November 29, 2011
Today, the Indiana Court of Appeals issued an opinion in a case in which a student challenged his expulsion from school in
D.L. v. Pioneer School Corp., ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 09A02-1103-MI-271. The result surprised me and will be welcome news to school administrators.
less..
In this case, expulsion proceedings were brought against a student because of allegations against him regarding inappropriate sexual conduct with another student. After the student's mother received written notice of the allegations, she retained counsel.
Both counsel and the student's parents arrived at the school's premises to attend the expulsion hearing. But while the attorney was permitted to be present on the school premises, he was not allowed to attend the hearing. At the conclusion of the hearing, the student was expelled. The student filed a notice of judicial review, but the trial court upheld the student's expulsion.
On appeal, the student argued that he was denied his due process rights when his attorney was not allowed to attend the expulsion hearing. However, the Court rejected that argument.
D.L. also argues he was "deprived of the right to counsel at the expulsion hearing." (Br. of Appellant at 15.) However, the Federal and State constitutions do not confer the right to counsel in an expulsion meeting.
Scartozzi, 759 N.E.2d at 1188, 1191. Thus, D.L.'s argument fails.
The
Scartozzi decision mentioned by the Court was a 2001 decision from the Indiana Court of Appeals that addressed this same issue.
I am surprised that a school can prevent an attorney from attending an expulsion hearing for a student. Even if the attorney were not allowed to ask questions or make arguments (so that the proceedings could be conducted in an informal manner), the client's ability to consult with his or her attorney would be compromised if the attorney cannot personally witness the proceedings. However, school administrators are surely happy that they can avoid dealing with we lawyers.
Lessons:
- A school can prohibit a student's attorney from attending that student's expulsion hearing.
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