Clements v. Board of Trustees of Sheridan Cty.

585 P.2d 197, 1978 Wyo. LEXIS 230
CourtWyoming Supreme Court
DecidedSeptember 6, 1978
Docket4920
StatusPublished
Cited by10 cases

This text of 585 P.2d 197 (Clements v. Board of Trustees of Sheridan Cty.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clements v. Board of Trustees of Sheridan Cty., 585 P.2d 197, 1978 Wyo. LEXIS 230 (Wyo. 1978).

Opinions

[199]*199ROSE, Justice.

NATURE OF THE CASE

This is an appeal from an order of the District Court for the Fourth Judicial District, Sheridan County, Wyoming, which was entered January 19, 1978, affirming an order dated December 21, 1977, made and entered by the Board of Trustees of Sheridan County School District No. 2, Sheridan County, Wyoming. The Board’s order, affirmed by the district court, directed that appellant, Jeff Clements, be suspended from Sheridan High School for a period of ten days and that he be placed on probation for the remainder of the 1978-1979 school year. We will affirm.

DISPOSITION BY THE BOARD AND DISTRICT COURT

The appellant was charged by the School Board with harassing a school bus. Shortly after the incident occurred, the Wyoming Highway Patrol issued traffic citations charging Sheridan High School students Chris Sutton and appellant-Jeff Clements with reckless driving.

Sutton and Clements were tried separately on reekless-driving charges in the Justice of the Peace Court, with Sutton being convicted and Clements acquitted. Following this, the Board of Trustees notified Clements that there would be a public hearing held for the purposes of determining whether or not he should be expelled from school on account of

“behavior clearly detrimental to the safety of other pupils, in that he did on or about the 2nd day of September, 1977, purposely operate a vehicle to hazard and harass School Bus No. 15, of Sheridan County School District No. 2, while it was proceeding from Story, Wyoming, to Sheridan, Wyoming, transporting students to school; and that the said student [Clements] did operate a motor vehicle in such manner as to pass in front of the school bus and prevent it from proceeding at a normal speed, prevent it from passing, and did otherwise purposely distract the driver, thereby endangering the students aboard said bus, and did impede the normal progress of said bus.”

Clements moved to vacate the Notice of Hearing, but this motion was denied and a public hearing was held.

The statutory authority for disciplining a student is § 21-4-305(a)(d) and (e), W.S. 1977, which, in part, provides:

“(a) The board of trustees of any school district may delegate authority to disciplinarians chosen from the administrative and supervisory staff to suspend any student from school for a period not to exceed ten (10) school days.
* * * * * *
“(d) The board of trustees of any school district may suspend a student for a period exceeding ten (10) school days or may expel a student for a period not to exceed one (1) school year, provided the student is afforded an opportunity for a hearing in accordance with the procedures of the Wyoming Administrative Procedure Act [§§ 9-4-101 to 9-4 — 115].
“(e) Suspension or expulsion shall not be imposed as an additional punishment for offenses punishable under the laws of the state, except where the offense was committed at a school function or is of such nature that continuation of the child in school would clearly be detrimental to the education, welfare, safety or morals of other pupils. No suspension or expulsion shall be for longer than one (1) school year.”,

and § 21 — 4-306(a)(iii), W.S.1977, which provides in part:

“(a) The following shall be grounds for suspension or expulsion of a child from a public school during the school year:
⅜5 * * Jfc ⅝! *
“(iii) Any behavior which in the judgment of the local board of trustees is clearly detrimental to the education, welfare, safety or morals of other pupils;”

The tapes from the Justice of the Peace proceeding were erased and the tapes from the Board hearing are inaudible; therefore, [200]*200the only evidence of record for our consideration comes from depositions and stipulation. When the evidence had been presented, the Board of Trustees convened in executive session where it authored findings of fact and conclusions of law, which, in relevant part, are:

“1. That Jeff Clements is a student at Sheridan High School, School District No. 2.
“2. That on the 2nd day of September, 1977, the said Jeff Clements, while driving a Jeep vehicle did pass School Bus No. 15 of Sheridan County School District No. 2 at the stop sign at the Highway 87-Story Road Junction without stopping himself; and did operate said Jeep vehicle just ahead of School Bus No. 15 from said junction to just South of the ‘Maverick Road’ turn-off at a speed of from 35 to 40 miles per hour, so as to purposely impede the progress of said School Bus on said highway in a 55 mile per hour zone.
“3. That in concert with one Chris Sutton, who was driving a pickup truck, the said Jeff Clements did by his actions create a dangerous situation for the pupils aboard said bus in that the slow driving of Jeff Clements resulted in disruption to to [sic] the environment on the bus, and his driving conduct created a distraction to the bus driver, which was conducive to a situation hazardous to the normal well-being of the students on the bus.”

As matters of law, the Board concluded:

“That Jeff Clements had been guilty of behavior which in the judgment of the Board is clearly detrimental to the welfare and safety of other pupils who were passengers on the bus [§ 21-4-306(a)(iii) language] and without punishment therefor his continuation in school would be clearly detrimental to the welfare and safety of other pupils.” [§ 21-4-305(e) language] [Bracketed material ours]

On December 21,1977, the Board ordered appellant-Clements suspended from school for ten days and placed on probation for the remainder of the school year. On December 22,1977, the student filed a petition for review with the District Court for the Fourth Judicial District, seeking review of the Board of Trustees’ order. Clements again raised the double-jeopardy and due-process issues and, in addition, questioned whether the Board’s Findings of Fact and Conclusions of Law were supported by substantial evidence. The district court affirmed the decision of the Board of Trustees, and timely appeal has been taken, pending which the district court has stayed the Board’s suspension order.

Appellant identifies for us these following issues on appeal:

I. “Did the Board of Trustees violate Appellant Clements’ rights under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution?”
II. “Is W.S.1957, § 21.1 — 62(c) (Cum. Supp. 1975) [§ 21-4-306(a)(iii), W.S. 1977] void for vagueness under the Due Process Clause of the Fourteenth Amendment to the United States Constitution?”
III. “Did the Board of Trustees err in suspending Appellant Clements from school for ten days placing him on probation for the remainder of the school year when there was no evidence that his continuation in school would clearly be detrimental to the welfare, safety and morals of other pupils?”

FACTS

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Clements v. Board of Trustees of Sheridan Cty.
585 P.2d 197 (Wyoming Supreme Court, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
585 P.2d 197, 1978 Wyo. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clements-v-board-of-trustees-of-sheridan-cty-wyo-1978.