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Frequently Asked Questions (FAQs)
Zero Tolerance Policies in the Wake of Columbine
1. What exactly does due process mean?
Due process is the right to be treated fairly by people who are in positions of authority. It requires that states and their local government subdivisions provide fair and adequate procedures for determining between the offense and the punishment. Procedural due process rights entitle you to certain procedural safeguards such as legal hearings before a board or judge in order to present your side of the story. In the case of students and school suspensions of 10 days or more, procedural due process entitles you to a formal hearing. The actual definition of a hearing is not clearly defined in many school disciplinary policies, which means students are often times interrogated by school officials and law enforcement officers without an attorney or parent present. Students have greater rights, however, when faced with longer suspensions or expulsion is at issue. Due process also gives students the right to have adequate notice of the type of school conduct that is prohibited so that they're not subjected to "irrational punishment." That type of due process is called substance due process.
2. What legal protections do students have against being discriminated against on the basis of race, color or national origin?
The Fourteenth Amendment to the U.S. Constitution and Title VI, of the Civil Rights Act of 1964, each prohibit discrimination on the basis of race, color or national origin. The Constitution applies to all public school systems and Title VI applies to any school system receiving federal funds. However, the Supreme Court has held that only intentional discrimination violates the Fourteenth Amendment, and intentional discrimination is very difficult to prove. In order to meet the Supreme Court's determination of intentional discrimination a student must prove that students of color were treated differently than white students and that black students received disciplinary action more often for the same infractions. The problem with proving racial discrimination, according to the Harvard study mentioned above, is that it's difficult to collect evidence of such discrimination if the discipline of white students goes unreported.
3. Can I be suspended or expelled for writing or websites that I create on my computer at home?
The answer mostly depends on whether the behavior impacts your conduct in school. In some states, schools have authority over students' activities on school grounds, at school-sponsored events, and during recesses and on the way to and from the school or school activities. In some states, the courts have given schools authority to suspend students who commit serious criminal acts off school grounds. When it comes to free speech the lines also are blurred. Although there is a clear distinction between speech off- campus and speech on campus, you can be suspended or expelled for speech that materially disrupts school operations.
