(Emphasis in original.). The following Monday, September 20, 1999, an investigation was begun by the administration at each high school to determine *817 who was involved in the fight. [1] As *828 a result, the students cannot complain that Rule 10 may be vague as applied to others. Morales,527 U.S. 41, 119 S. Ct. 1849, 1863, 144 L. Ed. 2d at 1066. As this court has recognized, "it is a proper exercise of judicial restraint for courts to adjudicate as-applied challenges . 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. 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. Ms. Fuller said that it was her understanding that it was a "foregone conclusion" that her son was going to be expelled so there was no point in taking off work to attend his hearing. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. Fuller v. Decatur Public School BD. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. Location. Woodis, 160 F.3d at 438-39. Research the case of Fuller v. Decatur Public School Board of Education School Dist. The traditional standards for a permanent injunction are: (1) whether the plaintiff has succeeded on the merits; (2) whether the plaintiff has an adequate remedy at law or will suffer irreparable harm without an injunction; (3) whether the balance of harms between the parties favors entering the injunction; and (4) whether the entry of the injunction will harm the public interest. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. Vague As-Applied to The Nasty Habit. 150, 463 F.2d 763, 767 (7th Cir. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION 78 F. Supp.2d 812 (2000) | Cited 0 times | C.D. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. This court has carefully considered each of the claims raised by the students in their First Amended Complaint. The parties shall be responsible for their own court costs. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or quasi-judicial trial." The Welcome Center and Student Service Desk can help you decide which program is right for you. Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. Auto. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. ", 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.". Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. Decided: May 24, 2001 Before RIPPLE, KANNE, and EVANS, Circuit Judges. Byrkit testified and corroborated Hunt's testimony. Rather, the ordinance was characterized as a criminal law which contained no mens rea requirement and which infringed on the constitutionally protected right to liberty. On the other hand, in our case, the rule on its face and certainly as applied to these students prohibits threatening and intimidating actions taken in the name of a gang. Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. Boucher v. School Bd. The videotape speaks volumes on this issue. For that reason, the court gave the students wide latitude to fully present their evidence at trial. 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." Arndt's testimony was corroborated by Perkins, the students' witness. Nor are we convinced that the request for expungement has been waived. Arndt also testified that the other students will be allowed to re-enroll in their regular high schools at the end of the 1999-2000 school year. Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. 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. Whatever is true of other rules, rule 10 is not devoid of standards. 438, 443 (N.D.Ill.1994). FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION | C.D. Fuller ex rel. See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. OF EDUC. 702. The videotape also showed that spectators in the bleachers were scrambling to get away from the fight. In 2000, the U.S. District . Howell and his mother attended, along with a representative of the NAACP, Jarrett and his mother attended his hearing, and Bond attended with his guardian and his uncle, Reverend Mark Bond. A court must look for an abuse of power that "shocks the conscience." On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. 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. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. The evidence at each of the hearings also included the testimony, report, or both, of Doug Taylor, a Decatur police officer assigned to Eisenhower High School as a police liaison officer, regarding his investigation of the fight. *824 At the beginning of trial, the students asked the School Board to produce an "Expulsion Summary" which Arndt prepared for the School Board on October 5, 1999. 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. Gary J. Finally, the court concludes that the students cannot challenge the provision prohibiting "gang-like activity" as void for vagueness. The students sought declaratory and injunctive relief, essentially seeking an Order reinstating them in school. Fuller v. Decatur Public Sch. . The provisions were rule 10 involving ganglike activities, rule 13 involving physical confrontations or physical violence, and rule 28, a catch-all provision involving acts found to endanger the well-being of others. Evidence was also presented at each hearing regarding the involvement of that particular student in the fight. 2d 320 (1972). It also showed that the students were members of the rival gangs, the Vice Lords and the Gangster Disciples, that fought that night. 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. They concluded that when vagueness permeates the text of such a law, it is subject to facial attack. At 1858. 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." Each letter also provided notice that two hearings were scheduled, one before the hearing officer and one before the School Board. Ms. Howell testified that Scott told her that her son was being expelled. The remaining 18% of students expelled were Caucasian. Rule 65(a) (2) of the Federal Rules of Civil Procedure allows a judge to consolidate the hearing of a motion for a preliminary injunction with the trial on the merits if the parties consent. Further, Arndt testified that their high school transcripts will not be any different from other transcripts and will not reflect that they were expelled or that they attended an alternative education program. (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. Accordingly, in each Report, Dr. Cooprider recommended that the student be expelled for two years. East & Administrative Campus 200 NE 14th St. Boca Raton, FL 33432 561-391-7274 The purpose of the meeting was to discuss the expulsions of the students. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. v. Rodriguez,411 U.S. 1, 35-37, 93 S. Ct. 1278, 36 L. Ed. 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. Traditional Public Charter Magnet. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. The students never claimed or offered any testimony at any point in the administrative process that they were not engaged in physical confrontation or violence with fellow students. A successful substantive due process claim requires an "extraordinary departure from established norms." 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." Illinois | January 11, 2000 Free Legal Research for Anyone, Anytime, Anywhere www.anylaw.com ORDER On November 30, 1999, Plaintiffs Roosevelt Fuller, Gregory Howell,Terence Jarrett, Errol Bond, In their First Amended Complaint, the students alleged that their procedural due process rights were violated because the notice of the hearings was inadequate, they did not have an opportunity to confront their accusers and they were not informed of their appeal rights. Scott recommended that Howell and Honorable be expelled for two years. Fuller, his mother, and Reverend Bond attended and also addressed the Board. 1983, alleging that their constitutional rights were violated because one of the three school disciplinary rules they were found to have violated was void for vagueness. Rule 10 states: At trial, Dr. Amprey testified that, in his opinion, "the rule in and of itself is subject to so many varied definitions of the term `gang' that renders itself, for lack of a better term, useless in the sense of clearly defining or of pointing out that someone is involved in gang activity." 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. Public High Schools. Illinois, 01-11-2000. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. principal at MS 22, Josh . In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir.1996). at 1864. Fuller v. DECATUR PUBLIC SCHOOL BD. Jeffrey Perkins (Perkins), an African American member of the School Board, was called as a witness by the students. These bystanders included six students at MacArthur High School and one adult. 2d 549 (1986)); see also Betts v. Board of Educ. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. The evidence showed that the parent or guardian of each of the students received this letter prior to the hearing. In addition, gang membership seems not to implicate the right of association: in Morales, the Chicago ordinance's impact on the social contact between gang members and others does not impair the First Amendment right of association that our cases have recognized. 119 S.Ct. 2d at 1066. Reverend Jackson addressed the Board. Dr. Walter Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students and did not recall ever seeing the term "zero tolerance.". This site is protected by reCAPTCHA and the Google, Central District of Illinois U.S. Federal District Court. If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. 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.'" The students argue that, because the School Board relied upon Rule 10 in its decision to expel them, the expulsions must be reversed. Fans were jumping over the railing, trying to get onto the track which surrounds the football field, to escape the fight. 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. 00-1233. Stay up-to-date with how the law affects your life. A facial challenge in the latter situation is limited. The evidence presented before the hearing officer showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. Each student was charged with violating: Rule 10, Gang-Like Activities; Rule 13, Physical Confrontation/Physical Violence with Staff or Students; and Rule 28, Any Other Acts That Endanger the Well-Being of Students, Teachers, or Any School Employee(s). Similarly, the rule in another case the students cite, West v. Derby Unified School District No. The principal at MacArthur said he had never seen a fight as bad as this one in his 27 years in education. Chavez, 27 F. Supp. An Examination of Fuller v. Decatur Public School Board of Education School District, 22 B.Y.U. 207, 29 F.3d 1149 (7th Cir.1994). No one appeared for Carson or Honorable. 99-CV-2277. Bd. 2. of City of Chicago, 466 F.2d 629, 635 (7th Cir.1972); Linwood v. Board of Educ. Chavez, 27 F. Supp. In addition, no one attended the hearings on their behalf. You already receive all suggested Justia Opinion Summary Newsletters. Then later, when a careful investigation reveals that the fight was between well-known rival street gangs, it is reasonable for school officials to see the fight as gang-like activity. In fact, the students do not say that the fight was not gang-related. 159 (2002). 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. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. Plaintiffs presented nothing at trial to contradict this evidence. 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. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. Brigham Young University Education & Law Journal, 21, 159-209. (2) All motions shown as pending in this case (#3, #63, #76) are DENIED as moot. Department of Education (ED), 106,222 public school students were expelled during the 2004-2005 . Defendants contend that, to have standing to bring a declaratory judgment action, a plaintiff must have sustained a real injury, fairly traceable to a defendant's conduct, which is likely to be redressed by the requested relief, citing Springfield Rare Coin Galleries, Inc. v. Johnson,115 Ill. 2d 221, 104 Ill.Dec. Fuller, Honorable, and Carson did not attend their hearings, and no one attended on their behalf. The Report listed all persons who attended the hearing on behalf of the District and on behalf of the student. The Board conducted separate votes for each of the five remaining students; the result was that the length of the expulsions was shortened to last only through the remainder of the 1999-2000 school year. Zero Tolerance ~ January 11, 2000 On August 25, 1998, the School Board adapted a "no-tolerance position on school violence" The ruled the fight as a continuation of an incident that occurred on September 3, 1999 (gang related) 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. In Goss v. Lopez,419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. However, 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. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. *813 *814 Ralph E. Williams, Springfield, IL, Lewis Myers, Jr., Andre M. Grant, Chicago, IL, Berve M. Power, Chicago, IL, Mark A. Lyon, Chicago, IL, for plaintiffs. 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. Jim Thomas, principal of Stephen Decatur High School, recommended that Fuller and Bond be expelled for two years stating that the "severe nature of the infraction warrants the recommendation for expulsion." 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. The students sought an Order reinstating them in school. This evidence consisted of statements from eyewitnesses and testimony from school administrators regarding their investigation of the fight. Rather, they rely on the second, which is that even if a law does not reach a substantial amount of constitutionally protected conduct, it can be found to be impermissibly vague if it fails to define the offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and it fails to establish standards to permit enforcement in a nonarbitrary, nondiscriminatory manner. *826 The evidence presented at trial does not support the students' claim. In Bethel School District No. This court will not speculate as to what the outcome of this case would have been if the record had concluded following the October 1, 1999, and October 4, 1999, expulsion hearings when five of the students were expelled for two calendar years. The court observed the testimony of both Hunt and Byrkit and finds them to be credible witnesses. Although rule 10 has been changed, and while the period of expulsion is over, an expulsion of this severity can have serious consequences to the students. Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. The decision in Armstrong is applicable to civil cases where plaintiffs claim discrimination on the basis of race. The School Board then reviewed the video-tape of the fight at Eisenhower High School on September 17, 1999. 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. [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." A copy of these provisions was attached to each letter. Arndt stated that they could enroll in summer school for the summer of 2000 if they wish. The School Board voted to go into closed executive session to discuss the student disciplinary cases. The students' conduct clearly violated these rules. In a separate vote, the School Board also voted to expel Jarrett for two years. 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. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. 2d 731 (1969)). 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." Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. 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." 225, 1994 WL 604100, at *2 (N.D.Ill.1994). Robinson was never called by the students to testify at trial as an adverse witness. Bond attended his hearing along with his guardian, Gretta Fuller (Ms. Fuller), and his uncle, Reverend Mark Bond (Reverend Bond). Public School Type. Perkins' testimony was both candid and credible. Based upon the foregoing analysis, this court concludes that the students have failed to meet the burden of proving their claims. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. Hunt (Hunt), director of human resources for the District, also testified that he was present at the game. On November 8, 1999, School Board President Jacqueline Goetter (Goetter) and other representatives of the District, including Arndt, were involved in an eight-hour meeting with representatives of the Rainbow/PUSH Coalition and Governor George Ryan. 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." 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." The students' evidence consisted solely of statistics which were complied during the course of trial and did not exist prior to trial. 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. others." 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. Teachers' Responsibilities are (3) 1. 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. On April 1, 2009, the American Civil Liberties Union's Racial Justice Program, . 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." The letters also stated that the administrators of the schools recommended the 2-year expulsions. That any persons charged with keeping the peace-e.g., police officers or school officials-have an obligation to break up a violent fight in the stands at a high school football game cannot be disputed. That is incorrect. A rule, regulation, or law can be facially unconstitutional under two different theories. Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. He stated that he said nothing to Ms. Howell "that would lead her to believe that it was a foregone conclusion" that her son would be expelled. 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. In spite of this opportunity, the students failed to meet their burden of proof on all issues. at 1857. OF EDUC., Court Case No. Thomas W. Kelty, Michelle L. Proctor, Kelty Law Offices, P.C., Springfield, IL, Michael C. Bruck, Michael T. Beirne, David M. Jenkins, Melissa M. Riahei, Quinlan & Crisham, Ltd., Chicago, IL, for defendants. In closed session, the School Board reviewed the videotape of the incident at the football game. The students have also alleged racial discrimination and a violation of their equal protection rights. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. 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.'" 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. Listed below are the cases that are cited in this Featured Case. Because of the intervention of Governor Ryan, the students were allowed to attend an alternative education program immediately. v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, 2002 BYU EDUC. 99-CV-2277 in the Illinois Central District Court. Not only does rule 10 have very little to do with the Constitution, it also is not a criminal law but merely a school disciplinary rule. (3) This case is terminated. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. A violation of the rule is grounds for suspension or expulsion from school.2. See also Gardner v. Barnett, 199 F.3d 915 (7th Cir.1999) (en banc), which involved the shooting death of the manager of a high school football team caught between areas controlled by the Gangster Disciples and the Vice Lords. & L.J. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. 1944, 23 L.Ed.2d 491 (1969). Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. Scott testified that he did not tell Ms. Howell that her son was going to be expelled. 159, 198 (2001). 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. 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. He was sitting near the top of the east bleachers when he observed the fight going on below him. 604100, at * 2 ( N.D.Ill.1994 ) Armstrong is applicable to civil cases where claim. In another case the students ' constitutional rights were violated, expungement might well... The text of such a law, it is subject to facial attack that an expulsion.... 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