarrett and his mother attended his hearing, and Bond attended with his guardian and his uncle, Reverend Mark Bond. Reverend Jesse Jackson was allowed to address the School Board. Because the period of expulsion has ended, the students recognize that any remedy is necessarily limited, but they seek an order sending the case back to the district court for a determination whether expungement of the disciplinary records is an appropriate remedy. Roosevelt Fuller (Fuller) and Errol Bond (Bond) were students at Stephen Decatur High School; Gregory Howell (Howell) and Shawn Honorable (Honorable) were students at Eisenhower High School; and Terence Jarrett (Jarrett) and Courtney Carson (Carson) were students at MacArthur High School. Dunn, 158 F.3d at 966. The court determined in that case, where the expelled student did not engage in any kind of violent activity, that the district court did not adequately consider the potential harm to the Board's authority to take disciplinary action for what it believed to be a serious threat to school property. Hunt (Hunt), director of human resources for the District, also testified that he was present at the game. The six plaintiffs were identified and suspended for 10 days pending further action of the School Board. Hutchinson, Lisa; Pullman, Wesley. In Fuller v. Decatur Public School, the court notes that each of the students' parents or guardian received a letter from Superintendent Ardnt on the topic of expulsion. The School Board then reviewed the video-tape of the fight at Eisenhower High School on September 17, 1999. Howell, his mother, and Dr. Jeanelle Norman appeared and asked that Howell be allowed to with draw from school rather than having the disciplinary hearing. A. Arndt also testified that the other students will be allowed to re-enroll in their regular high schools at the end of the 1999-2000 school year. Fuller ex rei. Because of the violent nature of the fight, a portion of which was captured on videotape, approximately one-half of the spectators in the bleachers scattered and left the stands to avoid confrontation and possible injury. Critical Criminology, Volume . For that reason, the court gave the students wide latitude to fully present their evidence at trial. E. DUC. Each student was suspended from school for 10 days pending further School Board action. Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. The students sought an Order reinstating them in school. 1 Kim v. Richard ix. FULLER FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61. In addition, no one attended the hearings on their behalf. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. The letter also stated that the administration was recommending that the student be expelled for two years. He further stated that he had "come to know `zero tolerance' as a special approach or program either here or somewhere else , that would be a part of a, a philosophy and an organized approach as opposed to people just saying they have no tolerance for something. It is doubtful whether rule 10 proscribes behavior which is protected under any constitutional provision. Accordingly, Dr. Amprey's testimony has been considered by this court and was found to be candid and truthful. Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. The evidence presented to this court showed that the high school principals, Superintendent Arndt and the School Board followed all of the procedures set out in their Discipline Policy. If the School Board had failed to take action against these students or otherwise ignored their conduct at the game, the students who were not involved in the fight, as well as the citizens of Decatur, might be led to believe that the School Board was unable to control conduct in the schools. The evidence further showed that the fight on September 17, 1999, was a continuation of this conflict and was a fight between members of these two rival gangs. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. Robinson was never called by the students to testify at trial as an adverse witness. Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. On November 8, 1999, School Board President Jacqueline Goetter (Goetter) and other representatives of the District, including Arndt, were involved in an eight-hour meeting with representatives of the Rainbow/PUSH Coalition and Governor George Ryan. We believe all students, whatever their circumstances or abilities, deserve the best education possible. OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). Bd. 1972), cert. Dr. Walter Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students and did not recall ever seeing the term "zero tolerance.". Roosevelt Fuller (Fuller) and Errol Bond (Bond) were students at Stephen Decatur High School; Gregory Howell (Howell) and Shawn Honorable (Honorable) were students at Eisenhower High School; and Terence Jarrett (Jarrett) and Courtney Carson (Carson) were students at MacArthur High School. Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. ACADEMICS Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Obviously, from this evidence, Dr. Cooprider and the School Board could clearly find that the students involved violated the prohibition against "gang-like activity." However, this court cannot make its decision solely upon statistical speculation. In light of the clear notice of the hearings provided to the students' parents or guardians, this court concludes that the evidence presented does not establish that school administrators either intended to discourage the students' parents from attending the hearings or violated any of the students' procedural due process rights. These hearings took place on September 27, 28 and 29, 1999. See also Wiemerslage Through Wiemerslage v. Maine Tp. Traditional Public Charter Magnet. In Goss v. Lopez,419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. The court observed the testimony of both Hunt and Byrkit and finds them to be credible witnesses. On the other hand, in our case, the rule on its face and certainly as applied to these students prohibits threatening and intimidating actions taken in the name of a gang. After the fight ended, Boehm and Hunt were following three students suspected of being involved in the fight. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. Website. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. Dunn, 158 F.3d at 965. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. This court firmly believes that the citizens and students of Decatur should be able to go to a high school football game and watch the contest on the field without worrying about a violent confrontation erupting in the stands which could engulf them in the conflict. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. & L.J. He stated that he said nothing to Ms. Howell "that would lead her to believe that it was a foregone conclusion" that her son would be expelled. According to Boehm, when the fight was over, the bleachers were approximately one-half full. No one appeared for Carson or Honorable. After further consideration of Defendants' Bench Memorandum Regarding Expert Testimony (# 72), the students' Response (# 79), and Defendants' Memorandum in Further Support Regarding the Testimony of Dr. Amprey (# 85), this court has concluded that Dr. Amprey's testimony is admissible. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. others." No. The School Board also reviewed Dr Cooprider's Reports regarding Fuller and Jarrett. 1998) (quoting Tinker v. Des Moines Indep. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . School Dist. This court will not speculate as to what the outcome of this case would have been if the record had concluded following the October 1, 1999, and October 4, 1999, expulsion hearings when five of the students were expelled for two calendar years. You can explore additional available newsletters here. After reviewing the evidence presented at trial, this court finds that the students have failed to meet their burden of proof on all issues presented and are not entitled to a declaratory judgment or injunctive relief. Fuller v. DECATUR PUBLIC SCHOOL BD. Google Scholar. This court also concludes that the students' reliance on Stephenson is misplaced. Defendants argued that Dr. Amprey's testimony was not admissible under Daubert v. Merrell Dow Pharmaceuticals, Inc.,509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. This letter states that the decision of expulsion would be made by: * The School Board. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or 47 Citing Cases From Casetext: Smarter Legal Research Linwood v. Bd. In Morales, defendants who were convicted of violating Chicago's gang loitering ordinance and were sentenced to jail terms appealed, arguing that the ordinance was unconstitutionally vague. A court must look for an abuse of power that "shocks the conscience." They may be readmitted beginning with summer school, June 2000. Fuller v. Decatur Public School Bd. Again the Board reviewed the videotape. On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. Stephenson, 110 F.3d at 1308 (quoting Bethel School Dist. A separate hearing was held before Dr. David O. Cooprider (Dr. Cooprider) for each of the students. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! Boucher v. School Bd. 2d 362 (1982), the United States Supreme Court cautioned courts to "examine the complainant's conduct before analyzing other hypothetical applications of the law." A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. 2. Scott testified that he did not tell Ms. Howell that her son was going to be expelled. game (Fuller ex rel. This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. This court concludes that its inquiry and final decision in this case must be based upon the School Board's action on November 8, 1999, when the expulsions of the five students were reduced to a period of approximately eight months and the students were given the opportunity to enroll in an alternative education program. & L.J. 99-CV-2277 in the Illinois Central District Court. 99-CV-2277. Because of the fight, the spectators in the east bleachers were scrambling to get away. Your activity looks suspicious to us. By thoroughly completing these procedural steps, the School Board has sufficiently complied with the procedural due process requirements of the law. You already receive all suggested Justia Opinion Summary Newsletters. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." Decided: May 24, 2001 Before RIPPLE, KANNE, and EVANS, Circuit Judges. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. Stephenson, 110 F.3d at 1310. Each letter stated that a hearing had been set before a hearing officer, gave the date, time and location of the hearing, and stated that the parent or guardian and the student "are herewith requested to appear" at the scheduled hearing. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . A document was signed by Howell and Ms. Howell which stated that Ms. Howell was voluntarily withdrawing her son from school, in lieu of having an expulsion hearing. Dunn, 158 F.3d at 965. The situation is different from that in Rios v. Lane, 812 F.2d 1032 (7th Cir.1987), in which we found a prison regulation unconstitutional as applied to an inmate who copied information from an authorized prison newspaper and disseminated the copies. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. However, the cases cited by the students do not support this proposition. Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. 207, 29 F.3d 1149 (7th Cir.1994). 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. Second, this court concludes that the students did not present any evidence which established that the School Board's decision to expel them for engaging in violent behavior was in any way based upon race. ", From the testimony presented at trial, including the testimony of Dr. Amprey and School Board member Perkins, the court finds nothing in the record indicating that the August 25, 1998, resolution constituted a "zero tolerance policy.". It is questionable whether it involves free speech rights. Private Schools. of City of Chicago, 466 F.2d 629, 633 (7th Cir.1972); Baxter, 856 F. Supp. In fact, it may be that the ordinance was not clearly enough limited in its application to gang members. Whatever is true of other rules, rule 10 is not devoid of standards. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. Perkins further candidly and truthfully testified that he could not say that he thought about the August 25, 1998, resolution when he was voting on student expulsions. Just because no weapons other than fists and feet were used by the students does not mean that innocent bystanders were not harmed, frightened and forced to flee the stands to avoid serious injury. 225, 158 F.3d 962, 966 (7th Cir.1998). Letters were sent to the students' parents noticing a hearing date and stating that the students were charged with violating three disciplinary provisions, copies of which were attached to the letter. The students clearly violated these two rules and substantial evidence was presented in support of the School Board's action on these matters. Because of the efforts of the Rainbow/PUSH Coalition and the intervention of Governor George Ryan, the School Board reconsidered its decision and reduced the expulsions of the five students from two calendar years to the balance of the 1999-2000 school year. Arndt further stated that he was unable to obtain that information from the School Board's records because the race of students was never indicated at any time to the School Board. See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. Chavez v. Illinois State Police,27 F. Supp. 150, 463 F.2d 763, 767 (7th Cir. Public High Schools. of EDU. This court agrees. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. 2d 1053, 1069 (N.D.Ill.1998). Fuller, his mother, and Reverend Bond attended and also addressed the Board. However, Perkins said he voted against the expulsions because he felt they were for too long a period of time. Student had a hearing before the School Board persons from the Rainbow/PUSH Coalition were allowed to address School! And suspended for 10 days pending further action of the fight, the students ' on. To Boehm, when the fight at Eisenhower High School on September 17, 1999 already... 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