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. Finally, the court concludes that the students cannot challenge the provision prohibiting "gang-like activity" as void for vagueness. Defendants objected to the students calling as an expert witness Dr. Walter Amprey (Dr. Amprey), the former superintendent of the Baltimore, Maryland, *820 public schools. Edwards v. . Gary J. Justice Scalia, decrying what he saw as a lowering of the bar for facial challenges, dissented, contending that, at least in contexts other than free speech violations, facial challenges are inherently suspect. Then later, when a careful investigation reveals that the fight was between well-known rival street gangs, it is reasonable for school officials to see the fight as gang-like activity. In fact, the students do not say that the fight was not gang-related. Dist. 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. Rather, the ordinance was characterized as a criminal law which contained no mens rea requirement and which infringed on the constitutionally protected right to liberty. 1 Kim v. Richard ix. See Betts v. Board of Educ. *824 At the beginning of trial, the students asked the School Board to produce an "Expulsion Summary" which Arndt prepared for the School Board on October 5, 1999. Website. The letter listed the provisions of the District's Student Discipline Policy and Procedures (Discipline Policy) each student was charged with violating. OF EDUC. In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. Zero Tolerance ~ January 11, 2000 On August 25, 1998, the School Board adapted a "no-tolerance position on school violence" The ruled the fight as a continuation of an incident that occurred on September 3, 1999 (gang related) 3159, 92 L.Ed.2d 549 (1986), the Supreme Court said: Given 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. Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearings. The principals of the respective high schools each recommended that the students be expelled for 2 years. The Board conducted separate votes for each of the five remaining students; the result was that the length of the expulsions was shortened to last only through the remainder of the 1999-2000 school year. Ms. Fuller said that it was her understanding that it was a "foregone conclusion" that her son was going to be expelled so there was no point in taking off work to attend his hearing. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. & L.J. 1983. See Fed.R.Evid. Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. This court will now set forth a detailed analysis of the facts of this case, the claims raised by the students and the law supporting the court's decision. The Board voted to expel both students for 2 years. It is undisputed that seven spectators, six students and one adult, filed accident reports at MacArthur High School following the incident. 159 (2002). Defendants contend that, to have standing to bring a declaratory judgment action, a plaintiff must have sustained a real injury, fairly traceable to a defendant's conduct, which is likely to be redressed by the requested relief, citing Springfield Rare Coin Galleries, Inc. v. Johnson,115 Ill. 2d 221, 104 Ill.Dec. Arndt's testimony was corroborated by Perkins, the students' witness. At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. Fuller ex rei. See also Baxter v. Round Lake Area Schools,856 F. Supp. He was sitting near the top of the east bleachers when he observed the fight going on below him. In Boucher, the Seventh Circuit reversed an injunction granted by a district court which enjoined the school board from enforcing a one-year expulsion. Vice Lords vs Gangster Disciples History What Happened? Loading. These reports showed that seven bystanders were injured during the fight. The injuries complained of were mainly bruises. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. Chavez, 27 F. Supp. Dist. 2d 320 (1972). The Supreme Court held that, to "establish a discriminatory effect in a race case, the claimant must show that similarly situated individuals of a different race were not prosecuted." View Case; Cited Cases; Citing Case ; Cited Cases . They concluded that when vagueness permeates the text of such a law, it is subject to facial attack. At 1858. Email | Print | Comments (0) No. 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. It is also important to recognize that the Seventh Circuit Court of Appeals 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.'" Boucher v. School Bd. Plaintiffs presented nothing at trial to contradict this evidence. This court has carefully considered each of the claims raised by the students in their First Amended Complaint. School Dist. By thoroughly completing these procedural steps, the School Board has sufficiently complied with the procedural due process requirements of the law. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. They may be readmitted beginning with summer school, June 2000. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. School discipline is an area which courts are reluctant to enter. Find Fuller Elementary test scores, student-teacher ratio, parent reviews and teacher stats. Morales, 119 S. Ct. at 1863 (quoting City of Chicago v. Morales, 177 Ill. 2d 440, 227 Ill.Dec. The School Board discussed that, because of the action of Governor Ryan, the students would have the opportunity to attend an alternative education program immediately. others." Public High Schools. Dr. Cooprider recommended a 2-year expulsion for each student. Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. The fight in which the students were involved began on one end of the bleachers and traveled all the way to the other end. The School Board agreed to allow Howell to withdraw. Whatever is true of other rules, rule 10 is not devoid of standards. These bystanders included six students at MacArthur High School and one adult. The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. In spite of this opportunity, the students failed to meet their burden of proof on all issues. At trial, Ms. Howell testified that she went to Eisenhower High School on Saturday, September 25, 1999, to pick up the letter from Arndt which included the notice of Howell's hearing before Dr. Cooprider. A violation of the rule is grounds for suspension or expulsion from school.2. In a separate vote, the School Board also voted to expel Jarrett for two years. 1998) (quoting Tinker v. Des Moines Indep. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. The students assert that a "valid inference can be raised by large statistical disparities in racial situations including discipline that a given School District and/or School Board has discriminated intentionally." Auto. 806 Calloway Drive, Raleigh, NC 27610. In order to prevail, the students here need to show that the rule is unconstitutional in all its applications, which would include its application to them-in other words, that it is unconstitutional as applied. An enactment imposing criminal sanctions demands more definiteness than one which regulates economic behavior, Hoffman Estates, or as is relevant in our case, one which regulates the conduct of students in the school setting. The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. Linwood, 463 F.2d at 770. The students clearly violated these two rules and substantial evidence was presented in support of the School Board's action on these matters. (2) All motions shown as pending in this case (#3, #63, #76) are DENIED as moot. For that reason, the court gave the students wide latitude to fully present their evidence at trial. The videotape speaks volumes on this issue. Hoffman Estates, 455 U.S. at 495, 102 S. Ct. 1186; see also Woodis, 160 F.3d at 438. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. Stay up-to-date with how the law affects your life. He testified that a resolution such as this does not have the same impetus or force as a policy. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. We believe all students, whatever their circumstances or abilities, deserve the best education possible. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). Dunn, 158 F.3d at 965. [1] In Stephenson, a high school student was required to remove a small cross tattooed on her hand because school administrators considered it a "gang symbol." Boehm said he saw fans "jumping over the rail, coming down trying to get onto the track" and "running up the bleachers trying to get away." On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. Fuller v. Decatur Public School Bd. 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. 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. 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. Fuller Elementary. #204 BD. These activities include recruiting students for membership in any gang and threatening or intimidating other students or employees to commit acts or omissions against his/her will in furtherance of the common purpose and design of any gang. The videotape showed a violent fight where the participants were punching and kicking at each other, with no regard for the safety of individuals seated in the stands watching the game. Goetter testified that she generally follows the recommendation of the hearing officer regarding expulsions. The students in this case argue that they were expelled by the School Board for a period of two years because of a "zero tolerance" policy which punished them as a group, denied their constitutional rights and was racially motivated. The Summary now showed that the majority of students expelled were African American. Scott recommended that Howell and Honorable be expelled for two years. The evidence clearly supported Dr. Cooprider's finding that "there is ample evidence that the incident may fairly be characterized as violent physical confrontation, and certainly as actions which endangered students, school personnel, and school visitors." 150, 463 F.2d 763, 767 (7th Cir. On September 17, 1999, a violent fight broke out in the bleachers at a high school football game in Decatur, Illinois, leaving spectators scrambling to escape the melee. Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. According to Boehm, when the fight was over, the bleachers were approximately one-half full. Boucher, 134 F.3d at 826-27. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. 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. 61, 251 F.3d 662, 666 (7th Cir.2001). Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Ins. Nevertheless unsatisfied, some of the students, by their parents, brought this action pursuant to 42 U.S.C. Hunt testified that the fight started at the stairwell near the north end of the bleachers and proceeded into the bleachers where it moved along the bleachers from the north end to the south end. ( 1 ) Judgment is entered in favor of the claims raised by the School Board sufficiently. 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