Analyzing a Court Decision

An overview of Out of School Offenses

presented by Bart Fennemore

Out-of-School Offenses Case: Tibbs v. Board of Education of the

Township of Franklin Court: 276 A.2d 165 (N.J. Super. Ct. 1971)

Students were assaulted outside of school Court agreed that the school can punish students

for out-of-school physical abuse to others. Expulsion is not permitted based on unsigned

and unidentified statements from student witnesses.

Case: McLean Independent School District v. Andrews

Court: 333 S.W.2d 886 (Tx. Civ. App. 1960) Student suspended for parking off campus which

violated school policy. Court upheld the suspension on the basis of

promoting the safety of student pedestrians.

Out-of-School Offenses Case: McNaughton v. Circleville Board of Education Court: 345 N.E.2d 649 (Ohio Comm. Pleas 1974 an

appellate court) Students suspended from school and extracurricular

activities for hazing new students of an official school club off school grounds.

The faculty advisor was not present for nor had knowledge of the initiation.

Case: Warren v. National Association of Secondary School Principals

Court: 375 F.Supp. 1043 (Tex. 1974) pp. 196 Student was dismissed from National Honor Society

for drinking. Due process was not given and the student was

reinstated and the incident was expunged from his record.

Out-of-School Offenses

Case: R.R. v. Board of Education of the Shore Regional High School District

Court: 263 A.2d 180 (N.J. Sup. Ct. Ch. Div. 1970) Allowed to expel or suspend students for out-of-

school incidents for physical and emotional safety or well-being of student as well as others in their contact.

Student readmitted because due process was violated.

Case: S. v. Board of Education, san Francisco Unified School District

Court: 97 Cal. Rptr. 422 (Cal. Ct. App. 1971) Court upheld a suspension that did not distinguish

between events that occurred on campus or off.

Out-of-School Offenses Case: Caldwell v. Cannady Court: 340 F. Supp. 835 (Tex. 1972)

“Upheld the reasonableness of a local school board policy mandating the expulsion of any student possessing, using, or selling dangerous or narcotic drugs.”

Case: Clements v. Board of Trustees of the Sheridan County School District No. 2

Court: 585 P.2d 197 (Wyo. 1978 – Supreme Court of Wyoming) “Court held that school authorities may

discipline pupils for out-of-school conduct having a direct or immediate effect on the discipline or general welfare of the school.”

Issue of Double Jeopardy

Courts have allowed for both judicial and school sanctions without violation of the Fifth Amendment as the court serves punitive effects and school have civil or remedial effects that protect the school environment.