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13 Cards in this Set
- Front
- Back
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Four Sources of U.S. law
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Constitutions
Statutes Case Law Administrative Rules |
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Date & Name of Amendment of U.S. Constitution that serves as the basis of due process rights in dismissals from public schools.
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14th Amendment adopted in 1866.
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Relevant text of the applicable amendment.
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"No state shall deprive any person of life, liberty or property without due process of law."
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Name & date of first U.S. Supreme Court addressing student disciplinary dismissals
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Dixon v. Alabama. 1961.
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Facts & holding of Dixon v. Alabama
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African American students summarily expelled after a civil rights protest.
Court held due process violated. At minimum 14th A required notice of charges, opportunity for decision maker to hear both sides, notice of witnesses, opportunity to testify, report of findings. |
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Name & date of landmark U.S. Supreme Court case addressing due process rights in suspension.
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Goss v. Lopez. 1975
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Requirements for 14th Amendment to apply to a situation.
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1)State Action
2)Deprivation (Life, Liberty or Property) 3)Process Due |
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Facts & holding in Goss v. Lopez.
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75 high school students suspended without hearings after engaging in a variety of behavior at a civil rights protest.
Court held due process rights violated. Students entitled to a hearing and notice. Hearing could be post-suspension. |
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Additional generally accepted principles of due process in disciplinary dismissals from public schools.
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Written Notice
Impartial Decision Maker Right to Cross Examine (but not necess. directly) Timely Notice Right to a Record Follow policy/admin rules Right to an advisor Opportunity to be heard NO RIGHT TO WAIT FOR CRIMINAL PROCEEDINGS. |
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Three general elements of Due Process (for all types of cases where it applies)
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Notice
Opportunity to be Hear Timely Notice What these look like varies depending on the kind of deprivation at issue (life, liberty, property) |
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Standard courts use to evaluate for academic Dismissals
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"Arbitrary and Capricious"
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Name and date of first landmark U.S. Supreme Court case discussing due process rights in academic dismissals.
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University of Missouri vs. Horowitz (1978)
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Name and date of second U.S. Supreme Court case confirming educational instituions broad authority in academic dismissals.
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Regents of University of Michigan v. Ewing (1985)
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