Goss v. Lopez

Background

A group of high school students in Columbus, Ohio, sued school administrators after being suspended for up to ten days during widespread unrest in February–March 1971. Ohio law (§3313.66) let principals suspend students up to ten days and required parents be notified, but provided no pre-suspension hearing for students and the local schools had no consistent written suspension procedures.

Reasoning

The Court addressed whether short suspensions implicate the Fourteenth Amendment’s requirement of fair procedure. Relying on Ohio law that gives students a right to public education, the majority held that students facing suspensions of ten days or less must receive at least oral or written notice of the charges and an opportunity to present their side. The Court allowed immediate removal when a student poses a continuing danger, but said a prompt post-removal meeting or hearing must follow. The Supreme Court affirmed the lower court and ordered the removal of suspension references from the named students’ records.

Real world impact

Public schools must give basic notice and allow students to explain before or promptly after short suspensions. Schools may still act quickly to protect safety, but must follow up with the rudimentary hearing the Court described. The Court declined to require full trial-style procedures, counsel, or cross-examination in routine short suspension cases.

Dissents or concurrances

A dissent argued the ruling intrudes on school officials, overstates the harm from brief suspensions, and will burden daily school discipline by inviting extensive litigation instead of informal correction.