DUE PROCESS REQUIRED TO EXCLUDE STUDENT FROM SCHOOL

ELEVENTH CIRCUIT citiing Supreme Court rules Valdosta State University student entitled to due process prior to being expelled – 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. Thomas Hayden Barnes v. Ronald M. Zaccari, et al. 10-14622 1:08-cv-00077-CAP

About Robert

As a U.S.C.G. Licensed Captain-Master and Attorney for over 30 years, member of the Maritime Law Association of the United States, Southeast Admiralty Law Institute, Robert L. Gardana, P.A., located in Miami, Florida, home to the largest passenger port in the world, is available to handle cases against cruise lines for injuries, death, missing persons, rape, assault and excursion related injuries or death.
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