Cook v. Edwards, Civ. A. No. 72-89.

• Citation: 341 F. Supp. 307
• Decision Date: 14 April 1972
• Docket Number: Civ. A. No. 72-89.
• Parties: Tina M. COOK, a minor, by her father and next friend, John J. Cook v. Raymond G. EDWARDS, individually and as Superintendent of Schools for New Hampshire Supervisory Union Number 47, et al.
• Court: U.S. District Court — District of New Hampshire

341 F. Supp. 307

Tina M. COOK, a minor, by her father and next friend, John J. Cook v. Raymond G. EDWARDS, individually and as Superintendent of Schools for New Hampshire Supervisory Union Number 47, et al.

Civ. A. No. 72-89.

United States District Court, D. New Hampshire.

April 14, 1972.

H. Neil Berkson, N. H. Legal Assistance, Keene, N. H., for plaintiff.

Richard G. Smith, Blodgett & Makechinie, Peterborough, N. H., for defendants.

FINDINGS, RULINGS, AND ORDER ON MOTION FOR A PRELIMINARY INJUNCTION

BOWNES, District Judge.

This decision is precipitated by a civil rights action alleging that plaintiff's indefinite expulsion from school for intoxication violated her constitutional rights to due process of law and equal protection of the law. Jurisdiction is based on 28 U.S.C. § 1343 and 42 U.S.C. § 1983. Plaintiff has also asked for a declaratory judgment that the statute which she alleges the School Board proceeded under be declared unconstitutional for vagueness.

The plaintiff now seeks a preliminary injunction returning her to school pending a hearing on the merits. The defendants have moved to dismiss on the grounds that the plaintiff has not exhausted her administrative remedies. Although I would be blind to the realities of the situation not to recognize that preliminary relief may well become the final remedy, the only questions before me are the motion to dismiss and whether or not a preliminary injunction should issue.

THE FACTS

The plaintiff, a fifteen year old student at Conant High School, admittedly appeared at the school shortly before the end of the school day on Friday, March 10th, in an intoxicated condition. There is no evidence that she created any kind of disturbance, and it is clear that this was a first offense. The Superintendent of Schools called her parents, who came to the school immediately. He met with them in the Principal's office on the afternoon of March 10th and informed them that their daughter had committed a serious offense; that she was being suspended from school immediately; that he was going to recommend to the School Board that she be dismissed from school; that the School Board would meet to consider the matter on Monday, March 13th, and that both they and their daughter could attend the meeting; and that the school officials would attempt to help their daughter through family counselling services.

The plaintiff's parents did attend the school meeting on March 13th and were allowed to question those present. The plaintiff contends that the meeting was not a proper hearing, but merely a meeting which confirmed the decision of the Superintendent, and explained it to the parents. The defendants maintain that this meeting met the constitutional requirements of due process of law. I do not resolve the conflict at this time because of insufficient evidence as to how the meeting was conducted.

On April 3rd the School Board met again to provide the plaintiff with a rehearing and to consider her readmission to Conant High School. Ex. 1. Plaintiff was represented at this meeting by her attorney. The plaintiff and the defendants also disagree as to the purpose and effect of this meeting. The plaintiff claims that it was an attempt to get her back into school and was not a hearing on the reasons for her expulsion. The defendants assert that it was both and met the constitutional requirements of due process, if they were not met on March 13th. Here again the evidence adduced at the hearing was too limited to admit of a definite ruling at this time.

Plaintiff also attacks the two meetings on the grounds that participation in them by the Superintendent of Schools and the Principal of the High School militated against a fair and impartial hearing and deprived the plaintiff of her right to substantive due process.

The plaintiff is a good student with a record of A's and B's and a scattering of C's. She was suspended from school on two prior occasions, each time for less than a day; once for being off the school grounds without permission and the other time for cutting classes.

The administrative regulations of the Jaffrey-Rindge District provide in pertinent part:

Expulsion of any pupil will usually be preceded by some evidence of an undesirable behavior pattern. Because of this it is reasonable to expect that almost all expulsion will be preceded by numerous conferences with the parents and in most cases at least one suspension.

Before a principal recommends that a pupil be expelled, he should review the entire history of the pupil to be sure that expulsion is justified and is the only reasonable course left open.

All expulsions will originate as an indefinite suspension. At the time of the suspension the principal will indicate in his communications to the parent, Chairman of the School Board, and Superintendent, that he intends to recommend that the pupil be expelled. If a conference between the principal and the parent takes place and the decision to expel the pupil is not altered, the principal will request the Superintendent to take the appropriate steps.

There was no evidence of any undesirable behavior pattern by the plaintiff. Nor was there evidence of numerous conferences with the plaintiff's parents prior to the expulsion.

There is a sharp conflict as to which statute the School Board was proceeding under in expelling the plaintiff. The plaintiff claims that the statute followed was NH RSA 189:1-a and that it is constitutionally defective on due process and equal protection grounds.¹ The defendants assert that they were proceeding under NH RSA 193:13.²

Both statutes clearly provide that a pupil may be dismissed from school for "gross misconduct." Superintendent Edwards testified that part of the regulations of the Jaffrey-Rindge School District provide that the use or possession by any student on school premises of alcohol or drugs without more constitutes gross misconduct and calls for indefinite expulsion. He testified that this policy has been followed uniformly throughout the Jaffrey-Rindge School District and that when a student is expelled for such gross misconduct, an attempt is made to help the expelled student through family counselling and other such services. The Superintendent was of the opinion that this policy is an effective method of combatting the alcohol and drug problems that all schools face today to a greater or lesser degree and that reinstatement by the court of this plaintiff would have a harmful effect on this policy.

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