Perkins' testimony was both candid and credible. Fuller ex rel. Byrkit testified and corroborated Hunt's testimony. That any persons charged with keeping the peace-e.g., police officers or school officials-have an obligation to break up a violent fight in the stands at a high school football game cannot be disputed. 159 (2002). These activities include recruiting students for membership in any gang and threatening or intimidating other students or employees to commit acts or omissions against his/her will in furtherance of the common purpose and design of any gang. School Dist. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. The principals of the respective high schools each recommended that the students be expelled for 2 years. This court observed from the video-tape presented at trial that the fight involved many individuals raising havoc in the midst of a captive audience of football fans, which included parents, grandparents, teachers and children. *825 Further, this court notes that both Perkins and Terry Robinson (Robinson) attended the November 8, 1999, School Board meeting. On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. Hunt testified that the fight started at the stairwell near the north end of the bleachers and proceeded into the bleachers where it moved along the bleachers from the north end to the south end. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. Based upon this testimony, the students argue that their due process rights were violated because their parents "were discouraged in pursuing the due process proceeding for their children.". Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. Perkins said that, at the October 1, 1999, School Board meeting, several members of the School Board indicated they believed the students were involved in gang activity based upon information received from law enforcement authorities. Boehm testified that it was the only fight of this magnitude he had seen in 27 years in education. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. Your activity looks suspicious to us. In the litigation that followed in Fuller v Decatur Public School Board of Education, 2 the students contended that the board had violated their constitutional rights by . In addition, at most of the hearings, accident reports were made part of the record. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. Vague As-Applied to The Nasty Habit. The students argue that, because the School Board relied upon Rule 10 in its decision to expel them, the expulsions must be reversed. Hunt also testified that he attempted to let her know that because of "the seriousness of the situation she needed to be there." To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. On November 8, 1999, School Board President Jacqueline Goetter (Goetter) and other representatives of the District, including Arndt, were involved in an eight-hour meeting with representatives of the Rainbow/PUSH Coalition and Governor George Ryan. Ms. Fuller said that it was her understanding that it was a "foregone conclusion" that her son was going to be expelled so there was no point in taking off work to attend his hearing. Fuller v. Decatur Public School DS. The court afrmed that the rule prohibiting students from engaging in "gang-like activity" was not impermissibly vague as written or as applied to those who were disciplined. Reverend Jesse Jackson was allowed to address the School Board. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. This court cannot enjoin enforcement of a penalty which is no longer in existence. Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. Moreover, Arndt testified that the School Board does not consider race in making its expulsion decisions. The following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. 2d at 1066. The evidence presented before the hearing officer showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. 438, 443 (N.D.Ill.1994). These statistics were never presented to the School Board at any time during the expulsion proceedings. When the dust settled, the original 2-year expulsions were reduced to expulsions for the remainder of the school year with the students being given the opportunity to attend an alternative high school. 159, 198 (2001). Because the expulsions were based at least in part on this rule, the students-including Howell, who claims to have standing despite withdrawing from school-contend that their due process rights were denied. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. Chavez v. Illinois State Police,27 F. Supp. Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir.1996). 2d at 1066. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. Stephenson, 110 F.3d at 1310. See Fed.R.Evid. The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. 2d 362 (1982), the United States Supreme Court cautioned courts to "examine the complainant's conduct before analyzing other hypothetical applications of the law." See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. 2908, 37 L.Ed.2d 830 (1973). Boucher, 134 F.3d at 826-27. Kadrmas v. Dickinson Public Schools Kelley v. Chicago Park District Kelo v. City of New London . The students claim that, because the fight was of a short duration and that no guns, no knives, and no drugs were involved, no expulsion was warranted for their actions in the fight. Accordingly, the students are not entitled to a permanent injunction. Fuller v. Decatur Public Sch. & L.J. Visit the About the Directory web page to learn more. The evidence further showed that the fight on September 17, 1999, was a continuation of this incident and was a fight between members of these two rival gangs. Gary J. See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! Perkins candidly admitted that he could not testify that race was "an issue in the decision to expel" the students in this case. The School Board's expulsion of the students will stand. The students' conduct clearly violated these rules. Armstrong, 517 U.S. at 465, 116 S. Ct. 1480. 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 Courts reached mixed results when students had knives in schools . Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. School discipline is an area which courts are reluctant to enter. Because of the intervention of Governor Ryan, the students were allowed to attend an alternative education program immediately. of City of Chicago, 466 F.2d 629, 633 (7th Cir.1972); Baxter, 856 F. Supp. Boehm testified that the bleachers on the east end were pretty close to being full of spectators, including students, parents, teachers and grandparents. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. 61, 251 F.3d 662, 666 (7th Cir.2001). Rule 10 states: At trial, Dr. Amprey testified that, in his opinion, "the rule in and of itself is subject to so many varied definitions of the term `gang' that renders itself, for lack of a better term, useless in the sense of clearly defining or of pointing out that someone is involved in gang activity." None of the students testified at trial and they have never denied their involvement in the fight. They may be readmitted beginning with summer school, June 2000. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. . If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. This court notes that Ms. Howell, her son and Theresa Gray from the NAACP did attend the hearing before Dr. Cooprider. of Greenfield, 134 F.3d 821, 827 (7th Cir. The students sought an Order reinstating them in school. Fuller School of Excellence Pre-K through 8th Grades 4214 S. Saint Lawrence Ave. Chicago , IL 60653 773-535-1687 Enrollment: 322 A CPS Neighborhood School Rule 10, in place when the trouble started, prohibits students from engaging in gang-like activities. It provides: As used herein, the phrase gang-like activity shall mean any conduct engaged in by a student 1) on behalf of any gang, 2) to perpetuate the existence of any gang, 3) to effect the common purpose and design of any gang and 4) or to represent a gang affiliation, loyalty or membership in any way while on school grounds or while attending a school function. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. A videotape taken by a spectator seated in the west bleachers was admitted into evidence. Stay up-to-date with how the law affects your life. of City of Peoria, School Dist. 3159, 92 L.Ed.2d 549 (1986), the Supreme Court said: Given the school's need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process, the school disciplinary rules need not be as detailed as a criminal code which imposes criminal sanctions. Fuller v. Decatur Public School Board. It is undisputed that seven spectators, six students and one adult, filed accident reports at MacArthur High School following the incident. Issues: Laws: Cases: Pro: In Boucher, the Seventh Circuit reversed an injunction granted by a district court which enjoined the school board from enforcing a one-year expulsion. When the rule does not reach a substantial amount of constitutionally protected conduct, we must uphold a facial challenge only if the enactment is impermissibly vague in all of its applications. 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