3 Month Suspension Upheld In Student Discipline Case

In New York students can appeal their suspension to the Commissioner of Education. I Bring Matter of C.R, ___Ed. Dep't. Rep. ___(Oct. 1, 2008), to your attention because it contains an nice summary of the applicable law. The Commissioner described the applicable standard of review as follows:

  The decision to suspend a student from school pursuant to Education Law §3214   must be based on competent and substantial evidence that the student participated   in the objectionable conduct (Bd. of Educ. of Monticello Cent. School Dist.   v. Commissioner of Educ., et al., 91 NY2d 133; Bd. of Educ. of City   School Dist. of City of New York v. Mills, et al., 293 AD2d 37; Appeal   of L.T., 44 Ed Dept Rep 89, Decision No. 15,107).  A   hearing officer may draw a reasonable inference if the record supports the   inference (Bd. of Educ. of Monticello Cent. School Dist. v. Commissioner   of Educ., et al., 91 NY2d 133; Appeal of a Student with a Disability,   44 Ed Dept Rep 136, Decision No. 15,124; Appeal of M.P., 44 id.   132, Decision No. 15,123).  In cases of student discipline, the sanction   imposed must be proportionate to the severity of the offense involved.  The   test to be applied in reviewing a penalty is whether it is so excessive as   to warrant substitution of the Commissioner’s judgment for that of the   board of education (Appeal of a Student Suspected of a Disability, 44   Ed Dept Rep 158, Decision No. 15,131; Appeals of J.J., 44 id.   113, Decision No. 15,115; Appeal of D.C., 43 id. 217, Decision   No. 14,976).

The record reflects that J.R. engaged in a physical altercation with another   student, which resulted in the injury of a school employee.   The evidence   submitted at the superintendent’s hearing included a video tape depicting   J.R. directly involved in the physical altercation and continuing such involvement   after the intervention of school staff.  The school principal and assistant   principal both testified at the hearing that the school had adopted a zero   tolerance policy with regard to physical violence.  Accordingly, the finding   of guilt and the penalty imposed are supported by the record, and I will not   substitute my judgment for respondent’s.

Mitchell H. Rubinstein