Crews v. Cloncs, IP 69-C-405.

• Decision Date: 17 September 1969
• Docket Number: No. IP 69-C-405.,IP 69-C-405.
• Citation: 303 F. Supp. 1370
• Parties: Tyler CREWS, a minor, by his father and next friend, Borden Crews, Plaintiff, v. Eugene CLONCS, individually and as Principal of North Central High School, et al., Defendants.
• Court: U.S. District Court — Southern District of Indiana

303 F. Supp. 1370

Tyler CREWS, a minor, by his father and next friend, Borden Crews, Plaintiff, v. Eugene CLONCS, individually and as Principal of North Central High School, et al., Defendants.

No. IP 69-C-405.

United States District Court S. D. Indiana, Indianapolis Division.

September 17, 1969.

Craig E. Pinkus, Indiana Civil Liberties Union, Henry J. Price, David L. Allison, and Thomas W. Ross, Indianapolis, Ind., for plaintiff.

Ben J. Weaver and Charles G. Reeder, of Johnson & Weaver, Indianapolis, Ind., for defendants.

MEMORANDUM OPINION

NOLAND, District Judge.

The plaintiff, Tyler Crews, age 16 years, brings this action by his father and next friend, Borden Crews. The defendants are Eugene Cloncs, Principal of North Central High School; Dr. J. Everett Light, Superintendent of the Metropolitan School District of Washington Township; Billy Walker, Vice-Principal of North Central High School; Dr. H. Dean Evans, Assistant-Superintendent of said School District, and the following named elected members of the Board of Education, Metropolitan School District of Washington Township: John R. Mote, William T. Ray, Dr. Ray H. Behnke, William L. Smart, and Ted B. Lewis. The plaintiff requests injunctive relief requiring the defendant school authorities to admit him to North Central High School without his first complying with the school's requirement of a satisfactory hair length and style under announced rules and regulations.

This action was filed August 27, 1969, one week prior to the opening of North Central High School. At a pre-trial conference on September 2, 1969, the Court announced that there would be a trial on the merits and that a determination would be made as to all issues raised and as to all relief requested. A trial date was set and a trial was had before the Court on September 11, 1969. The matter was submitted on oral testimony by both sides as well as on depositions and documentary evidence. Briefs were filed on behalf of the respective parties.

This Memorandum Opinion shall constitute the Findings of Fact and Conclusions of Law.

Plaintiff's suit is brought under various jurisdictional allegations including Title 28 U.S.C. §§ 1331, 1343(3) and (4), 2201 and 2202; Title 42 U.S.C. § 1981 et seq.; "The Civil Rights Act of 1964"; and the Constitution of the United States, more particularly the First, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth and Fourteenth Amendments thereto. Jurisdiction is present.

The plaintiff contends that the defendants have violated his Constitutional rights by suspending him from attendance at North Central High School until he cuts his hair to a length specified by the defendants.

The length of plaintiff's hair on various dates was stipulated for the record and a picture of plaintiff was introduced in evidence showing his appearance in the fall of 1967, after he had cut his hair as required by Vice-Principal Billy Walker. At the various times complained of, and at the time of suspension, it is admitted that plaintiff's hair was over his ears and below his collar, contrary to the school's requirement of hair length "above the collar, above the ears and out of the eyes".

The Court would note that at the time of the pre-trial conference, the plaintiff's hair was parted in the middle and hung several inches below the shoulders in back and on the chest in front, in what would normally be described as feminine in style. Nine days later, at the trial, the plaintiff had cut his hair; however his hair, parted in the middle, still extended over the ears, over the collar, and reached to shoulder length. After this haircut and before the trial, plaintiff again requested that he be admitted to North Central High School, but was denied by the school principal since this haircut still did not meet the announced hair style requirement.

It appears from the evidence and the testimony that the plaintiff, Tyler Crews, will be 17 years of age on September 24, 1969. He last attended classes at North Central High School on a regular basis during the 1967-68 school year. It would appear that the plaintiff received credit for completing his sophomore year of high school during 1967-68. However, he was refused admission to his physical education class and to his biology class because of the length of his hair. In order to stay in school during the year 1967-68, plaintiff did cut his hair so that it was above his ears, over the collar and out of his eyes. The last time he cut his hair prior to the commencement of the litigation was probably January 1968.

Plaintiff first received specific instructions as to the length of his hair in September of 1967. Both Mr. Eugene Cloncs and Mr. Billy Walker, Principal and Vice-Principal at North Central, talked to the plaintiff about the length of his hair, giving him specific instructions as to the standard which was required. Plaintiff sets the earliest date of these conversations as September 1967.

At the end of the year 1967-68, Superintendent Cloncs informed plaintiff, Tyler Crews, that he would have to have his hair cut if he wanted to come back to school in the fall. Rather than cut his hair, plaintiff elected to attend night classes at Broad Ripple High School during the school year 1968-69. Vice-Principal Billy Walker wrote a letter allowing the plaintiff to attend Broad Ripple night school. No attempt was made by the plaintiff to gain admission to North Central High School until the late spring of 1969, at which time there were several conversations between various school authorities and Borden Crews, father of the plaintiff.

At the plaintiff's request, on June 16, 1969, a hearing was accorded to representatives of the plaintiff. Tyler Crews was not present; however, he was represented at this regular School Board Meeting of the Metropolitan School District of Washington Township by his father, a psychologist with whom he had been consulting, and a lawyer. This hearing lasted approximately three-quarters of an hour. It was then announced that the School Board would review the matters involving Tyler Crews at a special meeting on June 19, 1969. The result of this meeting was the adoption of a resolution, which reads as follows:

"The history and record of Tyler Crews was presented to the Board of Education by Mr. Cloncs, Principal of North Central High School and Dean Evans, Assistant Superintendent.

"After a thorough discussion of the matter, upon motion duly made, seconded and unanimously carried, the following resolution was adopted:

`BE IT RESOLVED, That the request for admission to North Central High School of Tyler Crews be denied, unless the said Tyler Crews conforms to the reasonable rules and regulations as to the length of his hair, for the best interests of the discipline, government and management of North Central High School.'"

Thereafter, plaintiff commenced this action.

The defendants contend that the basis for the rule on hair length is contained in the inherent authority of school officials, under the laws of the State of Indiana, to promulgate reasonable rules and regulations. A letter was sent at the beginning of each school year to all parents of North Central students, reading in part as follows:

"The dress and general appearance of North Central students has been through the years a source of pride to the members of the school faculty. Studies have shown a positive correlation between the appearance of a person and his general behavior. * * * Parents of North Central students are asked to assist their sons and daughters in maintaining a favorable standard of appearance at school."

The defendants' sole reason for the suspension of the plaintiff, Tyler Crews, was his failure to get his hair cut according to the announced standards. No other complaint was made that the plaintiff was a disciplinary problem. He was not a musician and the length of his hair had nothing to do with a hobby or religious conviction. The plaintiff's statement why he wore his hair long was as follows:

"I think it looks better for one reason, and for another reason, I don't associate with a group, but I try to disassociate with general society, you know, people that look normal, because I am not entirely satisfied with things that are happening like this."

Considerable testimony was given on behalf of the defendants by school officials and teachers that long hair on boys created class disruption and discipline problems. The defendants also contended that there were health and safety hazards involved in physical education classes. North Central High School has an enrollment of approximately 3,000 students. Altogether there have been about twelve cases involving violation of haircut standards. Ten of these cases have been solved by students voluntarily getting a haircut, upon request to comply with the over-the-collar, above-the-ears, out-of-the-eyes requirement. One other student besides Tyler Crews has elected to remain in a suspended status rather than get his hair cut.

Defendants state unequivocally that unusual hair styles such as long hair disrupt the classroom atmosphere, impede classroom decorum, cause disturbances among other students in attendance, and result in the distraction of other students so as to interfere with the educational process in the high school.

It is conceded by both the plaintiff and the defendant that the Washington Township School Board's power and authority stem from the Indiana Constitution and from the Statutes of the State of Indiana. They further agree that the Washington Township School Board is undoubtedly empowered to make reasonable rules and regulations concerning student behavior. It is further agreed that it has long been recognized in Indiana that the final and conclusive determination of the reasonableness of such rules is for the courts. Fertich v. Michener, 111 Ind. 472, 11 N.E. 605, reh. den., 14 N.E. 68 (1887); School City of Evansville v. Culver, 94 Ind.App. 692, 182 N.E. 270 (1932).

The...