Presentation on theme: "Created by the Ohio State Bar Foundation"— Presentation transcript:
1Created by the Ohio State Bar Foundation DUE PROCESSRESPECTING OUR RIGHTSCreated by the Ohio State Bar Foundation
2Due Process- Respecting our Rights Board of Education, School District No. 92 of Pottawatomie County v. Earls, Lindsay, et. al. (2011)Created by the Ohio State Bar Foundation
3Background Story “Student Activities Drug Testing Policy” Participation in extracurriculars means random drug testsMust sign off on policyLindsay Earls challenged policy in court
4Background Story Fourth Amendments Rights: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5Legal Problem Is random drug testing unconstitutional? Does the school need probable cause to test students in extracurricular activities?Can a student be forced to submit to random testing as a condition of participation?
6Legal Problem Is the intrusion too significant? Does a school restrict a student’s rights because of such a policy?Does this policy effectively serve the school’s interest in protecting a student’s safety and health?
7Arguments in Favor of Earls Fourth Amendment protectionNo right for mandatory, baseless urinalysisDue process is being denied
8Arguments in Favor of the School School’s right to prevent drug useDiminished expectation of privacy for studentsParticipation is not mandatoryParticipation = acceptance of drug policy
9Outcome Federal District Court ruled for the school 10th Circuit Court of Appeals reversed the decisionU.S. Supreme Court ruled 5-4 for the school
10Outcome Serves the school’s need to prevent drug use Students have limited privacyTaking urine samples is minimally intrusive
11Created by the Ohio State Bar Foundation DUE PROCESSRESPECTING OUR RIGHTSCreated by the Ohio State Bar Foundation
12Let’s Add Due Process to the Test Fourteenth Amendment’s Due Process Clause:“…nor shall any State deprive any person of life, liberty, or property, without due process of law; …”Created by the Ohio State Bar Foundation
13Let’s Add Due Process to the Test Policy is constitutionalSearch and seizure is constitutionalStill must get fair hearing (due process) to tell one’s side of the story
14Let’s Add Due Process to the Test What due process rights do students have before schools punish or dismiss them for disciplinary or academic reasons?
15Let’s Add Due Process to the Test Two types:Substantive due process- Schools cannot infringe on fundamental Constitutional libertiesProcedural due process- Schools are limited on how a law is administered, applied, or enforced. Policies must be fairly applied.
16Let’s Add Due Process to the Test Balancing test for substantive and procedural due process- Three factors1. Was a student given a fair hearing? Did a student get a chance to tell his side of the story?
17Let’s Add Due Process to the Test 2. Did the student have more rights taken away because of the procedures used? For example, was a student’s drug test announced to the whole school, thus going beyond the policy’s purpose?
18Let’s Add Due Process to the Test 3. Is the burden for the school to supply due process beyond reasonable expectations?
19Created by the Ohio State Bar Foundation DUE PROCESSRESPECTING OUR RIGHTSCreated by the Ohio State Bar Foundation
20Due Process - Respecting our Rights Historical CaseGoss v. Lopez (1975)Created by the Ohio State Bar Foundation
21Background Story Protesting the Vietnam War at Central High School School property was damaged75 students suspended
22Background StoryNo hearings for suspensions- Ohio law did not require hearingsDwight Lopez was innocent bystanderNo explanation for his suspension
23Background Story Many suspensions were for 10 days Parents sued The Supreme Court of Ohio ruled the law was unconstitutionalSchool officials appealed to U.S. Supreme Court
24Background Story Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
25Legal ProblemDoes the Fourteenth Amendment’s Due Process Clause extend to students?Were the students’ rights to due process violated when they were not given a hearing before the suspensions?
26Legal ProblemDoes the school’s need to protect students override due process in emergency situations that demand swift actions by officials?
27Arguments in Favor of the School Schooling is a state responsibilityNo constitutional right to education- no right to due process10 days is not a severe lossOhio law permits suspension for misconductMisconduct occurred
28Arguments in Favor of Lopez Guaranteed free educationCannot withdraw education if misconduct can’t be determined10-day suspension is dangerous and severe punishment
29Arguments in Favor of Lopez Notify students of rules they are breakingConfront their accusersDue process protects all citizens- students included
30Outcome Supreme Court rules 5-4 for students Students are citizens- deserve protectionArbitrary suspensions- unconstitutional10-day suspension- deprives “life, liberty, or property”
31Outcome Dissenting justices: Suspensions are “insignificant infringement of education.”Different rights and duties between adults and childrenDiscipline is part of functioning school
32Created by the Ohio State Bar Foundation DUE PROCESSRESPECTING OUR RIGHTSCreated by the Ohio State Bar Foundation
33Judging the Fourteenth Amendment Present Day RealitiesJudging the Fourteenth AmendmentCreated by the Ohio State Bar Foundation
34Background Story Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
35Background Story 14th Amendment was added to Constitution in 1868 A Reconstruction Amendment (added after Civil War)
36Background Story Citizenship Clause- Rights of an American Equal Protection Clause- all citizensDue Process Clause- enforcing legal rights owed to all citizens
37Background Story Constitution- rigid but not stagnant Over 200 years- 17 more Amendments after the Bill of RightsGovernment powers- only those granted in Constitution
38Background StoryGovernment makes decisions how to carry out granted powers- “Reasonable Construction”Decisions not easyRight and wrong not always clear
39Asking Fourteenth Amendment Questions Who is protected by due process?Does it protect immigrants? Should it?
40Asking Fourteenth Amendment Questions What is an impartial due process hearing?If you are going to be suspended or expelled from school, should administrators only be making the decision as they hear your case?
41Due Process QuestionsShould the government provide lawyers during due rights hearings to the person whose rights are being questioned?Should terrorism suspects, such as those at Guantanamo Bay, have due rights protection?
42Asking Fourteenth Amendment Questions What procedures should be required before a student be dismissed for academic failure?
43Asking Fourteenth Amendment Questions Should due process be applied when interviewing for a job, college admission, or scholarship aid, especially if you are turned down?Should you be told why?
44Asking Fourteenth Amendment Questions Can you be dismissed from a job without due process?
45Due Process QuestionsThe Patriot Act is a law passed to prevent and punish terrorist acts against the United States by letting law enforcement have extra powers.Is the Patriot Act in conflict with due process in any way?
46Asking Fourteenth Amendment Questions Due process supporters often contend it is better to let 10 guilty people go than convict one innocent person. How do you respond to this statement?
47Asking Fourteenth Amendment Questions Are your due process rights denied if you sit in the office during a class because you are misbehaving?