Student's Explicit Language Justifies Expulsion, Says Court
by
Joseph C. Maya on Apr. 26, 2017
Other Education Civil & Human Rights Civil Rights Lawsuit & Dispute Lawsuit
Summary: Blog post about a student who was expelled for using explicit language who then sued for re-enrollment.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Mingo v. Board of Education of Hartford, a student sought an injunction against the board of education to require his re-enrollment in high school after being expelled. In law, an injunction is a court order that keeps a person or organization from beginning or continuing an action threatening or invading the rights of another. An injunction can also be used to compel a party to carry out a specific action.
The student was expelled for verbal harassment of a teacher. The student was a 17-year-old Hartford resident enrolled in the tenth grade. On April 7, 1999, the student was expelled from school for “verbal harassment to a staff member.” Allegedly, the student frequently used an inappropriate and sexually insulting word referring to female genitalia to a woman teacher. The student’s defense is that he did not do it. The student brought an application to require the school board to re-enroll plaintiff student as a matriculating student at his former high school. The court found for defendant, because the board of education was clearly allowed by law to expel students for such behavior. The board of education informed the student and his parents of the board policies and school discipline, and the hearing officer found the conduct seriously disruptive. “The power of the Board to expel exists by virtue of Connecticut law” said the court. “It is the Board which is given the power to determine the facts that will justify an expulsion and it is in the Board's discretion as to how long, up to 180 school days, that expulsion is to continue.”
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Mingo v. Board of Educ. of Hartford, 1999 Conn. Super. LEXIS 2985 (Conn. Super. Ct. Oct. 25, 1999)