Supreme Court

23 Pages 5669 Words

rought a legal action, claiming that the statute was unconstitutional because it allowed school authorities to deprive students of their right to a hearing, violating the due process clause of the Fourteenth Amendment. The issue was whether the suspension of a student for a period of up to ten days without a hearing constitutes a violation of the due process clause of the Fourteenth Amendment.
The Supreme Court of the United States said that education is a property interest protected by the Fourteenth Amendment's due process clause and any suspension requires prior notice and a hearing. Permitting suspension without a hearing is, therefore, unconstitutional. The Court said that oral or written notice of the charges brought against a student must be given to the student who is being suspended for more than a trivial period. If he denies the charges, the student must be given a hearing. The hearing may be an informal one where the student is simply given an explanation of the evidence against him and an opportunity to tell his side of the ...