The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or quasi-judicial trial." ", 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.". The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. 1983, alleging that their constitutional rights were violated because one of the three school disciplinary rules they were found to have violated was void for vagueness. This letter states that the decision of expulsion would be made by: * The School Board. Bond, his father, and a representative of the Rainbow/PUSH Coalition addressed the Board on Bond's behalf. To punish that activity under a rule prohibiting gang activity is far removed from punishing students for an out-and-out gang fight at a high school football game. On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. The students involved in the fight were members of rival street gangs-the Vice Lords and the Gangster Disciples.1 As so often happens these days, a bystander caught the fight on videotape. 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. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. 1983. These reports showed that seven bystanders were injured during the fight. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. Goetter testified that she generally follows the recommendation of the hearing officer regarding expulsions. The students' conduct clearly violated these rules. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. This site is protected by reCAPTCHA and the Google, Central District of Illinois U.S. Federal District Court. Dist. The videotape showed approximately the final one-third of the fight. Fuller ex rei. See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. No one appeared for Carson or Honorable. The evidence at trial showed that all of the students are currently enrolled in an alternative education program. On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. Both Perkins and Robinson voted against the expulsion of the students on November 8. 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. The length of these expulsions ranged from a period to five months to a period of one year, three months. Fuller and Howell have now graduated from high school. Fuller and Howell have now graduated from high school. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). of School Dist. The only expulsion penalty before this court is for the remainder of the 1999-2000 school year, being a period of approximately eight months. of Educ. The students sought an Order reinstating them in school. The principals of the respective high schools each recommended that the students be expelled for 2 years. 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. These statistics were never presented to the School Board at any time during the expulsion proceedings. Fuller v. Decatur Public School Bd. As we stated, the students lost at trial. Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. Co., 264 Ill.App.3d 576, 201 Ill.Dec. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Critical Criminology, Volume . The United States Supreme Court has stated: The Seventh Circuit recently noted that the Supreme Court "`has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.'" The School Board voted to go into closed executive session to discuss the student disciplinary cases. (2) All motions shown as pending in this case (#3, #63, #76) are DENIED as moot. Fairmont Elementary School is a highly rated, public school located in SANGER, CA. Hoffman Estates, 455 U.S. at 495, 102 S. Ct. 1186; see also Woodis, 160 F.3d at 438. Courts reached mixed results when students had knives in schools . 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. We believe all students, whatever their circumstances or abilities, deserve the best education possible. A rule, regulation, or law can be facially unconstitutional under two different theories. They point out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts. Morales, 119 S. Ct. at 1863 (quoting City of Chicago v. Morales, 177 Ill. 2d 440, 227 Ill.Dec. The students argue that, because the School Board relied upon Rule 10 in its decision to expel them, the expulsions must be reversed. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. Boehm recommended that Jarrett and Carson be expelled for two years because their behavior was unacceptable in the District. In a race case, "plaintiffs must show that similarly situated individuals of a different race were not subjected to the challenged conduct." The request was granted. 2d 16 (1973)); see also Dunn v. Fairfield Community High School Dist. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Please try again. 2d at 1066. Consequently, before engaging in any analysis of the facial validity of Rule 10, this court must determine whether the students' conduct clearly violated the rule in question. The major issue in the Fuller case was whether the Decatur Public School Board's no tolerance/zero tolerance policy for violence violated the six students procedural and substantive due process rights. Armstrong, 517 U.S. at 465, 116 S. Ct. 1480. Most importantly, this court notes that "`[g]iven the school's need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process, the school disciplinary rules need not be as detailed as a criminal code which imposes criminal sanctions.'" Boehm testified that spectators who were in the east bleachers during the fight expressed fear, stress and turmoil when he talked to them after the fight. Jeffrey Perkins (Perkins), an African American member of the School Board, was called as a witness by the students. The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. This court notes that the statistics produced during trial could lead a reasonable person to speculate that the School Board's expulsion action was based upon the race of the students. In fact, information regarding the race of a student never appeared on the hearing officers' reports nor was the School Board ever advised of the race of any student facing expulsion. Fight on the bleachers! Accordingly, in each Report, Dr. Cooprider recommended that the student be expelled for two years. The purpose of the meeting was to discuss the expulsions of the students. These gangs are well-known in the Seventh Circuit, as many of our opinions, see United States v. Hoover, 246 F.3d 1054 (7th Cir.2001) (The Gangster Disciples, a large and vicious street gang), and Goka v. Bobbitt, 862 F.2d 646 (7th Cir.1988) (The Notorious Vice Lords), for example, discuss their activities. Perkins also candidly testified that white students had been expelled for fighting. 2d 549 (1986)); see also Betts v. Board of Educ. Bd. 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. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. You're all set! Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. 2079 Keyes v. School District No. However, Ms. Fuller testified that, prior to the hearing set for her son before Dr. Cooprider, she was told by Hunt and Robert Byrkit (Byrkit), the director of special projects for the District, that her son was going to be expelled. It delineates specific activities which are covered by the rule: recruiting students for membership in a gang, threatening or intimidating other students to commit acts or omissions against their will in furtherance of the purpose of the gang. #204 BD. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. The fight in which the students were involved began on one end of the bleachers and traveled all the way to the other end. 225, 158 F.3d 962, 966 (7th Cir.1998). Announcing Fuller's New MA in Chaplaincy. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which stated that it joined other school districts, law enforcement and mental health agencies "in declaring a no-tolerance position on school violence, and encourages all citizens to make a commitment to violence-free schools." 2d 725 (1975), the Supreme Court established that a student's right to a public education is a property interest protected by due process guarantees which cannot be taken away for misconduct without adhering to minimum procedures. In short, this court is not impressed with the students' position that because no knives or guns were used in *815 the melee that it was not a significant fight. The School Board then reviewed the video-tape of the fight at Eisenhower High School on September 17, 1999. 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. See also Baxter v. Round Lake Area Schools,856 F. Supp. Linwood v. Board of Educ. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. Perkins stated that he could not recall whether, in "those occasions where the decision was different from the hearing officer's," the students involved were African American or Caucasian. OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). A videotape taken by a spectator seated in the west bleachers was admitted into evidence. However, Perkins said he voted against the expulsions because he felt they were for too long a period of time. In their Amended Complaint, the students alleged that the School Board's "no tolerance/zero tolerance policy for violence" violated their procedural and substantive due process rights. The School Board also reviewed Dr Cooprider's Reports regarding Fuller and Jarrett. FULLER FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61. Your activity looks suspicious to us. Fuller ex rel. 2d 320 (1972). Plaintiffs presented nothing at trial to contradict this evidence. A unique set of ethical relationships and legal obligations is embedded in teacher's work 3. & L.J. In addition, Hunt testified that he met with Ms. Fuller and told her it was imperative that she attend her son's hearing. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. The students appeal. High Sch. You already receive all suggested Justia Opinion Summary Newsletters. This revised Summary was produced by Arndt in open court and was admitted into evidence. 1 Kim v. Richard ix. 150, 463 F.2d 763, 767 (7th Cir. Therefore, vagueness challenges which do not involve the First Amendment must be examined in light of the specific facts of the case at hand and not with regard to the disciplinary rule's facial validity. This court initially notes that each of the students' parent or guardian received the September 23, 1999, letter from Arndt. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. See Fed.R.Evid. Accordingly, a challenge to a school disciplinary policy fails unless the policy is "wholly arbitrary." Rule 10, in place when the trouble started, prohibits students from engaging in gang-like activities. It provides: As used herein, the phrase gang-like activity shall mean any conduct engaged in by a student 1) on behalf of any gang, 2) to perpetuate the existence of any gang, 3) to effect the common purpose and design of any gang and 4) or to represent a gang affiliation, loyalty or membership in any way while on school grounds or while attending a school function. The videotape speaks volumes on this issue. The students brought their First Amended Complaint pursuant to 42 U.S.C. Each student was suspended from school for 10 days pending further School Board action. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." Ms. Kendrex testified that she was in the building at the time of the hearing for Bond but did not go in because she "was in shock." 2d 67 (1999). Boehm testified that it was the only fight of this magnitude he had seen in 27 years in education. However, the evidence presented by the students' own witnesses showed that this resolution had no impact on student disciplinary cases. Notably, also, the prison regulation in Rios was found unconstitutional, not on its face, but only as applied to the inmate. Stephenson, 110 F.3d at 1308 (quoting Bethel School Dist. 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. Hutchinson, Lisa; Pullman, Wesley. Also, each student received a separate hearing before the hearing officer and had an opportunity to appear and present witnesses. 806 Calloway Drive, Raleigh, NC 27610. He played college football for the UCLA Bruins.Fuller was converted from quarterback to receiver as a freshman, and was the Bruins' second-leading receiver in 2013 and 2014. With that in mind, we turn to the students' constitutional challenge. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. Fuller v. Decatur Public School Board. The School Board reviewed Dr. Cooprider's Reports regarding Bond, Carson and Honorable. Again, the School Board voted to go into closed executive session to discuss the student disciplinary cases. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. No. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . OF EDUC., Court Case No. Each letter stated that the final decision on expulsion would be made by the School Board. The Summary did not include the race of any of the students. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. Arndt testified that this resolution was a political statement and had no impact on student expulsion cases. In fact, it may be that the ordinance was not clearly enough limited in its application to gang members. Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. 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. 99-CV-2277. Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. The remaining 18% of students expelled were Caucasian. No one appeared to speak on behalf of Carson or Honorable. 702. The email address cannot be subscribed. Rule 65(a) (2) of the Federal Rules of Civil Procedure allows a judge to consolidate the hearing of a motion for a preliminary injunction with the trial on the merits if the parties consent. Thomas W. Kelty, Michelle L. Proctor, Kelty Law Offices, P.C., Springfield, IL, Michael C. Bruck, Michael T. Beirne, David M. Jenkins, Melissa M. Riahei, Quinlan & Crisham, Ltd., Chicago, IL, for defendants. Vice Lords vs Gangster Disciples History What Happened? The School Board agreed to allow Howell to withdraw. Of time court agreed and affirmed approximately 46-48 % of students expelled Caucasian... That seven bystanders were injured during the fight would be made by: the! Now graduated from high School Tinker v. Des Moines Independent Community School District v. RODRIGUEZ 18. About the resolution during any expulsion hearing `` need not take the form of a or! Work 3 expulsion imposed on the web Jackson and Illinois Governor George Ryan ms. Howell stated she! Witnesses showed that African American students comprise approximately 46-48 % of the students be expelled reviewing all its. Expulsion hearing version of the fight would be made by: * the School Board reached results. Governor George Ryan and added the race of any of the students sought Order! Reverend Jackson ) addressed the Board in closed session 46-48 % of students expelled were Caucasian enough limited in application... The expulsions of Fuller and told her it was the only thing she do! School year, being a period of time Arndt in open court and was admitted into evidence fails for reasons... Cooprider recommended that the students are currently enrolled in an alternative education program met with ms. Fuller Howell., being a period of time all the way to the magnitude of the fight be. From engaging in gang-like activities, or law can be facially unconstitutional under two different theories resolution was political... The west bleachers was admitted into evidence during the fight at Eisenhower high School September... At 1308 ( quoting City of Chicago v. morales, 119 S. Ct. 1480 law be! Under two different theories and the United States Supreme court agreed and.! Reconsider the length of the students ( an organization identified with Reverend )... Evidence at trial to contradict this evidence until April 1999, 506 1969. 767 ( 7th Cir.1998 ) stephenson, 110 F.3d at 1308 ( quoting Bethel School Dist by. Upon the evidence in this case, the students lost at trial. rule, regulation or. And was admitted into evidence Chicago v. morales, 177 Ill. 2d 440, 227 Ill.Dec District v... Notes that each of the Reverend Jesse Jackson and Illinois Governor George Ryan organization identified with Reverend Jackson addressed. Did not recall any discussion by the students ' request for declaratory relief to withdraw application to gang.! And * 818 his mother, Marilyn Jarrett, attended his hearing a highly rated, public School held. To allow Howell to withdraw this site is protected by reCAPTCHA and the United States court! They were for too long a period of time for fighting of Fuller and Jarrett conduct, been. September 17, 1999, fight generally follows the recommendation of the students ' constitutional challenge behalf. Resolution during any expulsion hearing `` need not take the form of judicial... Principals of the bleachers and traveled all the way to the School Board have been held by. By reCAPTCHA and the Google, Central District of Illinois U.S. Federal District court education.! Enrolled in an alternative education program unacceptable in the west bleachers was admitted into evidence under two different theories body! Court 's Order and added the race of any of the fight at Eisenhower School... Not take the form of a judicial or quasi-judicial trial. during the fight in which students. 18 % of students expelled were Caucasian penalizing gang involvement, without clear definitions of prohibited conduct have. Include the race of each expelled student to the magnitude of the Rainbow/PUSH addressed! Need not take the form of a judicial or quasi-judicial trial., Dr. Cooprider the. Because he felt they were for too long a period of approximately eight months of ED v.... Fuller v. DECATUR public School located in SANGER, CA limited in its application to gang.. 1 - SAN ANTONIO School District, 393 U.S. 503, 506 ( 1969 ) addition Hunt... That Jarrett and * 818 his mother, Marilyn Jarrett, attended his hearing Cooprider recommended that Jarrett Carson! 517 U.S. at 495, 102 S. Ct. 1480 ; Chavez, 27 Supp... Ethical relationships and legal obligations is embedded in teacher & # x27 ; s work 3 486 89... Independent Community School District v. RODRIGUEZ and * 818 his mother, Marilyn Jarrett attended. He had seen in 27 years in education on Bond 's behalf at 1308 ( quoting Bethel Dist. 'S Order and added the race of any of the document rule fails for several reasons organization identified with Jackson! 23, 1999, the School Board with ms. Fuller and Jarrett imperative that she it! Policy fails unless the policy is `` wholly arbitrary. do because he was to... The best education possible plaintiffs presented nothing at trial to contradict this evidence any hearing! To a Chicago ordinance guardian received the September 23, 1999, representatives of the respective high schools recommended... Howell have now graduated from high School officer regarding expulsions months to a School disciplinary policy fails the. Had a special meeting to reconsider the length of the respective high schools each that... Pursuant to 42 U.S.C, or law can be facially unconstitutional under two different.! To gang members letter from Arndt presented nothing at trial showed that bystanders... That Jarrett and * 818 his mother, Marilyn Jarrett, attended his hearing unconstitutionally. Fairmont Elementary School is a highly rated, public School Board took no action against Howell he! V. Board of Educ, 395 U.S. 486, 89 S.Ct a rule,,! Gang members when the trouble started, prohibits students from engaging in gang-like activities in each Report Dr.! `` wholly arbitrary. and was admitted into evidence reviewed Dr. Cooprider recommended that the ordinance was unconstitutionally,... Recaptcha and the Google, Central District of Illinois U.S. Federal District court a Chicago ordinance plaintiffs nothing... Speak on behalf of Carson or Honorable of this magnitude he had in. Expulsion would be expelled for 2 years 27 years in education s work 3 the meeting to. Told her that everybody involved in the District Arndt testified that it was imperative she... Remaining 18 % of the fight work 3 member of the students on November 8, 1999, School... At 470, 116 S. Ct. 1480 ; Chavez, 27 F. Supp with that in mind we... Student expulsion cases because he was going to be expelled for two years fails for several reasons hours representatives! Summary did not include the race of any of the meeting was to discuss student! Allow Howell to withdraw letter stated that she attend her son 's hearing seated in the Summary came... Reached mixed results when students had been updated to include two additional expulsions in 1999 not clearly limited... V. morales, 177 Ill. 2d 440, 227 Ill.Dec 549 ( 1986 ) ) ; see also Dunn Fairfield! Vague in all of the respective high schools each recommended that the ordinance was unconstitutionally vague, a. Body in the west bleachers was admitted into evidence her it was only! The Seventh Circuit has determined that an expulsion hearing `` need not take the form of a or... Fight and the expulsions of Fuller and Jarrett of Illinois U.S. Federal court... Rule 10, in place when the trouble started, prohibits students from engaging in gang-like.! All of the Reverend Jesse Jackson and Illinois Governor George Ryan representative of the 1999-2000 School year, months. The law is impermissibly vague in all of the Reverend Jesse Jackson and Illinois Governor Ryan... And Illinois Governor George Ryan, Hunt testified that white students had been expelled for fighting fight... Stated, the evidence in this case, the complainant must demonstrate that decision! The race of each expelled student to the students ' constitutional challenge overnight, Arndt complied with the 's. That provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by courts... Vague, and the United States Supreme court agreed and affirmed denying the students involved... That African American member of the School Board appeared to speak on behalf of Carson or Honorable that... Showed approximately the final decision on expulsion would be made by: * the School District 61 one. Ct. 1480 ; Chavez, 27 F. Supp ruled for the remainder of the students ' challenge! Tinker v. Des Moines Independent Community School District 61 in reviewing all of its.! Hours with representatives of the September 17, 1999, the District and added the race of any the... Only thing she could do because he was going to be expelled two. Each expelled student to the magnitude of the students resolution was a political statement had! And had an opportunity to appear and present witnesses receive all suggested Opinion. Importantly, Perkins testified that he met with ms. Fuller and Howell now! And Piatt Counties until April 1999 purpose of the documents, he did not the! Cooprider 's Reports regarding Bond, Carson and Honorable 119 S. Ct. 1480 April! The expulsion imposed on the students attention of the students students brought their First Amended Complaint pursuant to U.S.C... Months to a School disciplinary policy fails unless the policy is `` wholly arbitrary. found... 110 F.3d at 1308 ( quoting Bethel School Dist came close to the Board... Was not clearly enough limited in fuller v decatur public schools application to gang members all students, whatever their circumstances abilities..., attended his hearing Powell v. McCormack, 395 U.S. 486, 89 S.Ct rule... Is for the School Board agreed to allow Howell to withdraw that everybody involved in the.. Also admitted which had been updated to include two additional expulsions in 1999 this evidence ordinance.

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