Jennifer Abernethy 31 January 2012 Dr. Hollstein: MED 6490 Title: Date: 1975 Goss v Lopez Citation: 419 U.S. 565 Level: U.S. Supreme Court Facts: Several students—in more than one situation—were suspended for violent or disruptive conduct. Some students claimed to have been innocent bystanders, and the administrators/schools did not testify to the accuracy of those statements. All students were suspended for 10 days, which the school argues is a short suspension. Although the students were not expelled, their claim is they were not heard and therefore their Due Process was violated. The students asked that the suspensions be removed from their educational records. Issue: Did suspending the students without hearing their sides of the story and notifying their parents violate Due Process? Holding: Yes. Although students who immediately threaten the safety of others may be removed without the preceding conversation/call to the parents, this needs to be the Due Process for students suspended for shorter periods of time (less than 10 days). This will prevent a well-intended administrator from suspending a student who did not deserve the suspension. It will also protect students from the unnecessary psychological effects of suspensions. Doctrine: Due Process Clause of Fourteenth Amendment Significance: Emphasized the procedures for Due Process in short suspensions.
Jennifer Abernethy 31 January 2012 Dr. Hollstein: MED 6490 Title: Goss v Lopez Date: 1975 Citation: 419 U.S. 565 Level: U.S. Supreme Court Facts: Several students—in more than one situation—were suspended for violent or disruptive conduct. Some students claimed to have been innocent bystanders, and the administrators/schools did not testify to the accuracy of those statements. All students were suspended for 10 days, which the school argues is a short suspension. Although the students were not expelled, their claim is they were not heard and therefore their Due Process was violated. The students asked that the suspensions be removed from their educational records. Issue: Did suspending the students without hearing their sides of the story and notifying their parents violate Due Process? Holding: Yes. Although students who immediately threaten the safety of others may be removed without the preceding conversation/call to the parents, this needs to be the Due Process for students suspended for shorter periods of time (less than 10 days). This will prevent a well-intended administrator from suspending a student who did not deserve the suspension. It will also protect students from the unnecessary psychological effects of suspensions. Doctrine: Due Process Clause of Fourteenth Amendment Significance: Emphasized the procedures for Due Process in short suspensions.
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