Children’s Law Clinic Resources

307 F. Sapp. 1328

Background

Two Houston high school students, Dan Sullivan and Mike Fischer were suspended from Sharpstown High School in 1968-69. Dan and Mike published a newspaper that was critical of school officials because there were no written regulations or code of student conduct and a student never knew when they were violating the rules. The school board argued that the paper created distractions and suspended the students on March 12, 1969. The court entered a Temporary Restraining Order which required the students be readmitted pending a hearing. The students alleged there were expelled in violation of their right to free speech and due process of law. The students did avail themselves of all administrative remedies which was only to see if another high school principal would accept their transfer. Their parents were unsuccessful in this attempt. The court held that the case was maintainable as a class action lawsuit.

Relevancy for School Disciplinary Hearings

Addresses First Amendment rights and due process procedures; including time to prepare for a hearing.

Held

A student has a right to express himself while on school premises in a non-disruptive manner, subject to reasonable limitations concerning “time”, “place”, “mariner” and “duration”.

When severe discipline is contemplated-either expulsion or suspension for a substantial time-the student and his parents should be given ample time before the hearing to examine the charges, prepare a defense and gather evidence and witnesses.

The students were disciplined because of the administrations dislike of the newspaper and its content which is prohibited by the Constitution. The defendant’s deprived Plaintiffs of their rights under the first amendment and denied Plaintiff’s due process of law. Plaintiffs were entitled to judgment that they were wrongfully expelled from Sharpstown High School.