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A Graduate Cannot Appeal An Expulsion That Is Not Referenced In His Permanent Record

In the case of Burton v. Cleveland Hts.-Univ. Hts., 2016-Ohio-2841, the Eighth Appellate District dismissed a high school graduate’s expulsion appeal because there was no longer an actual controversy for the court to decide.

The school district suspended and expelled Burton, a high school student at the time, after he attacked two younger students who were walking home from school. According to the Court, the “attack on the smaller victim resembled that of a boxer working over a punching bag.” Burton at ¶ 2. The school district suspended and expelled Burton, “but held the expulsion in abeyance as long as Burton complied with an educational placement plan.” Burton at ¶ 7. “Burton followed the plan and timely graduated from high school.” Burton at ¶ 8. At the same time, Burton appealed the expulsion decision to the common pleas court and Eighth Appellate District.

The Eighth Appellate District “conclude[d] that if the student’s education is not interrupted or delayed by the sanction (whether a suspension or expulsion) and there is no evidence that the sanction is referenced on the student’s permanent record, any administrative appeal is moot following the student’s graduation. If, on the other hand, the student graduates but has demonstrated that the sanction is referenced on his permanent school record, then an administrative appeal is not moot and may be heard on the merits.” Burton at ¶ 12.

Of practical consideration for school districts is the Eighth Appellate District’s comment that “[t]he expulsion notice was not [* * *] copied into the student file. Thus, his claim that his student record contains a notice of the expulsion is speculative based on the record on this appeal.” Burton at ¶ 13. Based upon this comment, it is appears that a school district could adopt a policy of not immediately copying expulsion notices to the student’s personnel file when the expulsion is held in abeyance. Such a policy could arguably prevent students from appealing the discipline to a common pleas court – at least where the student subsequently graduates from school.

To read this case, please click here.

Authors: Matthew John Markling and Patrick Vrobel

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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