Due Process Due Process and the and the

PrincipalPrincipalEDAD 689 The School PrincipalEDAD 689 The School Principal

By: Melanie DozierBy: Melanie DozierSeptember 21, 2010September 21, 2010

What is due process?What is due process? Due process is a Constitutional right that comes Due process is a Constitutional right that comes

from the 14from the 14thth amendment. amendment. No state can “deprive a person of their life, No state can “deprive a person of their life,

liberty, or property without due process of law”.liberty, or property without due process of law”. ““Procedures enacted to safeguard the rights of Procedures enacted to safeguard the rights of

an employee, including the right to a fair and an employee, including the right to a fair and impartial hearing on allegations of impartial hearing on allegations of noncompliance with the policies, goals, noncompliance with the policies, goals, objectives, rules, and regulations of a school objectives, rules, and regulations of a school district” (Rebore, 2009, p. 376).district” (Rebore, 2009, p. 376).

Students’ RightsStudents’ Rights The Fourth Amendment (privacy The Fourth Amendment (privacy

issues) prohibits “unreasonable” issues) prohibits “unreasonable” searches and seizures.searches and seizures.

The Fifth Amendment (fairness) is the The Fifth Amendment (fairness) is the due process clause where the principal due process clause where the principal must provide the student with 2 rights must provide the student with 2 rights when disciplining:when disciplining:– Specific information about the charges Specific information about the charges

and the evidence behind itand the evidence behind it– A chance to tell his side of the storyA chance to tell his side of the story

Searches and SeizuresSearches and Seizures

““REASONABLE SUSPICION”REASONABLE SUSPICION”No warrant is necessary for school No warrant is necessary for school

officials, where prohibited by the police.officials, where prohibited by the police.

Lockers: courts have upheld searchesLockers: courts have upheld searchesPurse/Book Bags: reasonable suspicionPurse/Book Bags: reasonable suspicionBody Searches: pat-down (minimally Body Searches: pat-down (minimally

invasive; strip (highly invasive)invasive; strip (highly invasive)

Searches and Seizures (cont.)Searches and Seizures (cont.)

Canine Searches: drug-sniffing dogsCanine Searches: drug-sniffing dogs

only explore what is within “plainonly explore what is within “plain

smell.”smell.”Student Drug Testing: random drugStudent Drug Testing: random drug

testing for students to participate in testing for students to participate in

extracurricular activitiesextracurricular activitiesStudent’s Car in Parking Lot: reasonableStudent’s Car in Parking Lot: reasonable

Students’ Rights (cont.)Students’ Rights (cont.)

If due process is not followed, any If due process is not followed, any punishment can be overturned.punishment can be overturned.

Small offenses with small penalties – Small offenses with small penalties – principal’s officeprincipal’s office

Large offenses with suspensions, Large offenses with suspensions, expulsions, and/or criminal charges expulsions, and/or criminal charges usually merit a formal process with usually merit a formal process with potential legal representation.potential legal representation.

Employees’ RightsEmployees’ Rights

Each employee has a behavior file in the Each employee has a behavior file in the

district protected by the law.district protected by the law. No material derogatory to an employee’s No material derogatory to an employee’s

conduct, service, character, or conduct, service, character, or

personality can be placed in file withoutpersonality can be placed in file without

the teacher first reading it.the teacher first reading it. Employee has to sign saying she read it, Employee has to sign saying she read it,

but she doesn’t have to agree with it.but she doesn’t have to agree with it.

Employees’ Rights (cont.)Employees’ Rights (cont.)

If the written notice has not been put in If the written notice has not been put in

file within 3 months of the incident, file within 3 months of the incident, itit

may not be added to the file.may not be added to the file. Employee can reproduce any material Employee can reproduce any material

in her file and can review her file.in her file and can review her file.

Employee DisciplineEmployee Discipline

Written warning.Written warning. Employee is given time to improve.Employee is given time to improve. If satisfactory improvement is not shown,If satisfactory improvement is not shown,

a second written warning with a second written warning with specificspecific

consequences if the problem is notconsequences if the problem is notrectified.rectified.

After a series of warnings, the employee After a series of warnings, the employee can be dismissed, usually by board.can be dismissed, usually by board.