Quote:
Originally posted by d_p_w_k
umm...I don't want to get far afield here...because I find the actions of all the participants to be repugnant...but to file a suit asking that the school district follow its own rules and procedure does not offend me.
People are guaranteed by the U.S. Constitution (applicable to the states through the 14th Amendment) that the government (and yes, a school board/district is considered a governmental entity) will not take certain actions with due process of law. That just means that if they have rules in place, they have to follow them.
Does that make this girl a "victim?" No. But it doesn't mean that she forfeits those rights.
In the same way that Freedom of Speech even protects speech that sickens us, due process protects those whose actions we find abhorrent.
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No.. a schoold does not have to "invoke" due process to suspend a student for bad behavior. If it did then the school systems would be doing the same crap that the criminal justice system is bogged down.
here are some parts that make up due process:
Right to a fair and public trial conducted in a competent manner
Right to be present at the trial
Right to an impartial jury
Right to be heard in one's own defense
Laws must be written so that a reasonable person can understand what is criminal behavior
Taxes may only be taken for public purposes
Property may be taken by the government only for public purposes
Owners of taken property must be fairly compensated
what is inconceiveable here is that the children are LEARNING that thier reprehensible actions can lead to NO CONSEQUENCE on their part, and in fact that THEY ARE THE VICTIM. That is ABSURD.
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