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School Suspension Legal Case Analysis

The school district's policy is to notify parents of suspensions through a letter and phone call. However, when Ray Night was suspended for three unexcused absences, the school only sent a letter that Ray threw away, leaving his parents unaware. Ray was accidentally shot at a friend's house during his suspension. Previous court cases, like Goss v. Lopez, have established that students have a right to due process regarding suspensions. Because Ray's parents were not properly notified, they could use this precedent in their defense. However, the school may argue that Ray was notified through the letter and not on school grounds when the incident occurred.

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99 views4 pages

School Suspension Legal Case Analysis

The school district's policy is to notify parents of suspensions through a letter and phone call. However, when Ray Night was suspended for three unexcused absences, the school only sent a letter that Ray threw away, leaving his parents unaware. Ray was accidentally shot at a friend's house during his suspension. Previous court cases, like Goss v. Lopez, have established that students have a right to due process regarding suspensions. Because Ray's parents were not properly notified, they could use this precedent in their defense. However, the school may argue that Ray was notified through the letter and not on school grounds when the incident occurred.

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Ariana Camarena

Artifact 3

EDU 210

Dr. Dale B. Warby

College of Southern Nevada


Artifact 3 EDU 210

The school district’s procedures are to send a written letter by mail as well as a phone call

home to parents when a student is suspended. Ray Night is a middle school student who was

suspended for three days because he was absent three days due to unexcused absenses. The

school did not make any phone calls but sent a letter home which Ray threw away, leaving his

parents unaware of his suspension. Ray was accidentally shot at a friends house while on his first

day of suspension.

In Goss vs. Lopez, the Supreme Court ruled that under the Fourteenth ammendment

public school students are entitled to a notice and hearing when being suspended. The case was

brought up when Dwight Lopez and 10 other students were suspended for misconduct and

recieved no hearing. The students filed a class-action suit and the Supreme Court ruled that the

student should be given “oral or written notice of the charges against him, and, if he denies them,

an explanation of the evidence the authorities have and an opportunity to present his side of the

story.” (Schimmel) Because Night’s parents did not know about the suspension, they would have

had an oppurtunity to present their version of the situation before the discipline is ruled on the

case. Since the schoold did not make these actions, the Nights can use this case in their defense.

The school was negligent in making a phone call when Night was suspended, and didn’t

care enough for his safety. In Brahatcek v Millard School District, a young boy was killed in his

physical education class when he was accidentally hit in the head by a golf club. The school did

not properly inform him of safety issues.(McCown) Although Night was not in school the day he

was shot his parents were uninformed.

In the case of Collette v. Tolleson Unified School District, students were allowed to leave

during their lunch break only with a special pass. A student admitted to not having a pass and

still left campus without permission. The student was involved in a car accident on his way back
Artifact 3 EDU 210

from the mall on his lunch break. The court ruled that the district was not responsible for the

student since he was off campus. (Court of Appeals of Arizona) In the school’s defense, Night

was given a notice (although not a proper notice) and not on school property therefore was not

responsible for Night’s injury.

I feel that the court will rule in the school’s favor because the school district gave a notice

to the student and the student was not on school grounds during the time of the incident.
Artifact 3 EDU 210

References

McCowns, J. (2018). Brahatcek v. MILLARD SCH. DIST., SCH. DIST. 17. [online] Justia Law.

Available at: [Link] [Accessed

24 Jun. 2018].

Schimmel, D. (2018). Goss v. Lopez | law case. [online] Encyclopedia Britannica. Available at:

[Link] [Accessed 24 Jun. 2018].

Thompson, S. (2018). [online] Available at: [Link]

case=6271765039169026983&q=collette+v.

+tolleson+unified+school+district&hl=en&as_sdt=6,44&as_vis=1 [Accessed 24 Jun. 2018].

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