muhammadabdulla
Junior Member
I am a minor, living in Florida.
I think my rights were violated, but I'm not exactly sure. On Thursday, 2/4/16, I was informed that I was suspended from my school for two days (Friday 2/5/16 and Monday 2/8/16). In reality it was really a four day suspension however, as I wasn't allowed to participate in school athletic events on Saturday 2/6/16 and Sunday 2/7/16.
The reason for the suspension was that I drew an inappropriate drawing in somebody else's notebook at school. The reality was that, the classmate who's notebook I drew in, had drawn the exact same drawings in one of my notebooks a weak prior. Not wanting to "snitch" or "narc" I simply disposed of the notebook. However, when I responded a week later by drawing the exact same drawing in one of his notebooks, he immediately turned it into the front office.
The drawings were extremely vulgar and school-inappropriate, and it felt like the two day suspension was a gut reaction. In fact, when I first went into the front office, I noticed that the disciplinary referral form was already filled out, complete with signature and everything. Letting me hear the "charges" was more of a formality, as the verdict had already been passed.
However, even then, I was not fully informed of the charges against me. I asked what the specific crime I had committed was, and the administrator said that it fell under misconduct, a broad category which encompasses basically any action the administration personally disagrees with. When I asked for further clarification, as in the details of the actual offense I committed, rather than explaining the situation to me, she threatened me with a police investigation.
After hearing "my side of the story," which included the fact that the other student had made the same drawings first, rather than even considering the situation, she simply handed me the Referral Form, and told me I'd be suspended for two days. When I asked, she told me that it would have made a difference in the severity of the ruling, if I was able to present my notebook, and show her the drawings that the other classmate had made. However, she added that "at this point" it wouldn't make a difference, and did not give me the chance to present evidence or call on witnesses to defend myself.
She attempted to call my father, who was at work. He didn't answer the phone immediately. Rather than try calling again, or try contacting my mother, who was available at the time, she simply told me that she'd meet with my parents on Monday morning to discuss the disciplinary issue. Note that Monday will be after three days of the suspension have already been served.
I believe my 14th Amendment Rights were breached. The 1975 Supreme Court Case, Goss v. Lopez, clearly states that "students' suspension from a public school without a hearing violated the due process right protected by the Fourteenth Amendment."
I don't believe I was given a proper hearing for the following reasons:
1. I was not made aware of the charges against me. She refused to answer any further questions about the violations I committed until the conference on Monday with my parents, which will be after the majority of the suspension is served. Also, she handed me the form, and told me to sign at the bottom. At the time, she made it clear that signing my name only signified that I agreed that what I wrote down on the paper was my official side of the story. When I look at the form now, I see that the signature really signifies that "I was made aware of the charges against me." The 'X' in the 'Yes' box was not filled in by me, it was written in by her after I had already signed my name. I was at the time, and still am, not exactly sure what the charges are. And yet, I am at home serving the first day of my suspension.
2. I was not given an opportunity to defend myself. I had witnesses that would, and still will, confirm that I was the victim of the same drawings first, and I only drew them in response. A fact that I was told, if proven, would make a difference in the severity of the punishment. Rather than giving me a chance to call witnesses or present evidence, I was quickly escorted out of the office, and the administrator in charge of my referral kicked me out of the front office.
3. My parents were not made aware of the situation. I asked multiple times, and she refused to meet with my parents any time before Monday morning. However, by Monday I will have already served part of the suspension. My parents were not made fully aware of the situation, before the punishment was served. Also on the form, she claimed that a parent phone conference had taken place, when in reality she did not communicate with my parents, she only left a voice message asking for them to call her back. She marked that the phone conference had taken place, well before she even talked to my parents.
I think that under these circumstances, I was not given a fair hearing, and my 14th amendment rights were violated under Goss v. Lopez.
I was hoping somebody could help clarify the situation for me. Thank you.
I think my rights were violated, but I'm not exactly sure. On Thursday, 2/4/16, I was informed that I was suspended from my school for two days (Friday 2/5/16 and Monday 2/8/16). In reality it was really a four day suspension however, as I wasn't allowed to participate in school athletic events on Saturday 2/6/16 and Sunday 2/7/16.
The reason for the suspension was that I drew an inappropriate drawing in somebody else's notebook at school. The reality was that, the classmate who's notebook I drew in, had drawn the exact same drawings in one of my notebooks a weak prior. Not wanting to "snitch" or "narc" I simply disposed of the notebook. However, when I responded a week later by drawing the exact same drawing in one of his notebooks, he immediately turned it into the front office.
The drawings were extremely vulgar and school-inappropriate, and it felt like the two day suspension was a gut reaction. In fact, when I first went into the front office, I noticed that the disciplinary referral form was already filled out, complete with signature and everything. Letting me hear the "charges" was more of a formality, as the verdict had already been passed.
However, even then, I was not fully informed of the charges against me. I asked what the specific crime I had committed was, and the administrator said that it fell under misconduct, a broad category which encompasses basically any action the administration personally disagrees with. When I asked for further clarification, as in the details of the actual offense I committed, rather than explaining the situation to me, she threatened me with a police investigation.
After hearing "my side of the story," which included the fact that the other student had made the same drawings first, rather than even considering the situation, she simply handed me the Referral Form, and told me I'd be suspended for two days. When I asked, she told me that it would have made a difference in the severity of the ruling, if I was able to present my notebook, and show her the drawings that the other classmate had made. However, she added that "at this point" it wouldn't make a difference, and did not give me the chance to present evidence or call on witnesses to defend myself.
She attempted to call my father, who was at work. He didn't answer the phone immediately. Rather than try calling again, or try contacting my mother, who was available at the time, she simply told me that she'd meet with my parents on Monday morning to discuss the disciplinary issue. Note that Monday will be after three days of the suspension have already been served.
I believe my 14th Amendment Rights were breached. The 1975 Supreme Court Case, Goss v. Lopez, clearly states that "students' suspension from a public school without a hearing violated the due process right protected by the Fourteenth Amendment."
I don't believe I was given a proper hearing for the following reasons:
1. I was not made aware of the charges against me. She refused to answer any further questions about the violations I committed until the conference on Monday with my parents, which will be after the majority of the suspension is served. Also, she handed me the form, and told me to sign at the bottom. At the time, she made it clear that signing my name only signified that I agreed that what I wrote down on the paper was my official side of the story. When I look at the form now, I see that the signature really signifies that "I was made aware of the charges against me." The 'X' in the 'Yes' box was not filled in by me, it was written in by her after I had already signed my name. I was at the time, and still am, not exactly sure what the charges are. And yet, I am at home serving the first day of my suspension.
2. I was not given an opportunity to defend myself. I had witnesses that would, and still will, confirm that I was the victim of the same drawings first, and I only drew them in response. A fact that I was told, if proven, would make a difference in the severity of the punishment. Rather than giving me a chance to call witnesses or present evidence, I was quickly escorted out of the office, and the administrator in charge of my referral kicked me out of the front office.
3. My parents were not made aware of the situation. I asked multiple times, and she refused to meet with my parents any time before Monday morning. However, by Monday I will have already served part of the suspension. My parents were not made fully aware of the situation, before the punishment was served. Also on the form, she claimed that a parent phone conference had taken place, when in reality she did not communicate with my parents, she only left a voice message asking for them to call her back. She marked that the phone conference had taken place, well before she even talked to my parents.
I think that under these circumstances, I was not given a fair hearing, and my 14th amendment rights were violated under Goss v. Lopez.
I was hoping somebody could help clarify the situation for me. Thank you.
