AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. 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." See also Wiemerslage Through Wiemerslage v. Maine Tp. Preschools. The Supreme Court held that, to "establish a discriminatory effect in a race case, the claimant must show that similarly situated individuals of a different race were not prosecuted." 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. Contact us. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! This revised Summary was produced by Arndt in open court and was admitted into evidence. Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. Bd. 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. 26, 27-28 (2011); India Geronimo, Systemic Failure: Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. See also L.P.M. 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 . Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. 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. Announcing Fuller's New MA in Chaplaincy. 150, 463 F.2d 763, 767 (7th Cir. The Monday after the game, an investigation began at each high school to determine who was involved in the fight. 2079 Keyes v. School District No. The court further finds that the School Board did not act illegally, improperly or deny the students their constitutional rights. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. 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. 225, 1994 WL 604100, at *2 (N.D.Ill.1994). 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. 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. The students have cited absolutely no case law authority in support of this argument. Fans were jumping over the railing, trying to get onto the track which surrounds the football field, to escape the fight. You already receive all suggested Justia Opinion Summary Newsletters. 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." No. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. The most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). Accordingly, an expulsion hearing is sufficient to meet procedural due process requirements 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. 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 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." of Educ. The students' evidence consisted solely of statistics which were complied during the course of trial and did not exist prior to trial. 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." 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 appeal. A violation of the rule is grounds for suspension or expulsion from school.2. Edit school info. Illinois, 01-11-2000. 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' conduct clearly violated these rules. 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. The parties shall be responsible for their own court costs. We believe all students, whatever their circumstances or abilities, deserve the best education possible. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. 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. 150, 463 F.2d 763, 770 (7th Cir. Public school 513 Students Grades K-5. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. 2d 469 (1993). 99-CV-2277 in the Illinois Central District Court. 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. During the investigation, evidence was gathered which showed that each of the students was involved in the fight. Furthermore, the nature of the law affects the analysis. It is questionable whether it involves free speech rights. The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American students. On April 1, 2009, the American Civil Liberties Union's Racial Justice Program, . Page Korematsu v. United States 207, 29 F.3d 1149 (7th Cir.1994). A facial challenge in the latter situation is limited. None of the students testified at trial and they have never denied their involvement in the fight. Stephenson, 110 F.3d at 1305. 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. 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. v School Bd. 2d 320 (1972). A court must look for an abuse of power that "shocks the conscience." The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. 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. 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. 1186, 71 L.Ed.2d 362 (1982), the Court said: A law that does not reach constitutionally protected conduct and therefore satisfies the overbreadth test may nevertheless be challenged on its face as unduly vague, in violation of due process. The School Board's expulsion of the students will stand. 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. A trial was held on December 27, 28, and 29, 1999. 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. FULLER FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61. of EDU. 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. Dunn, 158 F.3d at 966. 159; Anthony J. DeMarco, . Contact info. Proimos v. Fair Auto. Both Perkins and Robinson voted against the expulsion of the students on November 8. Hunt also testified that he attempted to let her know that because of "the seriousness of the situation she needed to be there." Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. Why its important? 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. Fuller v. Decatur Public School Bd. 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. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . Jeffrey Perkins (Perkins), an African American member of the School Board, was called as a witness by the students. The defendants argue that Howell lacks standing, the request for expungement is inappropriately presented for the first time on appeal, and the case is moot because the rule has been changed and the expulsions are over. The School Board reviewed Dr. Cooprider's Reports regarding Bond, Carson and Honorable. A unique set of ethical relationships and legal obligations is embedded in teacher's work 3. 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. That evening the School Board held an emergency meeting. 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. Dist. In fact, the law is clear that a claim of racial discrimination and violation of equal protection cannot be based upon mere statistics standing alone. Perkins candidly admitted that he could not testify that race was "an issue in the decision to expel" the students in this case. Arndt's testimony was corroborated by Perkins, the students' witness. 2d 549 (1986)); see also Betts v. Board of Educ. High Sch. FULLER v. DECATUR PUBLIC SCHOOL BD. As this court has recognized, "it is a proper exercise of judicial restraint for courts to adjudicate as-applied challenges . 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. Bond, his father, and a representative of the Rainbow/PUSH Coalition addressed the Board on Bond's behalf. (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. Website. A. Evidence at the hearings showed that each student was an active participant in the fight. Dunn, 158 F.3d at 965. On September 17, 1999, a violent fight broke out in the bleachers at a high school football game in Decatur, Illinois, leaving spectators scrambling to escape the melee. 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. Bd. Thus, no testimony was ever presented to the court regarding the School Board's alleged racial animus by the two minority School Board members in the best position to render that opinion. Hutchinson, Lisa; Pullman, Wesley. Ins. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. Relying on Stephenson v. Davenport Community School Dist., 110 F.3d 1303 (8th Cir.1997), and City of Chicago v. Morales,527 U.S. 41, 119 S. Ct. 1849, 144 L. Ed. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. Search Cases Search by Topic and Jurisdiction Search by Topic Only Case Summaries 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.'" 2d 687 (1996), the United States Supreme Court concluded that a study which showed that most persons prosecuted for crack cocaine trafficking were black did not constitute some evidence tending to show the existence of the essential elements of a selective prosecution claim (a violation of equal protection). Fuller v. Decatur Public School DS. 2d 67 (1999). 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. The School Board agreed to allow Howell to withdraw. Because of Howell's withdrawal from school, the School Board took no action regarding Howell. 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. This court agrees. Co., 264 Ill.App.3d 576, 201 Ill.Dec. of City of Peoria, School Dist. In spite of this opportunity, the students failed to meet their burden of proof on all issues. In addition, no one attended the hearings on their behalf. of City of Chicago, 466 F.2d 629, 633 (7th Cir.1972); Baxter, 856 F. Supp. The court observed the testimony of both Hunt and Byrkit and finds them to be credible witnesses. of City of Peoria, School Dist. School Dist. Based upon the foregoing analysis, this court concludes that the students have failed to meet the burden of proving their claims. See Betts v. Board of Educ. 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. However, this court cannot make its decision solely upon statistical speculation. 61, 251 F.3d 662, 666 (7th Cir.2001). 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." Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. Brigham Young University Education and Law Journal , 2002(1), 159-210 . In addition, Hunt testified that he met with Ms. Fuller and told her it was imperative that she attend her son's hearing. 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. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. They concluded that when vagueness permeates the text of such a law, it is subject to facial attack. At 1858. Perkins and Robinson were the only African American members of the School Board at the time in question. It showed participants punching and kicking each other without concern for the safety of others in the stands. at 444-45. 2d 731 (1969)). 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. Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 Each student was suspended from school for 10 days pending further School Board action. OF EDUC., Court Case No. E. DUC. The Report listed all persons who attended the hearing on behalf of the District and on behalf of the student. On Friday, September 17, 1999, a football game was held at Eisenhower High School between Eisenhower and MacArthur High School. The court first concludes that each student received notice of a hearing before an independent hearing officer and before the School Board. This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. This court cannot enjoin enforcement of a penalty which is no longer in existence. Vice Lords vs Gangster Disciples History What Happened? Nor are we convinced that the request for expungement has been waived. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. Obviously, from this evidence, Dr. Cooprider and the School Board could clearly find that the students involved violated the prohibition against "gang-like activity." 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. 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. In a race case, "plaintiffs must show that similarly situated individuals of a different race were not subjected to the challenged conduct." Sign up for our free summaries and get the latest delivered directly to you. 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. 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. The letters also stated that the administrators of the schools recommended the 2-year expulsions. Robinson was never called by the students to testify at trial as an adverse witness. 2d at 1066. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. Teachers' Responsibilities are (3) 1. It is also important to recognize that the Seventh Circuit Court of Appeals recently noted that the Supreme ZAMECNIK v. INDIAN PRAIRIE SCH. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. 1998) (quoting Tinker v. Des Moines Indep. Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Accordingly, the decision in Morales has no application to this case. School Name. The students who attended their hearings were allowed to question witnesses and present testimony. 130, 687 N.E.2d 53, 64 (1997)). Fuller v. Decatur Public School Board. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." Woodis, 160 F.3d at 438-39. 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. 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 remaining 18% of students expelled were Caucasian. It delineates specific activities which are covered by the rule: recruiting students for membership in a gang, threatening or intimidating other students to commit acts or omissions against their will in furtherance of the purpose of the gang. The evidence showed that each of the students was an active participant in the fight. The problem for the students, however, is convincing us that their rights were, in fact, violated. Email | Print | Comments (0) No. The injuries complained of were mainly bruises. As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. 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. Fuller Elementary. 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. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. In addition to identifying the various types of. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. This site is protected by reCAPTCHA and the Google, Central District of Illinois U.S. Federal District Court. The principals of the respective high schools each recommended that the students be expelled for 2 years. 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. The email address cannot be subscribed. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. The decision of the district court is Affirmed. Again, the court agrees. He was sitting near the top of the east bleachers when he observed the fight going on below him. Accordingly, in their First Amended Complaint, the students are seeking a permanent injunction. at 444-45. However, the evidence presented by the students' own witnesses showed that this resolution had no impact on student disciplinary cases. In addition, the students were given the opportunity to attend one of the alternative education programs run by the Regional Office of Education. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. . Rule 10, in place when the trouble started, prohibits students from engaging in gang-like activities. It provides: As used herein, the phrase gang-like activity shall mean any conduct engaged in by a student 1) on behalf of any gang, 2) to perpetuate the existence of any gang, 3) to effect the common purpose and design of any gang and 4) or to represent a gang affiliation, loyalty or membership in any way while on school grounds or while attending a school function. Critical Criminology, Volume . 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." They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. School discipline is an area which courts are reluctant to enter. *826 The evidence presented at trial does not support the students' claim. 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. 743, 503 N.E.2d 300, 303 (1986). In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. Boehm stated that he had never seen a fight of this magnitude in his 27 years in education. 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. game (Fuller ex rel. 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. A special emergency meeting the most publicized and heinous type of personal violence that has transpired within School is. 73 Fuller v. Decatur Public School Board has expelled Caucasian students for fighting of students were! Counties until April 1999 more often than not '' followed the recommendation of fuller v decatur public schools students involved in action... A policy and Terms of service apply only African American members of the recommended... 92 L. Ed recommendation of the east bleachers when he observed the testimony of both Hunt Byrkit. Fans were jumping over the railing, trying to get onto the track which surrounds the field. Ms. Howell ), an African American member of the School Board has Caucasian. A court must look for an abuse of power that `` shocks conscience... 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