Law & Courts

Courts: Students Have No Rights on Witnesses

By Mark Walsh — January 07, 2008 1 min read
  • Save to favorites
  • Print

In criminal law, the right of defendants to confront the witnesses against them is enshrined in the Sixth Amendment to the U.S. Constitution.

But in school disciplinary proceedings, accused rule-breakers do not enjoy a similar right, two courts ruled recently in separate cases.

Though the legal question isn’t entirely novel, it has come up relatively rarely, given the frequency of hearings on student suspensions and expulsions.

See Also

For more on this topic, read The School Law Blog.

In an Illinois case, a high school freshman was expelled last year based on charges that he had twice brushed the buttocks of one of his teachers with the back of his hand. Officials in Plainfield School District No. 302 relied in part on statements from three students who claimed to overhear the accused freshman make inappropriate sexual comments about the teacher.

In a suit challenging the expulsion, the student’s lawyers argued that he had not received a fair hearing because he was not permitted to cross-examine the unidentified students.

U.S. District Judge Ruben Castillo of Chicago held, however, that students in disciplinary proceedings do not have a 14th Amendment due-process right to confront the witnesses against them.

“Schools have a strong interest in protecting students who come forward to report misconduct by their peers,” the judge said in a Nov. 27 decision upholding the expulsion.

In another recent case, a state appeals court in New Mexico also rejected a student’s argument that being unable to confront witnesses violated his due-process rights.

The case involved a student suspended for one year by the Las Cruces, N.M., district for possession of marijuana and a weapon—a ceremonial sword—on school grounds. The student had sought to cross-examine three fellow students.

The three-judge appeals panel held unanimously on Oct. 1 that students who choose to report misconduct to school authorities could face “ostracism at best and perhaps physical reprisals” if they were forced to appear before their accused peers.

Related Tags:

A version of this article appeared in the January 09, 2008 edition of Education Week

Events

Artificial Intelligence Live Online Discussion A Seat at the Table: Math & Technology: Finding the Recipe for Student Success
How should we balance AI & math instruction? Join our discussion on preparing future-ready students.
Teaching Profession K-12 Essentials Forum New Insights Into the Teaching Profession
Join this free virtual event to get exclusive insights from Education Week's State of Teaching project.
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Administration Asks Supreme Court to Reinstate Ed. Dept. Layoffs
The administration asks the U.S. Supreme Court to remove an injunction blocking the layoffs of nearly 1,400 department employees
4 min read
Attorneys from the Education Department's General Counsel Office Emily Merolli, second left, and Shaw Vanze in the back, second right, are greeted by supporters after retrieving their personal belongings from the Education Department building in Washington on March 24, 2025.
Attorneys from the U.S. Education Department's General Counsel Office Emily Merolli, second left, and Shaw Vanze in the back, second right, are greeted by supporters after retrieving their personal belongings from the department's headquarters in Washington on March 24, 2025. The Trump administration has asked the U.S. Supreme Court to undo a federal district court injunction that would reinstate some 1,400 employees laid off from the department.
Jose Luis Magana/AP
Law & Courts A Court Told Trump to Reverse Ed. Dept. Layoffs. Will It Happen?
A judge ruled May 22 that the Trump administration had to reinstate laid-off Ed. Dept. staffers. They're still not back on the job.
6 min read
Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025.
Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025. A judge has ordered the reinstatement of terminated department employees, but they have yet to return to work.
Jose Luis Magana/AP
Law & Courts Appeals Court Ruling Raises Bar for Challenging School Book Bans
A federal appeals court rejected a challenge to book removals in a Texas public library and overruled a precedent on school library cases.
6 min read
Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023.
Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023. A federal appeals court covering Louisiana, Mississippi, and Texas has made it more difficult for public and school library patrons to challenge book removal decisions.
Hakim Wright Sr./AP
Law & Courts Supreme Court Won’t Hear ‘Two Genders’ Student T-Shirt Case
Over two justices' dissent, the U.S. Supreme Court declined to hear the case of a student barred from wearing an anti-transgender T-shirt.
6 min read
Liam Morrison, pictured in the "There Are Only Two Genders" shirt at the heart of his Supreme Court case, L.M. v. Town of Middleborough.
Liam Morrison, pictured in the "There Are Only Two Genders" shirt at the heart of his Supreme Court case, <i>L.M.</i>&nbsp;v.&nbsp;<i>Town of Middleborough</i>.
Courtesy of Alliance Defending Freedom