On The Front Lines
Rutherford Institute Denounces Zero Tolerance, Calls on Fairfax School District to Reform Disciplinary Process in Wake of Student Suicide
FAIRFAX, Va.--Voicing the concern that Fairfax County students and their families are being subjected to inhumane, impersonal and overly harsh administrative hearings where the Fourteenth Amendment requirements of due process are neglected, John W. Whitehead, president of The Rutherford Institute, is calling on Dr. Jack D. Dale, superintendent of the Fairfax County Public Schools (FCPS), to address glaring deficiencies in the way school officials carry out their disciplinary processes and procedures. The Institute's critique follows in the wake of the suicide of Nick Stuban, a sophomore at Woodson High School in Virginia, who took his life on January 20, 2011, after being subjected to what his parents characterized as an "unconscionable" hearing by FCPS officials.
A copy of the Institute's letter to Dr. Dale is available here.
"While school officials contend that FCPS's disciplinary policies are appropriate and in line with state law, they have clearly failed to take into account the far-reaching impact on the students themselves and their families," said Whitehead. "Compassionate reform is needed not only in the manner in which the disciplinary process is handled, but in the ultimate results of the disciplinary process as well. Specifically, sanctions should be tailored to the individual circumstances of each student and not imputed in an artificial, 'one-size-fits-all' approach."
On November 4, 2010, Nick Stuban was suspended for ten days with a recommendation for expulsion after allegedly committing a first-time infraction. According to Nick's parents, he was disciplined for allegedly possessing a substance with which school officials initially were unfamiliar and then arbitrarily categorized as an "other drug." Upon investigation, however, it was determined that the substance in question was neither illegal nor among the list of offenses requiring expulsion. At the time of Nick's alleged offense, the substance was also not prohibited under the controlling school rules.
Nevertheless, rather than constructively working through their concerns with Nick and his family, school officials opted for a more stringent, punitive course of action, charging Nick with possession of an "imitation controlled substance." After being subjected to what his parents characterized as an "unconscionable" hearing by FCPS officials on November 16, Nick, a member of the junior varsity football team, was given a disciplinary transfer to Fairfax High School with an effective start date of January 3, 2011. Less than three weeks later, Nick committed suicide.
As Whitehead points out, "A student who is accused of an infraction that may result in removal from school is entitled to an impartial hearing and a fair, unbiased judgment. The minimum protections for cases involving expulsions or long term suspensions that exceed ten days are: notice of charges, a right to legal counsel, a right to confrontation and cross-examination of witnesses, a privilege against self-incrimination, a right to a written transcript of the proceedings, and a right to appellate review. In Nick's case, many of these protections appear to have been discouraged or not provided, in whole or in part." In this respect, Whitehead is demanding that the FCPS take immediate steps to address the deficiencies within its disciplinary hearing process.
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