School Dist. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. & L.J. Also, the students claimed the School Board did not listen to the tape of the hearings before Dr. Cooprider, look at the exhibits presented to the hearing officer, or request evidence from the students' files prior to voting on the expulsions. Evidence was also presented at each hearing regarding the involvement of that particular student in the fight. 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. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. The court stated, "[w]hile the district court's statement that a year's expulsion *822 is extreme is understandable, we cannot accept the conclusion that the harm the injunction imposes on the Board is insignificant." The videotape showed approximately the final one-third of the fight. Defendants argue that Howell does not have standing to pursue this action as he has not suffered an injury which can be addressed by this court. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. 159; Anthony J. DeMarco, . Teachers carry a special ethical and legal burden Power arises from Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. The parties shall be responsible for their own court costs. Fuller ex rei. 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. Fuller, Honorable and Carson did not attend their hearings. In addition, both Goetter and Arndt testified that definitions were not provided for the terms used in Rule 10. The School Board returned to open session and, in separate votes, voted to expel Bond, Carson and Honorable for two years. Accident reports admitted into evidence showed that seven bystanders were injured. 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. The students sought declaratory and injunctive relief, essentially seeking an Order reinstating them in school. 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. 99-CV-2277 in the Illinois Central District Court. 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. See Woodis, 160 F.3d at 438-39. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. The purpose of the meeting was to discuss the expulsions of the students. Boucher, 134 F.3d at 826. FULLER v. DECATUR PUBLIC SCHOOL BD. You already receive all suggested Justia Opinion Summary Newsletters. We believe all students, whatever their circumstances or abilities, deserve the best education possible. 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. Public High Schools. Fuller v. Decatur Public School BD. Stephenson, 110 F.3d at 1305. United States District Court, C.D. the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, 2002 BYU EDUC. Boehm said the fight started on the north end of the bleachers and traveled all the way to the south end. OF EDUC. They concluded that when vagueness permeates the text of such a law, it is subject to facial attack. At 1858. For that reason, the court gave the students wide latitude to fully present their evidence at trial. Chavez, 27 F. Supp. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. 2. Also, each student received a separate hearing before the hearing officer and had an opportunity to appear and present witnesses. The students have also alleged racial discrimination and a violation of their equal protection rights. Bond attended his hearing along with his guardian, Gretta Fuller (Ms. Fuller), and his uncle, Reverend Mark Bond (Reverend Bond). This court has carefully considered each of the claims raised by the students in their First Amended Complaint. Gary J. (3) This case is terminated. The students also filed a Motion for Temporary Restraining Order or Preliminary Injunction (# 3). 2d 1053, 1069 (N.D.Ill.1998). 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 students clearly violated these two rules and substantial evidence was presented in support of the School Board's action on these matters. Private Schools. See Betts v. Board of Educ. He also concluded that each of the six students was a significant participant in the September 17, 1999, incident. Accordingly, the students are not entitled to a permanent injunction. Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. Proimos v. Fair Auto. The Office of the Fresno County Superintendent of Schools and the Fresno County Board of Education are dedicated to ensuring the success of the students of Fresno County, through the school districts we serve, by providing programs, support, oversight and training. Fight on the bleachers! This court also concludes that the students' reliance on Stephenson is misplaced. 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. Arndt stated that they could enroll in summer school for the summer of 2000 if they wish. He was sitting near the top of the east bleachers when he observed the fight going on below him. It is undisputed that seven spectators, six students and one adult, filed accident reports at MacArthur High School following the incident. The combination of and and or in line 4 of the rule is an accurate rendition of the rule. . at 444-45. 702. School discipline is an area which courts are reluctant to enter. of Seminole Co., 753 So2d 130 (Fla App 2000) (upholding suspension from extracurricular activities pursuant to a zero-tolerance policy . 61, 251 F.3d 662, 666 (7th Cir.2001). 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. A videotape taken by a spectator seated in the west bleachers was admitted into evidence. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. 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. 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. The Report also listed the exhibits entered into the record and summarized the testimony presented by each witness. Furthermore, the nature of the law affects the analysis. In order to prevail, the students here need to show that the rule is unconstitutional in all its applications, which would include its application to them-in other words, that it is unconstitutional as applied. 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. At trial, Ms. Howell testified that she went to Eisenhower High School on Saturday, September 25, 1999, to pick up the letter from Arndt which included the notice of Howell's hearing before Dr. Cooprider. The students presented testimony at trial that they were not advised of their appeal rights following the School Board's expulsion decision. Fairmont Elementary School is a highly rated, public school located in SANGER, CA. 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. Email | Print | Comments (0) No. of Educ. 1855, 75 L.Ed.2d 903 (1983). E. DUC. Chavez v. Illinois State Police,27 F. Supp. This evidence showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. 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 facial challenge in the latter situation is limited. 2d 67 (1999). Devin Lewis Fuller (born January 24, 1994) is an American former professional football player who was a wide receiver with the Atlanta Falcons in the National Football League (NFL). 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. 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. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. Linwood, 463 F.2d at 770. 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. v School Bd. Defendants further argue that a plaintiff must have an actual stake in the outcome of the court's decision, citing Lihosit v. State Farm Mut. principal at MS 22, Josh . Fans were jumping over the railing, trying to get onto the track which surrounds the football field, to escape the fight. The problem for the students, however, is convincing us that their rights were, in fact, violated. In addition, the students were given the opportunity to attend one of the alternative education programs run by the Regional Office of Education. Byrkit stated that neither he nor Hunt told Ms. Fuller that her son was going to be expelled. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. Fuller v. Decatur Public School Board of Education School District 61 2001). Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. Cf. at 444-45. 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. Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). 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. As noted, the students' First Amended Complaint (# 29) was filed on November 30, 1999. Linwood v. Board of Educ. 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. 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. 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. The Welcome Center and Student Service Desk can help you decide which program is right for you. 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. Reverend Bond also addressed the School Board on behalf of Fuller. at 1857. 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. In fact, it may be that the ordinance was not clearly enough limited in its application to gang members. Accordingly, Dr. Amprey's testimony has been considered by this court and was found to be candid and truthful. Sch. OF EDUC., Court Case No. of Educ. See also L.P.M. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. However, the evidence presented by the students' own witnesses showed that this resolution had no impact on student disciplinary cases. Scoville v. Board of Education (1970) Freedom of Speech includes the right to criticize and protest school policies in Each letter stated that a hearing had been set before a hearing officer, gave the date, time and location of the hearing, and stated that the parent or guardian and the student "are herewith requested to appear" at the scheduled hearing. Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. They may be readmitted beginning with summer school, June 2000. Location. In 2000, the U.S. District . [1] As *828 a result, the students cannot complain that Rule 10 may be vague as applied to others. However, the cases cited by the students do not support this proposition. Similarly, the rule in another case the students cite, West v. Derby Unified School District No. Accordingly, this court concludes that the students' procedural due process rights were not violated. of City of Chicago, 466 F.2d 629, 635 (7th Cir.1972); Linwood v. Board of Educ. Arndt further stated that he was unable to obtain that information from the School Board's records because the race of students was never indicated at any time to the School Board. of City of Peoria, School Dist. In addition, at most of the hearings, accident reports were made part of the record. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. Boehm testified that spectators who were in the east bleachers during the fight expressed fear, stress and turmoil when he talked to them after the fight. As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. 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. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. 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. 150, 463 F.2d 763, 767 (7th Cir. Preschools. The evidence further showed that the fight on September 17, 1999, was a continuation of this conflict and was a fight between members of these two rival gangs. Dunn, 158 F.3d at 965. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION 78 F. Supp.2d 812 (2000) | Cited 0 times | C.D. The evidence showed that the parent or guardian of each of the students received this letter prior to the hearing. At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. Robinson was never called by the students to testify at trial as an adverse witness. 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. Hunt further testified that he did not state or imply that she would be wasting her time to come to the hearing. No. Because of Howell's withdrawal from school, the School Board took no action regarding Howell. Justice Stevens, joined by Justices Souter and Ginsburg, recognized that the ordinance did not have a sufficiently substantial impact on conduct protected by the First Amendment to subject it to a facial overbreadth challenge. Traditional Public Charter Magnet. Contact info. A separate hearing was held before Dr. David O. Cooprider (Dr. Cooprider) for each of the students. Again, the School Board voted to go into closed executive session to discuss the student disciplinary cases. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. The School Board returned to open session and voted to expel Fuller for two years. v. Rodriguez,411 U.S. 1, 35-37, 93 S. Ct. 1278, 36 L. Ed. See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. Fuller, his mother, and Reverend Bond attended and also addressed the Board. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. In Goss v. Lopez,419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. 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. The most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). All rights reserved. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. Fuller v. Decatur Public Sch. 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). 99-CV-2277. It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. The principal at MacArthur said he had never seen a fight as bad as this one in his 27 years in education. 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. If the School Board had failed to take action against these students or otherwise ignored their conduct at the game, the students who were not involved in the fight, as well as the citizens of Decatur, might be led to believe that the School Board was unable to control conduct in the schools. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. He testified that a resolution such as this does not have the same impetus or force as a policy. others." Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. The School Board voted to go into closed executive session to discuss the student disciplinary cases. 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. 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. Dr. Cooprider recommended a 2-year expulsion for each student. The request was granted. The students filed their original Complaint (# 1) in this court on November 9, 1999. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. This court notes that the statistics produced during trial could lead a reasonable person to speculate that the School Board's expulsion action was based upon the race of the students. Fuller, Honorable, and Carson did not attend their hearings, and no one attended on their behalf. This court cannot enjoin enforcement of a penalty which is no longer in existence. 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. Tinker v. Des Moines (1969) . 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. That evening the School Board held an emergency meeting. 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. In the litigation that followed in Fuller v Decatur Public School Board of Education, 2 the students contended that the board had violated their constitutional rights by . This court ordered the School Board to produce this document, and it was introduced into evidence. Date: 05-24-2001 Case Style: Fuller v. Decatur Public School Board. 2d 320 (1972). 438, 443 (N.D.Ill.1994). 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, You can explore additional available newsletters here. Accord Boucher v. 99 Citing Cases The students' conduct clearly violated these rules. See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. at 1864. This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. 26, 27-28 (2011); India Geronimo, Systemic Failure: Contact us. On September 23, 1999, Kenneth Arndt (Arndt), Superintendent of Schools for the District, wrote a letter to the parent or guardian of each of the students. We begin and end our discussion with Hegwood's as-applied challenge. The court observed the testimony of both Hunt and Byrkit and finds them to be credible witnesses. Why its important? Due process requires an opportunity to be heard in a meaningful manner. Byrkit testified and corroborated Hunt's testimony. Woodis, 160 F.3d at 438-39. Your activity looks suspicious to us. 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 School Board reviewed Dr. Cooprider's Reports regarding Bond, Carson and Honorable. Auto. 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. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. The Summary did not include the race of any of the students. 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. Based upon this evidence, the hearing officer and the School Board could properly find that the students violated the prohibition against "gang-like activity." Critical Criminology, Volume . When the rule does not reach a substantial amount of constitutionally protected conduct, we must uphold a facial challenge only if the enactment is impermissibly vague in all of its applications. Justice O'Connor, joined by Justice Breyer, said, If the ordinance applied only to persons reasonably believed to be gang members, this requirement might have cured the ordinance's vagueness because it would have directed the manner in which the order was issued by specifying to whom the order could be issued. 119 S.Ct. No. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. In addition to identifying the various types of. 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