Facts: In 2008, Landon Wynar, a sophomore at Douglas High School in Minden, Nevada exchanged several instant messages using MySpace social media with his classmates from his home computer. Wynar bragged about having an arsenal of weapons and threatened to shoot and kill several classmates on the anniversary of the Columbine School Massacre. Wynar also bragged he would kill more students than those who died at Virginia Tech, which at the time was the deadliest school shooting on record. Several students reported the instant messages to school authorities, except Wynar claimed the messages were jokes. Wynar was later detained in a Detention Center and expelled from school because he violated the School District's Violence Policy. Wynar
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While Wynar was being detained at a Detention Center, the DHS administrators suspended him from school. Wynar claims his due process rights were violated after receiving a temporary ten-day suspension without a formal administrative hearing. (Wynar vs. Douglas Cnty. Sch. Dist., 2013). Nevada law provides a student shall not be suspended from school or expelled from the School District unless the student has been given notice and an opportunity to defend him/herself before an Administrative Review Board (ARB). (Nev. Rev. Stat. §392.467(2)). After Wynar was detained by law enforcement, DHS Principal Marty Swisher and Vice Principal David Pyle visited Wynar at the Detention Center to inform him that he would be suspended from for ten days because he had violated the School District’s Violence Policy. He was also informed he had a right to defend himself before an ARB with the presence of a parent, but he denied his right. Wynar also understood he could receive additional disciplinary actions from the School District pending the ARB. The Court held Wynar received sufficient notification of his rights and denied the Due Process
While Wynar was being detained at a Detention Center, the DHS administrators suspended him from school. Wynar claims his due process rights were violated after receiving a temporary ten-day suspension without a formal administrative hearing. (Wynar vs. Douglas Cnty. Sch. Dist., 2013). Nevada law provides a student shall not be suspended from school or expelled from the School District unless the student has been given notice and an opportunity to defend him/herself before an Administrative Review Board (ARB). (Nev. Rev. Stat. §392.467(2)). After Wynar was detained by law enforcement, DHS Principal Marty Swisher and Vice Principal David Pyle visited Wynar at the Detention Center to inform him that he would be suspended from for ten days because he had violated the School District’s Violence Policy. He was also informed he had a right to defend himself before an ARB with the presence of a parent, but he denied his right. Wynar also understood he could receive additional disciplinary actions from the School District pending the ARB. The Court held Wynar received sufficient notification of his rights and denied the Due Process