Kid cheats, school punishes kid, dad sues school

[Phoenix86]

The lawsuit isn't frivolous.

What process of the law was broken here by the punishment given?

So the kid should have had a trial? Should we have trials for every infraction at school?

The big problem with trying to nitpick this is: the policy isn't law. You can't apply legal processes to a policy, even if it's a state institution. Unless of course, the policy itself is illegal, but that's not the case here.

 

[dabuddha]

The lawsuit is complete and utter horseshit and a waste of taxpayer money. The kid should have gotten paddled and suspended. The dad needs to be smacked upside the head.

 

[DrPizza]

What process of the law was broken here by the punishment given?

So the kid should have had a trial? Should we have trials for every infraction at school?

The big problem with trying to nitpick this is: the policy isn't law. You can't apply legal processes to a policy, even if it's a state institution. Unless of course, the policy itself is illegal, but that's not the case here.

*sigh* Why don't you take a couple courses on educational law. Due process doesn't mean the kid has to have a trial. But it does mean that the school has to follow its own rules. Apparently, the school didn't.

 

[TakeNoPrisoners]

*sigh* Why don't you take a couple courses on educational law. Due process doesn't mean the kid has to have a trial. But it does mean that the school has to follow its own rules. Apparently, the school didn't.

It did follow its own rules.

 

[Phoenix86]

*sigh* Why don't you take a couple courses on educational law. Due process doesn't mean the kid has to have a trial. But it does mean that the school has to follow its own rules. Apparently, the school didn't.

the school has conflicting policies; there is one stating that a student will be removed from class only after a second plagiarism offense.

So there is a policy they followed, the fact a second conflicting policy exists doesn't exclude them from following one (or the other). Let's just say I don't think he would have sued if they were following the other one (which he'd have just as much as case on). Now we're left with how to resolve the conflicting policies; any sane judge would allow the school to follow either and clarify the confusion.

However I don't even think you would have to make such a decision. Simple fact is the student and parents were supplied both policies and the one that was signed states immediate removal.

Berghouse's son, who is not being named because he is a minor, had signed an "Academic Honesty Pledge" at the beginning of the school year that declares cheating is grounds for immediate removal from the advanced-level program; his mother also had signed it.