Perkins said he did not "spend a lot of time thinking about resolutions." 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. Perkins candidly admitted that he could not testify that race was "an issue in the decision to expel" the students in this case. 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. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. Public School Type. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. Fans were jumping over the railing, trying to get onto the track which surrounds the football field, to escape the fight. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Here, unlike the situation in Stephenson, the evidence presented before Dr. Cooprider and the School Board showed that the students engaged in conduct that was clearly proscribed by Rule 10. Listed below are the cases that are cited in this Featured Case. In a separate vote, the School Board also voted to expel Jarrett for two years. [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." Search Cases Search by Topic and Jurisdiction Search by Topic Only Case Summaries Boehm recommended that Jarrett and Carson be expelled for two years because their behavior was unacceptable in the District. No. See Fed.R.Evid. Google Scholar. The evidence showed that each of the students was an active participant in the fight. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. See Plummer, 97 F.3d at 230. 1186, 71 L.Ed.2d 362 (1982), the Court said: A law that does not reach constitutionally protected conduct and therefore satisfies the overbreadth test may nevertheless be challenged on its face as unduly vague, in violation of due process. In this court the students seek a ruling that the prohibition against gang-like activity is facially unconstitutional because it lacks clear definitions of what the prohibited conduct is. Bond attended his hearing along with his guardian, Gretta Fuller (Ms. Fuller), and his uncle, Reverend Mark Bond (Reverend Bond). Fuller Elementary located in Raleigh, North Carolina - NC. Illinois, 01-11-2000. The defendants argue that Howell lacks standing, the request for expungement is inappropriately presented for the first time on appeal, and the case is moot because the rule has been changed and the expulsions are over. The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. 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. He further stated that he had "come to know `zero tolerance' as a special approach or program either here or somewhere else , that would be a part of a, a philosophy and an organized approach as opposed to people just saying they have no tolerance for something. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. During cross examination, Ms. Fuller further explained that she did not attend the hearing because she "had planned on just withdrawing him like Mrs. Howell and just letting him go to Springfield." This court concludes that its inquiry and final decision in this case must be based upon the School Board's action on November 8, 1999, when the expulsions of the five students were reduced to a period of approximately eight months and the students were given the opportunity to enroll in an alternative education program. The students' conduct clearly violated these rules. The day after the emergency meeting, November 9, the students filed their complaint in the present case along with a request for a temporary restraining order or a preliminary injunction. 225, 1994 WL 604100, at *2 (N.D.Ill.1994). They point out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts. Boucher v. School Bd. According to Arndt and Goetter, because these alternative education programs are not run by the District, the School Board could not have provided the alternative education programs to the students without the intervention of Governor Ryan. of EDU. School discipline is an area which courts are reluctant to enter. Visit the About the Directory web page to learn more. It showed participants punching and kicking each other without concern for the safety of others in the stands. At this hearing, the students agreed to consolidate their request for an injunction with a hearing on the merits of their claims pursuant to Rule 65 of the Federal Rules of Civil Procedure. 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. United States District Court, C.D. of Greenfield, 134 F.3d 821, 827 (7th Cir. 1944, 23 L.Ed.2d 491 (1969). Whatever is true of other rules, rule 10 is not devoid of standards. In fact, the law is clear that a claim of racial discrimination and violation of equal protection cannot be based upon mere statistics standing alone. Because of the efforts of the Rainbow/PUSH Coalition and the intervention of Governor George Ryan, the School Board reconsidered its decision and reduced the expulsions of the five students from two calendar years to the balance of the 1999-2000 school year. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. We begin and end our discussion with Hegwood's as-applied challenge. 99-CV-2277. at 1864. 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. DIST. In addition, no one attended the hearings on their behalf. Also, the students claimed the School Board did not listen to the tape of the hearings before Dr. Cooprider, look at the exhibits presented to the hearing officer, or request evidence from the students' files prior to voting on the expulsions. 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. To convey to the young the fundamental moral message that we are all legally an ethically bound 2. The California School Directory (Directory) contains information about California public schools, private schools (including nonpublic nonsectarian schools), school districts, and county offices of education. 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. The injuries complained of were mainly bruises. It is different from the rule in Stephenson v. Davenport Community School District, 110 F.3d 1303 (8th Cir.1997), which is directed at gang-related activities such as display of colors', symbols, signals, signs, etc.-activities more likely to implicate First Amendment rights. Hunt also testified that he attempted to let her know that because of "the seriousness of the situation she needed to be there." Your activity looks suspicious to us. The Report listed all persons who attended the hearing on behalf of the District and on behalf of the student. Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. game (Fuller ex rel. Perkins also candidly testified that white students had been expelled for fighting. Devin Lewis Fuller (born January 24, 1994) is an American former professional football player who was a wide receiver with the Atlanta Falcons in the National Football League (NFL). See Betts v. Board of Educ. Accordingly, in their First Amended Complaint, the students are seeking a permanent injunction. Dunn, 158 F.3d at 966. Teachers carry a special ethical and legal burden Power arises from The Board voted to expel both students for 2 years. Issues: Laws: Cases: Pro: 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. These statistics failed to establish that any similarly situated Caucasian students were treated less harshly. Roosevelt FULLER, by his parents, Gretta FULLER and Roosevelt Harris, et al., Plaintiffs-Appellants, v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61, et al., Defendants-Appellees. Hutchinson, Lisa; Pullman, Wesley. The decision of the district court is Affirmed. This court observed from the video-tape presented at trial that the fight involved many individuals raising havoc in the midst of a captive audience of football fans, which included parents, grandparents, teachers and children. Accord Boucher v. 99 Citing Cases In light of the clear notice of the hearings provided to the students' parents or guardians, this court concludes that the evidence presented does not establish that school administrators either intended to discourage the students' parents from attending the hearings or violated any of the students' procedural due process rights. of City of Chicago, 466 F.2d 629, 633 (7th Cir.1972); Baxter, 856 F. Supp. Justice Stevens, joined by Justices Souter and Ginsburg, recognized that the ordinance did not have a sufficiently substantial impact on conduct protected by the First Amendment to subject it to a facial overbreadth challenge. Roosevelt Fuller (Fuller) and Errol Bond (Bond) were students at Stephen Decatur High School; Gregory Howell (Howell) and Shawn Honorable (Honorable) were students at Eisenhower High School; and Terence Jarrett (Jarrett) and Courtney Carson (Carson) were students at MacArthur High School. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. Accordingly, the claim in Armstrong failed because the "study failed to identify individuals who were not black and could have been prosecuted for the offenses for which respondents were charged, but were not so prosecuted." Justice O'Connor, joined by Justice Breyer, said, If the ordinance applied only to persons reasonably believed to be gang members, this requirement might have cured the ordinance's vagueness because it would have directed the manner in which the order was issued by specifying to whom the order could be issued. 119 S.Ct. of Educ. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . 159; Anthony J. DeMarco, . *825 Further, this court notes that both Perkins and Terry Robinson (Robinson) attended the November 8, 1999, School Board meeting. Because the right to an education is not a fundamental constitutional right, this court reviews the School Board's action to determine if it is an "exercise of governmental power without any reasonable justification." He was sitting near the top of the east bleachers when he observed the fight going on below him. Designed by chaplains, Fuller's newest degree is a 2-year program offering holistic training for those called to provide spiritual care outside of traditional church settings. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. others." Public K-8 Schools. 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. Download PDF Check Treatment Summary The students also alleged that Rule 10, the provision prohibiting "gang-like activities" in the Discipline Policy, is void for vagueness and violates the due process guarantee of adequate notice of proscribed conduct. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. 2d 16 (1973)); see also Dunn v. Fairfield Community High School Dist. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. The students will remain expelled for the balance of the 1999-2000 school year. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. . 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. Ironically, in Morales the problem with the anti-loitering ordinance was that loitering was defined as remaining in any one place with no apparent purpose. It was the phrase no apparent purpose that was found to be overly vague, not the phrase a criminal street gang member which was also found in the ordinance. Contact info. This court ordered the School Board to produce this document, and it was introduced into evidence. Perkins said that, at the October 1, 1999, School Board meeting, several members of the School Board indicated they believed the students were involved in gang activity based upon information received from law enforcement authorities. The following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. OF EDUC., Court Case No. The students filed their original Complaint (# 1) in this court on November 9, 1999. As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. An Examination of Fuller v. Decatur Public School Board of Education School District, 22 B.Y.U. 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." If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. Perkins and Robinson were the only African American members of the School Board at the time in question. This court firmly believes that the citizens and students of Decatur should be able to go to a high school football game and watch the contest on the field without worrying about a violent confrontation erupting in the stands which could engulf them in the conflict. As a consequence, no testimony was presented by either African American member of the School Board that the School Board's decision was racially motivated. v. Rodriguez,411 U.S. 1, 35-37, 93 S. Ct. 1278, 36 L. Ed. 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." 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. With that in mind, we turn to the students' constitutional challenge. This letter states that the decision of expulsion would be made by: * The School Board. It is with this limited role in mind that this court reviews each of the students' claims. at 444-45. Fuller v. Decatur Public School BD. Gary J. See also Wiemerslage Through Wiemerslage v. Maine Tp. The situation is different from that in Rios v. Lane, 812 F.2d 1032 (7th Cir.1987), in which we found a prison regulation unconstitutional as applied to an inmate who copied information from an authorized prison newspaper and disseminated the copies. 150, 463 F.2d 763, 767 (7th Cir. The purpose of the meeting was to discuss the expulsions of the students. Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). See Fraser, 478 U.S. at 686, 106 S. Ct. 3159; Stephenson, 110 F.3d at 1308. Each student was suspended from school for 10 days pending further School Board action. In Boucher, the Seventh Circuit reversed an injunction granted by a district court which enjoined the school board from enforcing a one-year expulsion. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. 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." Ins. Private Schools. & L.J. Just because no weapons other than fists and feet were used by the students does not mean that innocent bystanders were not harmed, frightened and forced to flee the stands to avoid serious injury. Edwards v. . Dist. Page Korematsu v. United States When the dust settled, the original 2-year expulsions were reduced to expulsions for the remainder of the school year with the students being given the opportunity to attend an alternative high school. Boehm said the fight started on the north end of the bleachers and traveled all the way to the south end. Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. A unique set of ethical relationships and legal obligations is embedded in teacher's work 3. 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