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.". 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. 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. 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. game (Fuller ex rel. Decided: May 24, 2001 Before RIPPLE, KANNE, and EVANS, Circuit Judges. In fact, information regarding the race of a student never appeared on the hearing officers' reports nor was the School Board ever advised of the race of any student facing expulsion. 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. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. He stated that he said nothing to Ms. Howell "that would lead her to believe that it was a foregone conclusion" that her son would be expelled. No one appeared to speak on behalf of Carson or Honorable. The School Board agreed to allow Howell to withdraw. Fuller ex rel. See also Baxter v. Round Lake Area Schools,856 F. Supp. The students also filed a Motion for Temporary Restraining Order or Preliminary Injunction (# 3). 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. The letter stated that "[y]ou are not required to attend, however, if you desire you may attend and also have an attorney and witnesses present.". Sign up for our free summaries and get the latest delivered directly to you. Woodis, 160 F.3d at 438-39. others." The students have cited absolutely no case law authority in support of this argument. Fuller v. Decatur Public School DS. 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. A copy of these provisions was attached to each letter. The purpose of the meeting was to discuss the expulsions of the students. School discipline is an area which courts are reluctant to enter. See Woodis, 160 F.3d at 438-39. 1983, alleging that their constitutional rights were violated because one of the three school disciplinary rules they were found to have violated was void for vagueness. at 444-45. v School Bd. 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. 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." Fuller and Howell have now graduated from high school. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. 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. The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. Grade Level. v. Rodriguez,411 U.S. 1, 35-37, 93 S. Ct. 1278, 36 L. Ed. In addition to identifying the various types of. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. Accident reports admitted into evidence showed that seven bystanders were injured. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. 2908, 37 L.Ed.2d 830 (1973). He was sitting near the top of the east bleachers when he observed the fight going on below him. OF EDUC., Court Case No. Bd. 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. Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. 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. 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. 61, 251 F.3d 662, 666 (7th Cir.2001). On Friday, September 17, 1999, a football game was held at Eisenhower High School between Eisenhower and MacArthur High School. 2d 549 (1986)); see also Betts v. Board of Educ. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. The evidence showed that the parent or guardian of each of the students received this letter prior to the hearing. Brigham Young University Education and Law Journal , 2002(1), 159-210 . Boucher, 134 F.3d at 826. As a consequence, no testimony was presented by either African American member of the School Board that the School Board's decision was racially motivated. Here, unlike the situation in Stephenson, the evidence presented before Dr. Cooprider and the School Board showed that the students engaged in conduct that was clearly proscribed by Rule 10. See Plummer, 97 F.3d at 230. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. 7 . Case Number: 00-1233 Judge: Evans Court: United States Court of Appeals for the Seventh Circuit Plaintiff's Attorney: Ralph E. Williams, Springfield, Illinois; Lewis Myers, Jr., Chicago, Illinois; Berve M Power, Chicago, Illinois; and Andre M Grant of the Law Offices of Andre M. Grant, Chicago, Illinois 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. Perkins' testimony was both candid and credible. A violation of the rule is grounds for suspension or expulsion from school.2. The following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. These statistics were never presented to the School Board at any time during the expulsion proceedings. The students' conduct clearly violated these rules. A successful substantive due process claim requires an "extraordinary departure from established norms." 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. 159 (2002). Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. 159; Anthony J. DeMarco, . See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. Fuller v. Decatur Public School Bd. 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. Boehm testified that the bleachers on the east end were pretty close to being full of spectators, including students, parents, teachers and grandparents. at 1857. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. *824 At the beginning of trial, the students asked the School Board to produce an "Expulsion Summary" which Arndt prepared for the School Board on October 5, 1999. of City of Peoria, School Dist. Please try again. 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. Stephenson, 110 F.3d at 1308 (quoting Bethel School Dist. Howell, his mother, and Dr. Jeanelle Norman appeared and asked that Howell be allowed to with draw from school rather than having the disciplinary hearing. Hoffman Estates, 455 U.S. at 495, 102 S. Ct. 1186; see also Woodis, 160 F.3d at 438. 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. According to Boehm, when the fight was over, the bleachers were approximately one-half full. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. . All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. 2079 Keyes v. School District No. 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. ", 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.". However, this court cannot make its decision solely upon statistical speculation. Hunt further testified that he did not state or imply that she would be wasting her time to come to the hearing. This court will not speculate as to what the outcome of this case would have been if the record had concluded following the October 1, 1999, and October 4, 1999, expulsion hearings when five of the students were expelled for two calendar years. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or quasi-judicial trial." of City of Peoria, School Dist. 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. United States District Court, C.D. (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . Scott testified that he did not tell Ms. Howell that her son was going to be expelled. 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. In addition, Ms. Fuller testified that she and her son attended his hearing before the School Board on October 1, 1999. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Reverend Bond also addressed the School Board on behalf of Fuller. 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." Ms. Howell testified that Scott told her that her son was being expelled. 2001) case opinion from the US Court of Appeals for the Seventh Circuit See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. All rights reserved. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. 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. Evidence at the hearings showed that each student was an active participant in the fight. Again the Board reviewed the videotape. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. The School Board voted to go into closed executive session to discuss the student disciplinary cases. On April 1, 2009, the American Civil Liberties Union's Racial Justice Program, . Boehm said the fight started on the north end of the bleachers and traveled all the way to the south end. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. The students have also alleged racial discrimination and a violation of their equal protection rights. The principals of the respective high schools each recommended that the students be expelled for 2 years. The following Monday, September 20, 1999, an investigation was begun by the administration at each high school to determine *817 who was involved in the fight. The videotape speaks volumes on this issue. 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. DIST. Linwood, 463 F.2d at 770. Jordan ex rel 46-48 % of the bleachers and traveled all the way to the hearing on 25... That Howell lacks standing to be expelled consequently, this court can make... At 438 be expelled for 2 years trial showed that the students argue that phrase... Students ' First Amended Complaint also Baxter v. Round Lake Area Schools,856 F. Supp following. 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