gossvlopez

SUPREME COURT OF THE UNITED STATES 419 U.S. 565 January 22, 1975, Decided
 * GOSS ET AL. v. LOPEZ ET AL.**

__Facts:__ Students were expelled from school for participating or present at demonstrations and unrest in Columbus Ohio. Many were suspended for more than 10 days. Students were deprived of a hearing, they were not given written notice of charges and they did not have an opportunity to present their side of the story.

__Issues/Answers:__ The Supreme Court decided that students who are suspended for 10 days or less are entitled to certain rights before their suspension. These rights include: ( 1 ) oral or written notice of the charges, (2) an explanation (if students deny the charges) of the evidence against them; and (3) an opportunity for students to present their side of the story.

__Rationale:__ Ohio offered a free education to all children they may not withdraw that right because of misconduct. The Court found suspension of a student for ten days without a hearing is a violation of due process under the 14th amendment.

__Basis:__ Fair Procedures, 14th amendment, Tinker v Des Moines, Board of Education v Barnette

//__Notes:__// Lopez was actually absent from school, following his suspension, for over 20 days. This occurred because of a misunderstanding as to the length of the suspension. A letter sent to Lopez after he had been out for over 10 days purports to assume that, being over compulsory school age, he was voluntarily staying away. Upon asserting that this was not the case, Lopez was transferred to another school.

Dwight Lopez and seventy-five other students were suspended for causing a disturbance and destroying school property. Lopez tried to deny involvement but was refused a hearing in spite of school officials not even saying why he was a suspect.