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Decision Number
37
Book
8
Month
September
Year
1990
In RE
Eugene Whisenhand
Appellant
Catherine Schultz
Appellee
Brooklyn-Guernsey-Malcom Community School District
Full Text
Summary

The appellant seeks reversal of a decision made by the Brooklyn-Guernsey-Malcom board of education to expel Eugene Whisenhand for misconduct.

The student was expelled for breaking board policy by consuming an alcoholic beverage and attending school while under the influence. At its June 6 meeting, the Board voted to expel him for the first semester of the 1990-1991 school year.

The appellants argues that:1. The penalty was too harsh and unrealistic2. Expulsion would damage the student's self esteem3. The board did not take the student's childhood difficulties4. The notification to the appellant about the expulsion did not mention any violations other than the alcohol incident, yet they were discussed at the board meeting.While it appears the administration violated the student's procedural due process rights, it also appears that the student previously acknowledged all but one of the violations causing the expulsion.

The decision made by the Brooklyn-Guernsey-Malcolm board of education is affirmed.