Student Discipline - Dr. William Allan Kritsonis - Lecture Notes

8/20/2019 Student Discipline - Dr. William Allan Kritsonis - Lecture Notes

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Student DisciplineStudent Discipline

William Allan Kritsonis,William Allan Kritsonis,PhDPhD



Suspension v. ExpulsionSus

pension v. Expulsion

TEC states that a student may be suspended from TEC states that a student may be suspended fromschool if the student engages in conduct identiedschool if the student engages in conduct identiedin the student code of conduct for which a studentin the student code of conduct for which a studentmay be suspended—the local school district ismay be suspended—the local school district is

authorized to decide what types of oenses shouldauthorized to decide what types of oenses shouldcall for a suspension.call for a suspension. Suspension is designed as a short-term disciplinarySuspension is designed as a short-term disciplinary

action. nder TEC !".##$ suspension is limited toaction. nder TEC !".##$ suspension is limited tothree days per oense% but there is no limit on thethree days per oense% but there is no limit on the

number of suspensions that might be imposed on anumber of suspensions that might be imposed on astudent% pro&ided that each is for a separatestudent% pro&ided that each is for a separateincident of misconduct. This applies only to out-of-incident of misconduct. This applies only to out-of-school suspension% not in-school suspension.school suspension% not in-school suspension.





E'pulsion is the harshest penalty the school can impose%E'pulsion is the harshest penalty the school can impose%and thus is reser&ed for only the most serious oenses andand thus is reser&ed for only the most serious oenses andis a&ailable only with students who are at least (# years old.is a&ailable only with students who are at least (# years old. TEC !".##" spells out se&eral types of conduct that re)uire TEC !".##" spells out se&eral types of conduct that re)uire

e'pulsion from school. They are* +(, possession of weaponse'pulsion from school. They are* +(, possession of weapons +, assaulti&e oenses+, assaulti&e oenses +!, arson+!, arson +, murder% capital murder% criminal attempt to commit murder+, murder% capital murder% criminal attempt to commit murder

or capital murderor capital murder +$, indecency with a child+$, indecency with a child +/, aggra&ated 0idnapping+/, aggra&ated 0idnapping +", drug or alcohol oenses if punishable as a felony+", drug or alcohol oenses if punishable as a felony

+1, retaliatory commission of an e'pellable oense against a+1, retaliatory commission of an e'pellable oense against aschool employee.school employee. The rst " must occur on school property or school-related The rst " must occur on school property or school-related

function% but retaliation is e'pellable no matter where it too0function% but retaliation is e'pellable no matter where it too0place.place.





2 3 district has discretion o&er the following oenses*3 district has discretion o&er the following oenses* +(, serious or persistent misconduct while placed+(, serious or persistent misconduct while placed

in a 43E5in a 43E5 +, drug or alcohol oenses% if not punishable as a+, drug or alcohol oenses% if not punishable as a

felonyfelony +!, inhalant oenses+!, inhalant oenses +, criminal mischief if punishable as a felony.+, criminal mischief if punishable as a felony.

6ost students will be e'pelled from the school6ost students will be e'pelled from the schoolprograms +including 43E5, to a 7u&enile 7ustice 3E5programs +including 43E5, to a 7u&enile 7ustice 3E5+773E5, or other school program.+773E5, or other school program.

8ecause a student9s :property right; to a public8ecause a student9s :property right; to a publiceducation is being ta0en% the (th amendment re)uireseducation is being ta0en% the (th amendment re)uiresthat the student be aorded an appropriate le&el of duethat the student be aorded an appropriate le&el of dueprocess% although the Education Code does not tell usprocess% although the Education Code does not tell ushow much process is due.how much process is due.





!".##< pro&ides!".##< pro&ides ::8efore a student may be e'pelled under Section8efore a student may be e'pelled under Section

!".##"% the board or the board9s designee must!".##"% the board or the board9s designee mustpro&ide the student a hearing at which the studentpro&ide the student a hearing at which the studentis aorded appropriate due process as re)uired byis aorded appropriate due process as re)uired bythe federal constitution and which the student9sthe federal constitution and which the student9sparent or guardian is in&ited in writing to attend.;parent or guardian is in&ited in writing to attend.; State law imposes two other re)uirementsState law imposes two other re)uirements

+(, the student is entitled to be represented at an e'pulsion+(, the student is entitled to be represented at an e'pulsionhearing by some adult who can gi&e guidance to thehearing by some adult who can gi&e guidance to thestudent= this person is usually the parent or guardian% butstudent= this person is usually the parent or guardian% but

can be someone else% as long as it is not a district employeecan be someone else% as long as it is not a district employee +, if an e'pulsion is ordered by the board9s designee% then it+, if an e'pulsion is ordered by the board9s designee% then it

is appealable to the board% and then to the district court ofis appealable to the board% and then to the district court ofthe county in which the school district9s administrati&e o>cethe county in which the school district9s administrati&e o>ceis located.is located.





School districts can rely on student or sta witnesses%School districts can rely on student or sta witnesses%and e&en read their written witness statements at anand e&en read their written witness statements at ane'pulsion hearing% without a right to cross-e'aminee'pulsion hearing% without a right to cross-e'amineby the accused student.by the accused student.

Courts ha&e decided that such prerecordedCourts ha&e decided that such prerecordedstatements +considered hear-say in court, arestatements +considered hear-say in court, areadmissible in student discipline matters.admissible in student discipline matters.

The minimum due process re)uirements for a long- The minimum due process re)uirements for a long-term e'pulsion consist of*term e'pulsion consist of*

+(, oral and written notice of the charges against the student+(, oral and written notice of the charges against the student +, an e'planation of the e&idence+, an e'planation of the e&idence +!, an opportunity for the student to present his side of the+!, an opportunity for the student to present his side of the

story.story.



Suspension v. ExpulsionSuspension v. Expulsion

?easons for denying the right to cross e'amine include*?easons for denying the right to cross e'amine include* +(, the fact that the administrators who in&estigate the+(, the fact that the administrators who in&estigate the

oenses are )ualied to determine the truthfulness ofoenses are )ualied to determine the truthfulness ofstudent accusersstudent accusers

+, the fact that% if forced to testify% any students would fail+, the fact that% if forced to testify% any students would fail

to come forwardto come forward +!, reasons associated with administrati&e con&enience.+!, reasons associated with administrati&e con&enience.

The best policy to follow when students are The best policy to follow when students arecaught in the act of brea0ing a school rule andcaught in the act of brea0ing a school rule andadmit guilt is to gi&e them notice of the ruleadmit guilt is to gi&e them notice of the rule

&iolation and an opportunity in the presence of&iolation and an opportunity in the presence oftheir parents or a representati&e to conrm theirtheir parents or a representati&e to conrm theiradmission of guilt in writing and to wai&e formaladmission of guilt in writing and to wai&e formaldue process rights.due process rights.



Suspension v. ExpulsionSuspension v. Expulsion

!".##< pro&ides!".##< pro&ides ::8efore a student may be e'pelled under Section8efore a student may be e'pelled under Section

!".##"% the board or the board9s designee must!".##"% the board or the board9s designee mustpro&ide the student a hearing at which the studentpro&ide the student a hearing at which the studentis aorded appropriate due process as re)uired byis aorded appropriate due process as re)uired bythe federal constitution and which the student9sthe federal constitution and which the student9sparent or guardian is in&ited in writing to attend.;parent or guardian is in&ited in writing to attend.; State law imposes two other re)uirementsState law imposes two other re)uirements

+(, the student is entitled to be represented at an e'pulsion+(, the student is entitled to be represented at an e'pulsionhearing by some adult who can gi&e guidance to thehearing by some adult who can gi&e guidance to thestudent= this person is usually the parent or guardian% butstudent= this person is usually the parent or guardian% but

can be someone else% as long as it is not a district employeecan be someone else% as long as it is not a district employee +, if an e'pulsion is ordered by the board9s designee% then it+, if an e'pulsion is ordered by the board9s designee% then it

is appealable to the board% and then to the district court ofis appealable to the board% and then to the district court ofthe county in which the school district9s administrati&e o>cethe county in which the school district9s administrati&e o>ceis located.is located.



Off-Campus RulesOff-Campus Rules

Schools retain the same authority o&er students at school-sponsoredSchools retain the same authority o&er students at school-sponsoredacti&ities occurring o campus as they ha&e when students are on campus.acti&ities occurring o campus as they ha&e when students are on campus. 3ccording to TEC !"3ccording to TEC !"

students must be remo&ed to a 43E5 if they engage in conduct thatstudents must be remo&ed to a 43E5 if they engage in conduct thatwould be felonious under certain sections of the Te'as 5enal Code.would be felonious under certain sections of the Te'as 5enal Code.

@ne factor that comes into play with regard to o-campus beha&ior is@ne factor that comes into play with regard to o-campus beha&ior isthe nature of the disciplinary punishment.the nature of the disciplinary punishment. Af the proposed sanction is a suspension from e'tracurricularAf the proposed sanction is a suspension from e'tracurricular

acti&ities% rather than a suspension from school% the courts are muchacti&ities% rather than a suspension from school% the courts are muchmore li0ely to support the school district9s position. The courts ha&emore li0ely to support the school district9s position. The courts ha&econsistently ruled that participation in athletics and otherconsistently ruled that participation in athletics and othere'tracurricular acti&ities is a :pri&ilege; rather than a :right.;e'tracurricular acti&ities is a :pri&ilege; rather than a :right.;

Therefore% where these acti&ities are concerned% schools ha&e more Therefore% where these acti&ities are concerned% schools ha&e moreauthority to create and enforce rules% e&en those that apply oauthority to create and enforce rules% e&en those that apply ocampus.campus.

3 second 0ey factor with regard to o-campus acti&ity is whether or not3 second 0ey factor with regard to o-campus acti&ity is whether or notthe school has some legitimate interest at sta0e= e'amples include thethe school has some legitimate interest at sta0e= e'amples include theuse of the internet.use of the internet. Af the student9s acti&ity mo&es beyond :oensi&e; to :threatening;Af the student9s acti&ity mo&es beyond :oensi&e; to :threatening;

the school can assert its interest in maintaining safety by ta0ingthe school can assert its interest in maintaining safety by ta0ingdisciplinary action.disciplinary action.



Off-Campus RulesOff-Campus Rules

Killion v. Franklin Regional School District (2001)Killion v. Franklin Regional School District (2001) a student composed a top (# list listing the personala student composed a top (# list listing the personal

and professional failings of the school9s 34 at his homeand professional failings of the school9s 34 at his homeand he emailed it to others who printed and distributedand he emailed it to others who printed and distributedit at school. The school suspended the student andit at school. The school suspended the student and

remo&ed him from the trac0 team% but at regional courtremo&ed him from the trac0 team% but at regional courtthe case was o&erturned and the court held that thethe case was o&erturned and the court held that theschool had failed to show that the student9s actionsschool had failed to show that the student9s actionswere materially disrupti&e to the education process.were materially disrupti&e to the education process.

JS, a Minor v. Bethlehem rea School District JS, a Minor v. Bethlehem rea School District

3 student created a website against his algebra3 student created a website against his algebrateacher that was threatening= the court decided thatteacher that was threatening= the court decided thatthe conduct was materially disrupti&e and a substantialthe conduct was materially disrupti&e and a substantialin&asion of the rights of others and the student9sin&asion of the rights of others and the student9se'pulsion was upheld.e'pulsion was upheld.



Due ProcessDue Process

BoticehearingBoticehearing There are ! 0ey concepts necessary to an There are ! 0ey concepts necessary to an

understanding of the due process clauses inunderstanding of the due process clauses inour Constitution*our Constitution* +(, There must be some action of the state—+(, There must be some action of the state—

generally spea0ing% actions by pri&ate entities do notgenerally spea0ing% actions by pri&ate entities do notimplicate the due process clauseimplicate the due process clause

+, the state must ha&e depri&ed the indi&idual of+, the state must ha&e depri&ed the indi&idual of:life% liberty% or property; Da person who sues o&er a:life% liberty% or property; Da person who sues o&er a

&iolation of due process must assert a :property&iolation of due process must assert a :propertyinterest; or :liberty interest;interest; or :liberty interest;

+!, the nature of the process due depends on the+!, the nature of the process due depends on the

se&erity of the depri&ation.se&erity of the depri&ation.



Due ProcessDue Process

An the caseAn the case Di!on v. la"ama State Boar# o$Di!on v. la"ama State Boar# o$%#&cation%#&cation% the court held that students at a public% the court held that students at a publiccollege are entitled to fair notice of the rules theycollege are entitled to fair notice of the rules theywere charged with brea0ing and a fair hearingwere charged with brea0ing and a fair hearingbefore they could be e'pelled and the court alsobefore they could be e'pelled and the court also

established what it considered to be theestablished what it considered to be thecomponents of fair notice and a fair hearing*components of fair notice and a fair hearing* +(, the notice should contain a statement of the specic+(, the notice should contain a statement of the specic

charges and the grounds that% if pro&en% would ustifycharges and the grounds that% if pro&en% would ustifye'pulsione'pulsion

+, students should be gi&en an opportunity to present to+, students should be gi&en an opportunity to present to

the board of trustees or administrati&e o>cials of thethe board of trustees or administrati&e o>cials of thecollege their own defense against the charges% includingcollege their own defense against the charges% includingthe right to call witnesses on their behalfthe right to call witnesses on their behalf

+!, students should be apprised of the results and ndings+!, students should be apprised of the results and ndingsof the hearing in a report open to their inspection.of the hearing in a report open to their inspection.



Goss v. Lopez Goss v. Lopez

An @hio% < students were gi&en a (#-day suspension fromAn @hio% < students were gi&en a (#-day suspension fromschool and the school principal did not hold hearings for theschool and the school principal did not hold hearings for theaected students before ordering the suspensions.aected students before ordering the suspensions.

The S Supreme Court concluded that due process is re)uired The S Supreme Court concluded that due process is re)uired

before a student can be suspended from school. Since thebefore a student can be suspended from school. Since the:depri&ation of property; imposed by the state is less harsh:depri&ation of property; imposed by the state is less harshin a case of short-term suspension% the :process; that isin a case of short-term suspension% the :process; that is:due; is much less burdensome.:due; is much less burdensome.

An this case% the Court concluded that% because the stateAn this case% the Court concluded that% because the state

pro&ides compulsory schooling% e&en a short-termpro&ides compulsory schooling% e&en a short-termsuspension depri&es the student of a property right and%suspension depri&es the student of a property right and%thus% re)uires due process. An cases of suspensions of (#thus% re)uires due process. An cases of suspensions of (#days or less% the Court ruled that due process re)uiresdays or less% the Court ruled that due process re)uiresschool o>cials to gi&e the student informal notice of theschool o>cials to gi&e the student informal notice of themisbeha&ior and an opportunity to oer an e'planation.misbeha&ior and an opportunity to oer an e'planation.



Corporal PunishmentCorporal Punishment

Corporal punishment continues to be legal in Te'as andCorporal punishment continues to be legal in Te'as andalso continues to be one of the few areas where localalso continues to be one of the few areas where localcontrol truly e'ists.control truly e'ists. There is no state law regarding corporal punishment% There is no state law regarding corporal punishment%

therefore the decisions are left to local school o>cials.therefore the decisions are left to local school o>cials. AnAn -ngraham v. right -ngraham v. right % the Court ruled that corporal% the Court ruled that corporal

punishment of public school studentspunishment of public school students +(, did not re)uire any formal due process measures% such as+(, did not re)uire any formal due process measures% such as

notice and a hearingnotice and a hearing +, under no circumstances could be considered :cruel and+, under no circumstances could be considered :cruel and

unusual punishment; as that term is used in the Eighthunusual punishment; as that term is used in the Eighth3mendment.3mendment.

TEC !".##( absolutely prohibits the use of :seclusion; by TEC !".##( absolutely prohibits the use of :seclusion; bypublic schools.public schools. Seclusion is dened as a techni)ue in which a student isSeclusion is dened as a techni)ue in which a student is

conned in a loc0ed bo'% loc0ed closet% or loc0ed room that isconned in a loc0ed bo'% loc0ed closet% or loc0ed room that isdesigned solely to seclude a person and whose area is lessdesigned solely to seclude a person and whose area is lessthan $# s)uare feet.than $# s)uare feet.

Student Discipline - Dr. William Allan Kritsonis - Lecture Notes

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