Xref: eff alt.comp.acad-freedom.talk:2365 comp.admin.policy:1260 misc.legal:11414 alt.society.civil-liberty:1359
Newsgroups: alt.comp.acad-freedom.talk,comp.admin.policy,misc.legal,alt.society.civil-liberty
Path: eff!kadie
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Re; Brack Expulsion. What Happened?
Message-ID: <1991Nov23.184249.14357@eff.org>
Organization: The Electronic Frontier Foundation
References: <1991Nov13.215045.3194@eff.org>
Date: Sat, 23 Nov 1991 18:42:49 GMT
Lines: 48

Here is some more information about the "elements of the charges" and
"issuance of findings" for formal administrative hearing. It comes
from a great book:

_School Discipline and Student Rights: an advocate's manual_ by
Paul Weckstein, revised edition, 1982, Center for Law and
Education.

The books is 5 1/2 by 11 and over 500 pages long. It is encyclopedic,
listing and summarizing almost every case on this topic.


p. 397
------------begin quote------------
Elements of the Charges

One common formulation is "the specific charges and grounds which if
proven, would justify expulsion [or suspension under the regulations
of the Board of Education."

[references to four cases: three high school and one college]

Even this, however, probably does not supply enough guidance as to the
meaning of "charges." A break down into (a) the alleged facts or acts
of the students and (b) the regulations which such acts are claimed to
violate would better indicate the comments of the charge.  See, for
example, _Mills v. Board of Education, supra_ ("state specific, clear
and full reason for the proposed action, including the specification
of the alleged act upon which the disciplinary action is based and the
reference to the regulation subsection under which such action is
proposed").

------------end quote----

p. 456
---- being quote--------
Right to Written Findings of Fact, Reasons, Etc.

Courts have generally held that students are entitled to written
findings of fact, at least for long-term discipline, and have
sometimes required additional detail, in terms of reasons, references
to evidence etc. See, for example:

[18 references for, 1 against]
------end quote---------
-- 
Carl Kadie -- kadie@eff.org, kadie@cs.uiuc.edu, or (anonymous) ap.4352@hri.com
I do not represent EFF; this is just me.