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Ohio law provides for a free education for all children between the ages of and In , widespread student unrest took place in the public schools of Columbus, Ohio. Students who either participated in, or were present at, demonstrations held on school grounds were suspended. Many suspensions were for a period of ten days. Students were not given a hearing before suspension, although at a later date some students and their parents were given informal conferences with the school principal. A number of students, through their parents, sued the board of education, claiming that their right to due process had been violated when they were suspended without a hearing.
In Goss v. Lopez, the U.S. Supreme Court decided that public school students who are suspended for ten days or less are entitled to certain rights before their suspension. These rights include oral or written notice of the charges, an explanation of the evidence against them (if students deny the charges), and an opportunity for students to present their side of the story.
The Court stated that in an emergency, students could be sent home immediately, and a hearing could be held at a later date. The Court did not give students a right to a lawyer, a right to call or cross-examine witnesses, or a right to a hearing before an impartial person.
In Goss, the Court considered the due process interests of harm, cost, and risk. The Court ruled that reputations were harmed and educational opportunities were lost during the suspension; that an informal hearing would not be overly costly for the schools; and that while most disciplinary decisions were probably correct, an informal hearing would help reduce the risk of error.
What happened in the Goss case? What rights did the Supreme Court say the students should be given prior to a brief suspension?
Solution
VerifiedThe right to a due process of law essentially means that the government has an obligation to treat all citizens fairly and equally.
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