Hess v. The Bd. of Trustees of So. Ill. Univ.

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 16-1064
Decision Date: 
October 13, 2016
Federal District: 
S.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendants-University officials’ motion for summary judgment in plaintiff-student’s section 1983 action, alleging that his suspension and later expulsion from school violated his due process rights, where defendants provided him with insufficient opportunity to provide his side of story prior to his suspension. Record showed that: (1) plaintiff had been arrested on aggravated battery charge arising out of incident during which victim had been stabbed; and (2) prior to defendants suspending him, plaintiff had been given letter by defendants alleging that plaintiff had violated various provisions of School Code arising out of said incident. Defendants were entitled to remove plaintiff from campus without any prehearing procedures where: (1) instant suspension was less than 10 days; (2) allegations against plaintiff concerned claims of physical violence; and (3) defendants gave plaintiff subsequent hearing in which he was represented by counsel and presented arguments on his behalf. Ct. further rejected plaintiff’s claims that presiding officer at hearing had already predetermined instant expulsion, and that presiding officer could not have appropriately heard case, since he had also gathered evidence used against plaintiff. Ct. further noted that claim that presiding officer was biased was precluded by fact that expulsion decision was reviewed by three-member appeals panel.