Facts
- Ohio law authorized public-school principals to suspend students for up to 10 days and required parent notice within 24 hours, but provided no hearing for such short-term suspensions.
- Nine Columbus, Ohio public-school students were suspended for up to 10 days for alleged misconduct (including property damage and disruption).
- The suspensions were imposed without a hearing before the suspensions and without a prompt opportunity to be heard afterward.
- The students brought a federal class action seeking declaratory and injunctive relief, including expungement of suspension references from school records.
Issues
- Whether a public-school student facing a suspension of 10 days or less has a Fourteenth Amendment property and/or liberty interest that triggers due process protections.
- If so, what minimum procedures due process requires before (or promptly after) imposing a short-term suspension.
Decision
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The Supreme Court affirmed the judgment for the students (5–4).
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Because Ohio provided public education by law, students had a protected property interest in continued enrollment that could not be withdrawn for misconduct without minimum due process.
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The suspensions also implicated a protected liberty interest because recorded misconduct and suspension could harm reputation and affect later educational and employment opportunities.
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A suspension of up to 10 days is not so minor that it may be imposed without regard to the Due Process Clause.
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For suspensions of 10 days or less, due process requires at least:
- Oral or written notice of the charges;
- If the charges are denied, an explanation of the evidence; and
- An opportunity for the student to present the student’s version of events.
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The required process may be informal and ordinarily may occur immediately after the incident or very soon thereafter; in emergencies, removal may precede the hearing, but the hearing must follow as soon as practicable.
Legal Principles
- When a state extends free public education by statute, students have a constitutionally protected property interest in continued access to that education.
- School discipline that carries a risk of stigmatizing recorded findings can implicate a protected liberty interest when it threatens reputation and future opportunities.
- Short-term school suspensions (≤ 10 days) are subject to procedural due process; minimal, informal procedures can satisfy due process when provided promptly.
- Due process in the short-term suspension context generally requires notice, a basic disclosure of the basis for the charge if contested, and an opportunity to respond.
Conclusion
Public-school students may not be suspended for up to 10 days without minimum due process: notice of the charges and an informal, prompt opportunity to hear the basis for the accusation and to present their side, subject to limited emergency exceptions with a prompt post-removal hearing.