A rule, regulation, or law can be facially unconstitutional under two different theories. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. 150, 463 F.2d 763, 767 (7th Cir. 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. These hearings took place on September 27, 28 and 29, 1999. The principals of the respective high schools each recommended that the students be expelled for 2 years. principal at MS 22, Josh . As noted, the students' First Amended Complaint (# 29) was filed on November 30, 1999. The court concluded that the regulation prohibiting gang symbols was constitutionally infirm because it failed to provide adequate notice of the prohibited conduct. Loading. The evidence showed that the parent or guardian of each of the students received this letter prior to the hearing. Moreover, this court notes that the students were charged with violations of two other rules: Rule 13, prohibiting physical confrontation or violence with staff or students; and Rule 28, prohibiting any other acts that endanger the well-being of students, teachers or other school employees. It is questionable whether it involves free speech rights. 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." 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. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. & L.J. 2d at 1066. 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. Co., 264 Ill.App.3d 576, 201 Ill.Dec. Accord Boucher v. 99 Citing Cases The injuries complained of were mainly bruises. No. In addition, both Goetter and Arndt testified that definitions were not provided for the terms used in Rule 10. of City of Chicago, 466 F.2d 629, 635 (7th Cir.1972); Linwood v. Board of Educ. 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. The Monday after the game, an investigation began at each high school to determine who was involved in the fight. The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. 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. Accordingly, in each Report, Dr. Cooprider recommended that the student be expelled for two years. 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.". 2d 469 (1993). Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. 2d 731 (1969)). Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. Fuller v. Decatur Public School Bd. The problem for the students, however, is convincing us that their rights were, in fact, violated. A trial was held on December 27, 28, and 29, 1999. 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. 2d 549 (1986)); see also Betts v. Board of Educ. School Name. 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. 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. Fuller, his mother, and Reverend Bond attended and also addressed the Board. Loading. 438, 443 (N.D.Ill.1994). 2d 16 (1973)); see also Dunn v. Fairfield Community High School Dist. This court also concludes that the students' reliance on Stephenson is misplaced. 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. 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. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. The Board reviewed the videotape of the fight and the report of Dr. Cooprider. Scoville v. Board of Education (1970) Freedom of Speech includes the right to criticize and protest school policies in 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. Therefore, in that case, because a cross can have many meanings, and can be a religious symbol, it was not clear that the student violated the rule prohibiting "gang symbols." 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." 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. Perkins said he did not "spend a lot of time thinking about resolutions." In addition, no one attended the hearings on their behalf. Accident reports admitted into evidence showed that seven bystanders were injured. She also testified that, on October 4, 1999, she attended the School Board meeting with Dr. Norman, the president of the NAACP in Decatur and a former member of the School Board. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. Preschools. *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. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. A videotape taken by a spectator seated in the west bleachers was admitted into evidence. Armstrong, 517 U.S. at 465, 116 S. Ct. 1480. The court further finds that the School Board did not act illegally, improperly or deny the students their constitutional rights. See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 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. 1944, 23 L.Ed.2d 491 (1969). As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. Bd. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. Boucher v. School Bd. See Fed.R.Evid. 99-CV-2277. 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. Finally, the court concludes that the students cannot challenge the provision prohibiting "gang-like activity" as void for vagueness. 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. Each student was suspended from school for 10 days pending further School Board action. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . That is incorrect. Boucher, 134 F.3d at 826. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." Perkins was questioned about the School Board's decision in this case and said that he could not testify that race was "an issue in the decision to expel. Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. of Greenfield, 134 F.3d 821, 827 (7th Cir. The videotape showed approximately the final one-third of the fight. Proimos v. Fair Auto. Contact us. 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. 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. Because of the efforts of the Rainbow/PUSH Coalition and the intervention of Governor George Ryan, the School Board reconsidered its decision and reduced the expulsions of the five students from two calendar years to the balance of the 1999-2000 school year. Nevertheless unsatisfied, some of the students, by their parents, brought this action pursuant to 42 U.S.C. Dist. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. 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. The School Board returned to open session and, in separate votes, voted to expel Bond, Carson and Honorable for two years. The situation is different from that in Rios v. Lane, 812 F.2d 1032 (7th Cir.1987), in which we found a prison regulation unconstitutional as applied to an inmate who copied information from an authorized prison newspaper and disseminated the copies. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Evidence at the hearings showed that each student was an active participant in the fight. No. 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. 61, from the Seventh Circuit, 05-24-2001. The videotape speaks volumes on this issue. 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. 2d 731 (1969)). The court first concludes that each student received notice of a hearing before an independent hearing officer and before the School Board. *825 Further, this court notes that both Perkins and Terry Robinson (Robinson) attended the November 8, 1999, School Board meeting. Brigham Young University Education and Law Journal , 2002(1), 159-210 . Website. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. In closed session, the School Board reviewed the videotape of the incident at the football game. After reviewing the evidence presented at trial, this court finds that the students have failed to meet their burden of proof on all issues presented and are not entitled to a declaratory judgment or injunctive relief. The email address cannot be subscribed. The School Board's expulsion of the students will stand. of Educ. The School Board returned to open session and voted to expel Fuller for two years. 159, 160-62; Kathleen DeCataldo & Toni Lang, Keeping Kids in School and Out of Court: A School-Justice Partnership, 83 N.Y. ST. B.J. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. The School Board then went into closed executive session. Teachers carry a special ethical and legal burden Power arises from Traditional Public Charter Magnet. 159, 198 (2001). It is undisputed that seven spectators, six students and one adult, filed accident reports at MacArthur High School following the incident. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. OF EDUC., Court Case No. 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.'" He also concluded that each of the six students was a significant participant in the September 17, 1999, incident. 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. This court reemphasizes the fact that the statistics presented at trial were created pursuant to this court's order. The students brought their First Amended Complaint pursuant to 42 U.S.C. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. at 444-45. The students who attended their hearings were allowed to question witnesses and present testimony. The students' conduct clearly violated these rules. Designed by chaplains, Fuller's newest degree is a 2-year program offering holistic training for those called to provide spiritual care outside of traditional church settings. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. 26, 27-28 (2011); India Geronimo, Systemic Failure: These statistics failed to establish that any similarly situated Caucasian students were treated less harshly. Cf. 207, 29 F.3d 1149 (7th Cir.1994). 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. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Dunn, 158 F.3d at 965. 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). None of the students testified at trial and they have never denied their involvement in the fight. Date: 05-24-2001 Case Style: Fuller v. Decatur Public School Board. 159 (2002). 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." Fuller and Howell have now graduated from high school. 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." A. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. 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. 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. 2079 Keyes v. School District No. Listed below are the cases that are cited in this Featured Case. 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. Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. Fuller ex rel. 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." 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." 159; Anthony J. DeMarco, . 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. Private Schools. of EDU. 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 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. ", 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.". This letter states that the decision of expulsion would be made by: * The School Board. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. 2d 67 (1999). 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. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. & L.J. Illinois, Danville/Urbana Division. 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. Your activity looks suspicious to us. Visit the About the Directory web page to learn more. 702. A facial challenge in the latter situation is limited. No. The students appeal. 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." 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. In United States v. Armstrong,517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. The fight in which the students were involved began on one end of the bleachers and traveled all the way to the other end. 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. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. By thoroughly completing these procedural steps, the School Board has sufficiently complied with the procedural due process requirements of the law. Six students who attended three different high schools in the Decatur Public School District were expelled from school for 2 years for their roles in the fight. To punish that activity under a rule prohibiting gang activity is far removed from punishing students for an out-and-out gang fight at a high school football game. The joint exhibits consisted of all of the documents presented to the independent hearing officer, a transcript of the hearings before the hearing officer, the hearing officer's reports and the records from the relevant School Board meetings. 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