441 F.2d 444 (6th Cir. 1971), 20586, Gfell v. Rickelman

Docket Nº:20586.
Citation:441 F.2d 444
Party Name:Edward Bruce GFELL, a minor by his father and next best friend Edward B. Gfell, Plaintiff-Appellant, v. Bernard RICKELMAN, individually and as Principal of West Geauga High School, Robert McGraw, individually and as Assistant Principal of West Geauga High School, Robert C. Lindsey, individually and as Superintendent of West Geauga High School, Defe
Case Date:April 07, 1971
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 444

441 F.2d 444 (6th Cir. 1971)

Edward Bruce GFELL, a minor by his father and next best friend Edward B. Gfell, Plaintiff-Appellant,

v.

Bernard RICKELMAN, individually and as Principal of West Geauga High School, Robert McGraw, individually and as Assistant Principal of West Geauga High School, Robert C. Lindsey, individually and as Superintendent of West Geauga High School, Defendants-Appellees.

No. 20586.

United States Court of Appeals, Sixth Circuit.

April 7, 1971

Eugene Sidney Bayer, American Civil Liberties Union, Cleveland, Ohio, for plaintiff-appellant.

Charles F. Clarke, Cleveland, Ohio, for defendants-appellees; William C. Hartman, George W. Pring, Squire, Sanders & Dempsey, Cleveland, Ohio, on brief.

Before MILLER and KENT, Circuit Judges, and O'SULLIVAN, Senior Circuit judge.

WILLIAM E. MILLER, Circuit Judge.

This appeal is from the dismissal of a suit challenging the constitutionality of the following rule of the West Geauga High School, Chesterland, Ohio:

1. Boys should be clean shaven (no beards or moustaches).

2. Hair and sideburns must be clean and wellgroomed. Sideburns should be neatly trimmed and should not exceed in length to the bottom of the ear and one inch in width.

3. The back hair length should not exceed the top of the collar (the determining factor being a standard dress shirt with the top button open).

4. The hair should not cover the ear and should be worn out of the eyes, thinned avoid heavy matting and curling in the back.

---------- 32 Ohio Misc. 207_----------

Appellant was a student in his senior year at the West Geauga High School in 1969-70 during which time the above rule was in effect as part of the student dress code made available to all students in the school handbook. On December 5, 1969, appellant was suspended from the school by the appellees Rickelman and McGraw for failure to conform with the hair rule. The suspension was preceded by a warning from McGraw on December 1 and further counseling by him with appellant on December 3. The suspension was carried out in accordance with state statutory authority. Ohio Rev.Code 3313.47, and followed the prescribed procedure, Ohio Rev.Code 3313.66 (Supp. 1969).

The dress code of which the rule is a part was promulgated under authority of the rules of the Board of Education of West Geauga Local School Board, Art. V...

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