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. Google Scholar. The fight in which the students were involved began on one end of the bleachers and traveled all the way to the other end. 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. The students do not proceed under this theory. Second, this court concludes that the students did not present any evidence which established that the School Board's decision to expel them for engaging in violent behavior was in any way based upon race. The Monday after the game, an investigation began at each high school to determine who was involved in the fight. 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. 61, 251 F.3d 662, 666 (7th Cir.2001). Boucher, 134 F.3d at 826-27. Accordingly, in each Report, Dr. Cooprider recommended that the student be expelled for two years. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Public High Schools. The School Board's expulsion of the students will stand. 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. at 444-45. In addition, the students were given the opportunity to attend one of the alternative education programs run by the Regional Office of Education. Armstrong, 517 U.S. at 465, 116 S. Ct. 1480. Courts reached mixed results when students had knives in schools . See Plummer, 97 F.3d at 230. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. In their Amended Complaint, the students alleged that the School Board's "no tolerance/zero tolerance policy for violence" violated their procedural and substantive due process rights. The School Board then reviewed the video-tape of the fight at Eisenhower High School on September 17, 1999. No. 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. v. Rodriguez,411 U.S. 1, 35-37, 93 S. Ct. 1278, 36 L. Ed. Hoffman Estates, 455 U.S. at 495, 102 S. Ct. 1186; see also Woodis v. Westark Community College, 160 F.3d 435, 438 (8th Cir.1998). These hearings took place on September 27, 28 and 29, 1999. 7 . of Educ. The six plaintiffs were identified and suspended for 10 days pending further action of the School Board. Byrkit testified and corroborated Hunt's testimony. Vice Lords vs Gangster Disciples History What Happened? No. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. They concluded that when vagueness permeates the text of such a law, it is subject to facial attack. At 1858. At each hearing, a document was introduced into evidence which showed that each student had signed a form stating that he received a copy of the Discipline Policy. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. 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. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." of Educ. Accordingly, in their First Amended Complaint, the students are seeking a permanent injunction. The violation of these two rules alone would be a sufficient basis for the School Board to expel the students. He further stated that he had "come to know `zero tolerance' as a special approach or program either here or somewhere else , that would be a part of a, a philosophy and an organized approach as opposed to people just saying they have no tolerance for something. Based upon the foregoing analysis, this court concludes that the students have failed to meet the burden of proving their claims. The Summary did not include the race of any of the students. Fuller v. Decatur Public Sch. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which stated that it joined other school districts, law enforcement and mental health agencies "in declaring a no-tolerance position on school violence, and encourages all citizens to make a commitment to violence-free schools." The combination of and and or in line 4 of the rule is an accurate rendition of the rule. The School Board returned to open session and voted to expel Fuller for two years. 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. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. 2908, 37 L.Ed.2d 830 (1973). Contact info. Fuller v. DECATUR PUBLIC SCHOOL BD. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. 150, 463 F.2d 763, 770 (7th Cir. Gary J. Brigham Young University Education and Law Journal , 2002(1), 159-210 . Fuller and Howell have now graduated from high school. Based upon this testimony, the students argue that their due process rights were violated because their parents "were discouraged in pursuing the due process proceeding for their children.". Plaintiffs presented nothing at trial to contradict this evidence. During the investigation, evidence was gathered which showed that each of the students was involved in the fight. Dr. Cooprider recommended a 2-year expulsion for each student. The videotape speaks volumes on this issue. 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. Morales, 119 S. Ct. at 1863 (quoting City of Chicago v. Morales, 177 Ill. 2d 440, 227 Ill.Dec. 2d 731 (1969)). 99-CV-2277 in the Illinois Central District Court. 806 Calloway Drive, Raleigh, NC 27610. The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American 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.'" See Fed.R.Evid. A court must look for an abuse of power that "shocks the conscience." Preschools. At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. Delphine Bond Kendrex (Ms. Kendrex), Bond's mother, testified that she spoke to Elmer McPherson (McPherson), assistant superintendent for the District, on September *823 27, 1999, prior to the date of the hearing set for Bond. If using a mobile device, consider using the CA Schools Mobile Application to . Each of the students had a separate hearing before Dr. David O. Cooprider, who had been the regional superintendent for Macon and Piatt Counties and who at the time was a hearing officer under contract to conduct expulsion hearings. As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. This court ordered the School Board to produce this document, and it was introduced into evidence. Why its important? In closed session, the School Board reviewed the videotape of the incident at the football game. Accident reports admitted into evidence showed that seven bystanders were injured. The purpose of the meeting was to discuss the expulsions of the students. The School Board agreed to allow Howell to withdraw. Find Fuller Elementary test scores, student-teacher ratio, parent reviews and teacher stats. The students clearly violated these two rules and substantial evidence was presented in support of the School Board's action on these matters. A copy of these provisions was attached to each letter. Perkins' testimony was both candid and credible. Website. 61, from the Seventh Circuit, 05-24-2001. Because the period of expulsion has ended, the students recognize that any remedy is necessarily limited, but they seek an order sending the case back to the district court for a determination whether expungement of the disciplinary records is an appropriate remedy. The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. As noted, the students' First Amended Complaint (# 29) was filed on November 30, 1999. In this court the students seek a ruling that the prohibition against gang-like activity is facially unconstitutional because it lacks clear definitions of what the prohibited conduct is. As previously noted, the case law is clear that an expulsion hearing is sufficient to meet the procedural due process requirements of the law if the plaintiff knew the charges against him, received notice of the expulsion hearing, and was given a full opportunity to explain his position in an evidentiary hearing. This court cannot enjoin enforcement of a penalty which is no longer in existence. at 444-45. Ironically, in Morales the problem with the anti-loitering ordinance was that loitering was defined as remaining in any one place with no apparent purpose. It was the phrase no apparent purpose that was found to be overly vague, not the phrase a criminal street gang member which was also found in the ordinance. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. 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. Visit the About the Directory web page to learn more. Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. [1] As *828 a result, the students cannot complain that Rule 10 may be vague as applied to others. Dunn, 158 F.3d at 966. Bd. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. Fight on the bleachers! Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Moreover, none of the Caucasian students who were expelled for physical confrontations or fighting can be considered "similarly situated" to the students involved in this case. No. Ins. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. Location. 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. of Education (1999) Gangs have been part of the school system as far back as the 1930's. Involvement in gangs usually never exceeds 10% Why young people join gangs? The decision in Armstrong is applicable to civil cases where plaintiffs claim discrimination on the basis of race. 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. Dunn, 158 F.3d at 966. The length of these expulsions ranged from a period to five months to a period of one year, three months. Finally, the court concludes that the students cannot challenge the provision prohibiting "gang-like activity" as void for vagueness. 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. Fuller v. Decatur Public School BD. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. He played college football for the UCLA Bruins.Fuller was converted from quarterback to receiver as a freshman, and was the Bruins' second-leading receiver in 2013 and 2014. In United States v. Armstrong,517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. Whatever is true of other rules, rule 10 is not devoid of standards. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. Search Cases Search by Topic and Jurisdiction Search by Topic Only Case Summaries The videotape showed a violent fight where the participants were punching and kicking at each other, with no regard for the safety of individuals seated in the stands watching the game. game (Fuller ex rel. However, the cases cited by the students do not support this proposition. 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. Your activity looks suspicious to us. Again, the School Board voted to go into closed executive session to discuss the student disciplinary cases. 2d 362 (1982), the United States Supreme Court cautioned courts to "examine the complainant's conduct before analyzing other hypothetical applications of the law." The Court stated that "the ordinance does not provide sufficiently specific limits on the enforcement discretion of the police `to meet constitutional standards for definiteness and clarity.'" 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. Accordingly, a challenge to a school disciplinary policy fails unless the policy is "wholly arbitrary." 130, 687 N.E.2d 53, 64 (1997)). Stephenson, 110 F.3d at 1305. In 2000, the U.S. District . Fuller v. Decatur Public Sch. of Educ. Boehm said he saw fans "jumping over the rail, coming down trying to get onto the track" and "running up the bleachers trying to get away." Accordingly, there is no *821 expulsion decision of the School Board involving Howell for this court to enjoin or declare unconstitutional. In addition to identifying the various types of. 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. These statistics failed to establish that any similarly situated Caucasian students were treated less harshly. 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. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. No. In a separate vote, the School Board also voted to expel Jarrett for two years. 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. Bd. Similarly, the rule in another case the students cite, West v. Derby Unified School District No. A videotape taken by a spectator seated in the west bleachers was admitted into evidence. The School Board returned to open session and, in separate votes, voted to expel Bond, Carson and Honorable for two years. The students presented testimony at trial that they were not advised of their appeal rights following the School Board's expulsion decision. The School Board then went into closed executive session. Defendants objected to the students calling as an expert witness Dr. Walter Amprey (Dr. Amprey), the former superintendent of the Baltimore, Maryland, *820 public schools. In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . The videotape showed approximately the final one-third of the fight. The students' evidence consisted solely of statistics which were complied during the course of trial and did not exist prior to trial. Scott recommended that Howell and Honorable be expelled for two years. The court further finds that the School Board did not act illegally, improperly or deny the students their constitutional rights. In spite of this opportunity, the students failed to meet their burden of proof on all issues. After returning to open session, the School Board voted, in a separate vote for each student, to change the *819 length of the expulsions to the remainder of the 1999-2000 school year. Woodis, 160 F.3d at 438-39. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. It is also important to recognize that the Seventh Circuit Court of Appeals 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.'" 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. He was also a kick returner with UCLA. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. Hunt further testified that he did not state or imply that she would be wasting her time to come to the hearing. Reverend Jesse Jackson was allowed to address the School Board. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . Hunt testified that the fight started at the stairwell near the north end of the bleachers and proceeded into the bleachers where it moved along the bleachers from the north end to the south end. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. This evidence consisted of statements from eyewitnesses and testimony from school administrators regarding their investigation of the fight. A document was signed by Howell and Ms. Howell which stated that Ms. Howell was voluntarily withdrawing her son from school, in lieu of having an expulsion hearing. These activities include recruiting students for membership in any gang and threatening or intimidating other students or employees to commit acts or omissions against his/her will in furtherance of the common purpose and design of any gang. In Goss v. Lopez,419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. The Board reviewed the videotape of the fight and the report of Dr. Cooprider. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. During cross examination, Ms. Fuller further explained that she did not attend the hearing because she "had planned on just withdrawing him like Mrs. Howell and just letting him go to Springfield." Sign up for our free summaries and get the latest delivered directly to you. School Dist. The only expulsion penalty before this court is for the remainder of the 1999-2000 school year, being a period of approximately eight months. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. The School Board voted to go into closed executive session to discuss the student disciplinary cases. Fuller School of Excellence Pre-K through 8th Grades 4214 S. Saint Lawrence Ave. Chicago , IL 60653 773-535-1687 Enrollment: 322 A CPS Neighborhood School 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. Private Schools. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! In Fuller v. Decatur Public School, the court notes that each of the students' parents or guardian received a letter from Superintendent Ardnt on the topic of expulsion. Morales,527 U.S. 41, 119 S. Ct. 1849, 1863, 144 L. Ed. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. Evidence was also presented at each hearing regarding the involvement of that particular student in the fight. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. 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. 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. Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearings. Download PDF Check Treatment Summary They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. Chavez, 27 F. Supp. It showed participants punching and kicking each other without concern for the safety of others in the stands. Reverend Bond also addressed the School Board on behalf of Fuller. Letters were sent to the students' parents noticing a hearing date and stating that the students were charged with violating three disciplinary provisions, copies of which were attached to the letter. East & Administrative Campus 200 NE 14th St. Boca Raton, FL 33432 561-391-7274 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. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. See also Wiemerslage Through Wiemerslage v. Maine Tp. 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. The remaining 18% of students expelled were Caucasian. This court will now set forth a detailed analysis of the facts of this case, the claims raised by the students and the law supporting the court's decision. It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. Arndt testified that racial information was not included in the Summary because the School Board did not request it. You already receive all suggested Justia Opinion Summary Newsletters. others." The injuries complained of were mainly bruises. 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. 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. However, the evidence presented by the students' own witnesses showed that this resolution had no impact on student disciplinary cases. 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