NCJ Number
38834
Date Published
1974
Length
0 pages
Annotation
A FORMER TEACHER, CURRENTLY DIRECTOR OF A DRUG ABUSE PROGRAM, AND A DISTRICT ATTORNEY DISCUSS STUDENTS RIGHTS IN GENERAL, AND MORE SPECIFICALLY THE PROVISION OF DUE PROCESS GUARANTEES FOR STUDENTS AT DISCIPLINARY HEARINGS.
Abstract
STUDENTS NEED TO BE INVOLVED IN THEIR EDUCATION. THEY HAVE A RIGHT TO A CURRICULUM THAT AT LEAST PARTIALLY MEETS THEIR INTERESTS. THEY ALSO NEED ADVOCATES AT DISCIPLINARY HEARINGS. THE DOCTRINE OF IN LOCO PARENTIS IS USED BY BOTH SCHOOLS AND COURTS TO DENY STUDENTS THEIR DUE PROCESS RIGHTS. THIS DOCTRINE IS AN INADEQUATE JUSTIFICATION FOR DENIAL OF DUE PROCESS BECAUSE EDUCATION IS A COMPULSORY RATHER THAN A VOLUNTARY DELEGATION OF PARENTAL POWER, AND BECAUSE THE COURTS WOULD BE ABDICATING THEIR RESPONSIBILITY AS FINDERS OF FACT. GUIDELINES ARE SUGGESTED TO ENSURE STUDENTS' DUE PROCESS RIGHTS IN THE NOTIFICATION OF INTENT TO HOLD A DISCIPLINARY HEARING, THE HEARING ITSELF, THE APPEAL OF A DECISION, AND AN EXPULSION DECISION. THESE GUIDELINES ADDRESS IMPARTIALITY OF HEARING BOARDS, STUDENT RIGHTS TO ADVOCACY (LEGAL COUNSEL IF THEY DESIRE), AND STANDARDS FOR EVIDENCE (THE CLEAR AND CONVINCING RULE IS ADVOCATED). WHILE THESE GUIDELINES WOULD PROBABLY GO FURTHER THAN ANY COURT DIRECTIVES, THE SPEAKER FEELS THEY ARE NECESSARY TO PROTECT THE CONSTITUTIONAL RIGHTS OF STUDENTS, ESPECIALLY WHEN EXPULSION MIGHT BE INVOLVED. FOR OTHER TAPES IN THIS SERIES, SEE NCJ-38832, 38833, 38835, 38836, AND 38837....PLO