![]() What your school can suspend you for depends on which state you live in. Most suspensions are for offenses such as cigarette smoking or truancy. What can I be suspended for?Įach year, more than 1.5 million students miss a day or more of school due to being suspended. But even then, they're obligated by law to give the student notice and a hearing as soon as possible after the expulsion. The only way you school can suspend or expel a student without notice or a hearing is if they think the student is a danger to other students or to school property. You can use this record if you decide to appeal the decision.īut you don't have the right to a hearing for a minor punishment, such as being made to sit at the back of the class or detention. And you have the right to ask that a record be made of everything that happens at the hearing. You also have the right to question or cross-examine your accusers and the witnesses against you. And if you're facing serious punishment, like suspension for more than 10 days, you have the right to be represented by a lawyer who can call witnesses. If you deny the charges, the school officials have to tell you what evidence they have, and give you the chance to tell your side of the story. You also have the right to a hearing before a person or people who are impartial, meaning they don't have anything to do with the incident, and they don't have any attitude towards you one way or the other. No matter how long the suspension, you have a right to notice of the charges against you - that means being told exactly what you did that was wrong. What are my rights if I'm about to be suspended? Contact your local ACLU chapter or affiliate to find out the laws in your state. Some state laws, however, may give you some due process protection in school. If you go to a private school, your due process rights may be different, because private schools are not required to obey the Constitution. Or for something other kids did and only got detention for. So your school can't suspend you for just a minor violation. Lopez that involved some high school students who had been suspended without a hearing.Īnother thing: if you're found guilt of something, the punishment can't be more serious than the misconduct was. Supreme Court way back in 1975 when it decided a case called Goss v. Well, they can't just throw you out! You have a right to a hearing so you can tell your side of the story. Let's say a teacher or school official accuses you of having done something wrong and wants to suspend you. THE AUTHOR CONCLUDES THAT PRE-TRIAL LINEUP PROCEDURES ARE NECESSARY IF THE ACCUSED IS TO OBTAIN RELIABLE AND INDEPENDENT EVIDENCE WHICH ENABLES HIM TO CHALLENGE AN IDENTIFICATION WHICH MAY BE INACCURATE.The Fourteenth Amendment to the Constitution guarantees everyone in the United States something called "due process of law," which means you have the right to be treated fairly by people who are in positions of authority - teachers, school administrators, - and the police. ALSO DISCUSSED ARE THE CRITERIA, SET UP BY THE EVANS COURT, WHICH MUST BE SATISFIED BEFORE THE ACCUSED IS ENTITLED TO A LINEUP - THE EXISTENCE OF A MATERIAL ISSUE OF IDENTITY, A REASONABLE LIKELIHOOD THAT A MIS-IDENTIFICATION OCCURRED, AND A TENDENCY OF A LINEUP TO RESOLVE ANY MISTAKE. THE AUTHOR POINTS OUT THAT THE EVANS COURT FELL WITHIN THE SCOPE OF THE PROSECUTION'S DUTY TO DISCLOSE SINCE IT CONSTITUTED SUBSTANTIAL AND MATERIAL EVIDENCE FAVORABLE TO THE DEFENSE. THESE PRINCIPLES REQUIRE PRETRIAL DISCLOSURE OF EVIDENCE THAT IS MATERIAL, AND EXCULPATORY OR FAVORABLE TO THE DEFENDANT PRETRIAL DISCLOSURE OF THE NAME AND ADDRESS OF AN INFORMANT WHO MIGHT HAVE INFORMATION PERTINENT TO THE DEFENDANT'S GUILTY OR INNOCENCE AND RECIPROCAL DISCOVERY OF EVIDENCE. SUPREME COURT DECISIONS WHICH DEVELOPED THE COURTS THREE DISCOVERY PRINCIPLES ARE CITED. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |