DUE PROCESS REQUIRED TO EXCLUDE STUDENT FROM SCHOOL

Robert Louis Gardana

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Admiralty / Maritime Attorney

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Posted over 2 years ago. 1 helpful vote

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ELEVENTH CIRCUIT citiing Supreme Court rules Valdosta State University student entitled to due process over his facebook page! (“[D]ue process requires, in connection with a suspension of 10 days or less, that the student be given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of ...the story. The Clause requires at least these rudimentary precautions against unfair or mistaken findings of misconduct and arbitrary exclusion from ng school.") Zaccari says that Barnes engaged in threatening behavior. But Barnes’s Facebook collage, emails, and letter—when viewed in the light most favorable to him—reveal a student who is passionate about environmental issues, but do not require an inference that Barnes intended to harm someone. Zaccari claims that his name connected to the word “memorial" in Barnes’s Facebook collage suggests that Zaccari would soon be dead. But reasonable minds could differ. Several university officials contemporaneously viewed the collage and concluded it was not threatening. And the Director of the VSU Counseling Center, Dr. Victor Morgan, told Zaccari that the collage was not a threat.

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Decision - Eleventh Circuit

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