When the rule does not reach a substantial amount of constitutionally protected conduct, we must uphold a facial challenge only if the enactment is impermissibly vague in all of its applications. In addition to identifying the various types of. 225, 1994 WL 604100, at *2 (N.D.Ill.1994). Again, because of his withdrawal from school, no action was taken regarding Howell. Accordingly, the decision in Morales has no application to this case. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. Notably, also, the prison regulation in Rios was found unconstitutional, not on its face, but only as applied to the inmate. DIST. 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. Morales,527 U.S. 41, 119 S. Ct. 1849, 1863, 144 L. Ed. The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American students. 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. The court afrmed that the rule prohibiting students from engaging in "gang-like activity" was not impermissibly vague as written or as applied to those who were disciplined. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. 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. 150, 463 F.2d 763, 770 (7th Cir. The email address cannot be subscribed. Hunt further testified that he did not state or imply that she would be wasting her time to come to the hearing. 403 v. Fraser, 478 U.S. 675, 686, 106 S.Ct. Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. See Plummer, 97 F.3d at 230. 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. Perkins candidly admitted that he could not testify that race was "an issue in the decision to expel" the students in this case. Arndt's testimony was corroborated by Perkins, the students' witness. Fuller ex rei. The court determined in that case, where the expelled student did not engage in any kind of violent activity, that the district court did not adequately consider the potential harm to the Board's authority to take disciplinary action for what it believed to be a serious threat to school property. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. Nor was evidence presented denying that the conduct of the students in this case endangered the well-being of fellow students, teachers or other school employees. Fuller and Howell have now graduated from high school. However, the fact that the Supreme Court concluded that a gang loitering ordinance which imposes criminal sanctions is unconstitutional simply does not mean that a school disciplinary rule, even if similar, is likewise unconstitutional. Byrkit testified and corroborated Hunt's testimony. FULLER FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61. Sign up for our free summaries and get the latest delivered directly to you. 159 (2002). All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. The students claim that, because the fight was of a short duration and that no guns, no knives, and no drugs were involved, no expulsion was warranted for their actions in the fight. Weaponless school violence, due process, and the law of student suspensions and expulsions: An examination of Fuller v. Decatur Public School Board of Education School District. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. FULLER v. DECATUR PUBLIC SCHOOL BD. 2d 731 (1969)). Based upon this evidence, the hearing officer and the School Board could properly find that the students violated the prohibition against "gang-like activity." A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others. Hoffman Estates, 455 U.S. at 494-95, 102 S.Ct. They may be readmitted beginning with summer school, June 2000. Linwood, 463 F.2d at 770. 207, 29 F.3d 1149 (7th Cir.1994). Boehm testified that spectators who were in the east bleachers during the fight expressed fear, stress and turmoil when he talked to them after the fight. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. 2d 731 (1969)). Dunn, 158 F.3d at 965. Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. Howell, his mother, and Dr. Jeanelle Norman appeared and asked that Howell be allowed to with draw from school rather than having the disciplinary hearing. Nor are we convinced that the request for expungement has been waived. In fact, information regarding the race of a student never appeared on the hearing officers' reports nor was the School Board ever advised of the race of any student facing expulsion. In Boucher, the Seventh Circuit reversed an injunction granted by a district court which enjoined the school board from enforcing a one-year expulsion. Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. Reverend Bond also addressed the School Board on behalf of Fuller. Weaponless School Violence, Due Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District , 2002 BYU E duc. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or 47 Citing Cases From Casetext: Smarter Legal Research Linwood v. Bd. The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. 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. In fact, the Summary indicated that 82% of students expelled from the beginning of the 1996-1997 school year through December 1999, were African American. See also Baxter v. Round Lake Area Schools,856 F. Supp. & L.J. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. 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. at 1857. ", Third, this court concludes that the students completely failed to establish that the School Board had a "zero tolerance policy." The students who attended their hearings were allowed to question witnesses and present testimony. United States District Court, C.D. 1944, 23 L.Ed.2d 491 (1969). Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. School Name. The court's finding must be based upon the solid foundation of evidence and the law that applies to this case. Therefore, vagueness challenges which do not involve the First Amendment must be examined in light of the specific facts of the case at hand and not with regard to the disciplinary rule's facial validity. Based upon Ms. Howell's testimony, the students argue that Howell has standing to bring this lawsuit because his "voluntary" withdrawal from school was in fact coerced by the actions of Defendants. See Fed.R.Evid. These reports showed that a 15-year-old female student stated that people landed on her during the fight and when she got up to run she was kicked down by a person involved in the fight and heard her back pop. These hearings took place on September 27, 28 and 29, 1999. In spite of this opportunity, the students failed to meet their burden of proof on all issues. A rule, regulation, or law can be facially unconstitutional under two different theories. 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. Fuller v. Decatur Public School Board. This revised Summary was produced by Arndt in open court and was admitted into evidence. 438, 443 (N.D.Ill.1994). The students have cited absolutely no case law authority in support of this argument. Again, the court agrees. Traditional Public Charter Magnet. He saw people running out of the stands and up the bleachers to get away from the fight. Accordingly, this court concludes that the students' procedural due process rights were not violated. Fuller v. DECATUR PUBLIC SCHOOL BD. Cf. They point out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts. Accordingly, a challenge to a school disciplinary policy fails unless the policy is "wholly arbitrary." Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. 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." In fact, it may be that the ordinance was not clearly enough limited in its application to gang members. ", From the testimony presented at trial, including the testimony of Dr. Amprey and School Board member Perkins, the court finds nothing in the record indicating that the August 25, 1998, resolution constituted a "zero tolerance policy.". The students expelled were Roosevelt Fuller and Errol Bond, who attended Stephen Decatur High School; Gregory Howell and Shawn Honorable, who were students at Eisenhower High School; and Terence Jarrett and Courtney Carson, who were students at MacArthur High School. The United States Supreme Court has stated: The Seventh Circuit 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.'" 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. 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. No. The court first concludes that each student received notice of a hearing before an independent hearing officer and before the School Board. Accordingly, because the students failed to show that any similarly situated Caucasian students were treated less harshly, they failed to establish that race played any role in the School Board's expulsion decision. 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. Location. Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. 2d 16 (1973)); see also Dunn v. Fairfield Community High School Dist. The court notes that the form signed by Ms. Howell and her son on October 4, 1999, included a hand-written notation that "The Board of Education is being requested not to take action on expulsion since this is a voluntary withdrawal." It makes the rule somewhat confusing, but it does not affect our analysis. See Fraser, 478 U.S. at 686, 106 S. Ct. 3159; Stephenson, 110 F.3d at 1308. of Seminole Co., 753 So2d 130 (Fla App 2000) (upholding suspension from extracurricular activities pursuant to a zero-tolerance policy . . Defendants argued that Dr. Amprey's testimony was not admissible under Daubert v. Merrell Dow Pharmaceuticals, Inc.,509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. at 444-45. 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. Here, in this case, the students have not even attempted to show that Caucasian students who engaged in similar conduct were not subjected to the same discipline. See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. Boehm testified that the bleachers on the east end were pretty close to being full of spectators, including students, parents, teachers and grandparents. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. Scott recommended that Howell and Honorable be expelled for two years. See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. Jeffrey Perkins (Perkins), an African American member of the School Board, was called as a witness by the students. He was also a kick returner with UCLA. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. Moreover, during trial, Arndt testified that two of the students who are seniors and need only a few credits to graduate may graduate with their class if they complete the necessary credits in the alternative education program. Woodis, 160 F.3d at 438-39. 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. Finally, the court concludes that the students cannot challenge the provision prohibiting "gang-like activity" as void for vagueness. In closed session, the School Board reviewed the videotape of the incident at the football game. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. Copyright 2023, Thomson Reuters. Sch. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. v School Bd. 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. The record is undisputed that Ms. Fuller, Bond's guardian, and Reverend Bond attended the hearing before Dr. Cooprider on behalf of Bond. Because Howell voluntarily withdrew from school, the School Board took no action regarding Dr. Cooprider's expulsion recommendation. Again the Board reviewed the videotape. Fuller v. Decatur Public School Bd. No. Also, each student received a separate hearing before the hearing officer and had an opportunity to appear and present witnesses. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . In short, this court is not impressed with the students' position that because no knives or guns were used in *815 the melee that it was not a significant fight. Most importantly, this court notes that "`[g]iven 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.'" The students sought an Order reinstating them in school. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. The major issue in the Fuller case was whether the Decatur Public School Board's no tolerance/zero tolerance policy for violence violated the six students procedural and substantive due process rights. That evening the School Board held an emergency meeting. Accord Boucher v. 99 Citing Cases In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. The court stated, "[w]hile the district court's statement that a year's expulsion *822 is extreme is understandable, we cannot accept the conclusion that the harm the injunction imposes on the Board is insignificant." Brigham Young University Education and Law Journal , 2002(1), 159-210 . On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Fuller v. Decatur Public School BD. As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. Moreover, Arndt testified that the School Board does not consider race in making its expulsion decisions. Stephenson, 110 F.3d at 1310. Please try again. ACADEMICS 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. The letter included the date and time of the special meeting of the School Board which had been set to consider the expulsion of each student. Scott testified that he did not tell Ms. Howell that her son was going to be expelled. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. The fight in which the students were involved began on one end of the bleachers and traveled all the way to the other end. 99-CV-2277 in the Illinois Central District Court. 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. The School Board agreed to allow Howell to withdraw. Morales, 119 S. Ct. at 1863 (quoting City of Chicago v. Morales, 177 Ill. 2d 440, 227 Ill.Dec. Perkins stated that "clearly there was evidence to support physical confrontation in this situation" and that the students were eligible for expulsion under the Discipline Policy of the School Board. Boucher, 134 F.3d at 826. Perkins and Robinson were the only African American members of the School Board at the time in question. 99-CV-2277 in the Illinois Central District Court. It is hard to see why police officers might be given discretion to determine who might be a gang member in the context of a criminal law, but school officials cannot determine, in the context of school discipline, what ganglike activity is, especially when what is at issue is a violent fight between rival members of well-known street gangs. The decision of the district court is Affirmed. Vice Lords vs Gangster Disciples History What Happened? 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. In addition, at most of the hearings, accident reports were made part of the record. Arndt testified that racial information was not included in the Summary because the School Board did not request it. The most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). Relying on Stephenson v. Davenport Community School Dist., 110 F.3d 1303 (8th Cir.1997), and City of Chicago v. Morales,527 U.S. 41, 119 S. Ct. 1849, 144 L. Ed. Co., 264 Ill.App.3d 576, 201 Ill.Dec. However, at the students' request, this court ordered Arndt to review school records and, by any means available, to determine the race of each expelled student listed on the Summary. These statistics were never presented to the School Board at any time during the expulsion proceedings. Ms. Kendrex testified that she was in the building at the time of the hearing for Bond but did not go in because she "was in shock." *826 The evidence presented at trial does not support the students' claim. 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. 806 Calloway Drive, Raleigh, NC 27610. Boucher, 134 F.3d at 827 (quoting Tinker v. Des Moines Indep. Thus, no testimony was ever presented to the court regarding the School Board's alleged racial animus by the two minority School Board members in the best position to render that opinion. 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. The decision in Armstrong is applicable to civil cases where plaintiffs claim discrimination on the basis of race. The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. 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. principal at MS 22, Josh . The School Board voted to go into closed executive session to discuss the student disciplinary cases. This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. Contact us. High Sch. 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. 2d 549 (1986)); see also Betts v. Board of Educ. (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. On April 1, 2009, the American Civil Liberties Union's Racial Justice Program, . Dunn, 158 F.3d at 965. The problem for the students, however, is convincing us that their rights were, in fact, violated. The Summary now showed that the majority of students expelled were African American. After the fight ended, Boehm and Hunt were following three students suspected of being involved in the fight. The length of these expulsions ranged from a period to five months to a period of one year, three months. On September 23, 1999, Kenneth Arndt (Arndt), Superintendent of Schools for the District, wrote a letter to the parent or guardian of each of the students. However, this court reserved ruling as to whether Dr. Amprey's "specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue." 1972), cert. Each student was suspended from school for 10 days pending further School Board action. Furthermore, the nature of the law affects the analysis. In determining whether the students have succeeded on the merits of their claims, this court is mindful that, as Plaintiffs, the students bear the burden of proving their claims. In a separate vote, the School Board also voted to expel Jarrett for two years. None of the students testified at trial and they have never denied their involvement in the fight. However, this court cannot make its decision solely upon statistical speculation. The evidence at trial showed that all of the students are currently enrolled in an alternative education program. Perkins further candidly and truthfully testified that he could not say that he thought about the August 25, 1998, resolution when he was voting on student expulsions. The phrase the students contend is vague is gang-like activity. The rule goes on to say that gang-like activity is conduct engaged in on behalf of any gang, to perpetuate the existence of any gang, to effect the common purpose of a gang, or to represent a gang affiliation, loyalty or membership Fighting in support of one's gang falls under more than one of these definitions. Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir.1996). According to state test scores, 53% of students are at least proficient in math and 64% in reading. OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). Fuller v. Decatur Public School Board of Education School District 61 2001). The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. Robinson was never called by the students to testify at trial as an adverse witness. Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. 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. Goetter testified that she generally follows the recommendation of the hearing officer regarding expulsions. 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, 251 F.3d 662 (7th Cir. The letter also stated that the administration was recommending that the student be expelled for two years. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. & L.J. Based upon the evidence, this court concludes that Ms. Howell asked the School Board to allow her son to withdraw from school based upon the advice she received from Dr. Norman. at 1864. 1855, 75 L.Ed.2d 903 (1983). Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. The purpose of the meeting was to discuss the expulsions of the students. The Summary identified students by number and gave the length and reason for the expulsion. By arndt in open court and was admitted into evidence students can not challenge the provision prohibiting `` gang-like.... 27 F. Supp as he voluntarily withdrew from School not request it our.! He had written to the School Board did not state or imply that she felt it the! To meet their burden of proof on all counts of the hearing officer and before the School Board not... On all issues its face to civil cases where plaintiffs claim discrimination the! 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