Legal Question in Civil Rights Law in Pennsylvania

Re: use of photo to suspend student

My initial reaction was to agree with the first answer. However, I found this in a case:

"The State Board of Education has promulgated regulations to govern the Commonwealth's system of education. 22 Pa. Code � 12.6(b) permits the expulsion of a student for a period of ten days, i.e. a "full suspension," after an informal hearing before the principal is offered to the student and the student's parents. The informal meeting allows the student to explain the circumstances of the event, and permits the principal and the student's parents to meet and discuss the situation. 22 Pa. Code � 12.8(f) states that the due process rights afforded by an informal hearing are to include the following: written notice to the student and his parents of the reasons for suspending the student; notice of the time and place of the hearing; the right to cross-examine any witnesses; and the student's right to speak on his own behalf. This informal hearing is an administrative proceeding, not a criminal one, and as such has more flexible due process requirements. Abremski v. Southeastern School District, 54 Commw. 292, 296, 421 A.2d 485, 487 (1980). Abremski, id., stated:

Even for a ten-day suspension, there is no federal constitutional mandate for advance notice or an adversarial hearing, much less a right to counsel, so long as some form of notice and some form of hearing are provided. Goss v. Lopez, 419 U.S. 565, 579 (1975)."

Reading on, the suspension seemed to be limited to activities while on school premises or under the supervision of the School Board. At any rate, you are at least entitled to a hearing. The question is whether or not you can exclude the photos. Even though due process rights are flexible, you can't cross-examine a photograph but you may have the right to cross-examine the photographer.

I'd be a little more concerned about the teacher who told them to drink in their rooms than about the ten day suspension.

Re: use of photo to suspend student

I'm terribly sorry to tell you this, but the reason your daughter and her friends are really suspended is that in light of the evidence, no reasonable person would believe that they would hold wine coolers "not drinking them" but to "pose for a picture", except maybe their mother...which is where you come in.

If you take a step back, you will realize that the issue is one of evidence. The evidence in this case strongly suggests that your daughter was drinking. Just as if she took a picture with a dead body or a pound of cocaine, it would strongly suggest her involvement with the same. Ultimately, however, it doesn't matter that you believe what she told her; the principal and school officials have more than enough evidence to reasonably conclude that she was drinking. The other kids are not suspended because there is not enough evidence of their doing the same. If you want to come forward with your own hearsay evidence that they were, it will probably be listened to, but it will not be like a photo.

I'm sure other kids were drinking, and if you have proof a parent supplied it, other than kids trying to pass guilt, then great. But it doesn't change the fact that there is compelling evidence against your daughter, and only hearsay evidence as to anything or anyone else. If she has been charged with a crime, feel free to ask me about this, but the suspension will likely stand. As for getting the other kids suspended--that would not really help your daughter any way.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]

Re: use of photo to suspend student

Though I do not practice in Pennsylvania, I do think that you have a shot if in fact your child was not drinking. Are there others who can say they were with her at the time the picture was taken and that they did not see her imbibe? She can also testify. So can the other girls. Someone took the picture, can that person speak about the issue?

The issue of course may be deeper, there is the issue of the photo going against a drug or alcohol policy.

You should go to an education attorney and have him look to either reduce the suspension or appeal it.

Good Luck.