Covington County v. GW

767 So. 2d 187, 2000 WL 1031382
CourtMississippi Supreme Court
DecidedJuly 27, 2000
Docket1999-CA-01037-SCT
StatusPublished
Cited by19 cases

This text of 767 So. 2d 187 (Covington County v. GW) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Covington County v. GW, 767 So. 2d 187, 2000 WL 1031382 (Mich. 2000).

Opinion

767 So.2d 187 (2000)

COVINGTON COUNTY, Mississippi School District a/k/a Board of Education of Covington County, Mississippi
v.
G.W., a Minor.

No. 1999-CA-01037-SCT.

Supreme Court of Mississippi.

July 27, 2000.
Rehearing Denied October 5, 2000.

*188 Tommy Bott Rogers, Collins, Attorney for Appellant.

David Shoemake, Collins, Attorney for Appellee.

BEFORE BANKS, P.J., McRAE AND MILLS, JJ.

MILLS, Justice, for the Court:

¶ 1. On December 7, 1998, Candy Knight, a teacher at Seminary Attendance Center in the Covington County School District, sent a note to Assistant Principal Richard Thames during school hours advising Thames that a student had informed her that G.W., a 17-year-old minor, was drinking beer in the school parking lot. The note was then delivered to Principal Billy Ray Smith. Principal Smith and a school security officer went to the parking lot and found empty beer cans in the back of G.W.'s truck. Upon request, G.W. unlocked his vehicle and allowed Smith and the officer to search his truck. Seven unopened bottles of beer were found in a locked toolbox. Upon questioning by Principal Smith, G.W. admitted that the beer was his and that he had purchased the beer in Covington County. G.W., however, did not appear to be under the influence on the morning of the incident. G.W.'s mother was immediately notified, and G.W. was suspended for five days.

¶ 2. On December 8, 1998, Ronnie Graves, the Superintendent of Education, mailed a letter to G.W. and his father notifying them of a hearing on the issue of expulsion. On December 17, 1998, the School Board conducted the hearing and expelled G.W. for the remainder of the school year. G.W. was to be placed in an alternative school to finish his last semester and would be allowed to graduate with his senior class. Thereafter, G.W. filed a petition for appeal and/or injunctive relief in the Chancery Court of Covington County, Mississippi. By order, dated January 5, 1999, the chancellor ordered G.W. returned to school "until such time as a proper hearing is conducted in compliance with the Covington County Schools Handbook." The chancellor noted that the notice given to G.W. and his parents was not *189 given by a board attorney within 24 hours of the incident as the handbook requires.

¶ 3. Subsequent to the chancellor's order, the School Board re-mailed its notices and letters to G.W. and his parents and scheduled a second hearing on the expulsion issue. On February 11, 1999, the second hearing was held, and G.W. was once again expelled for the remainder of the school year. The next day, G.W. filed a supplemental petition for appeal and/or injunctive relief with the chancery court. The chancery court granted G.W.'s request and entered a temporary restraining order prohibiting the School Board from expelling G.W. until a final decision was reached. On May 20, 1999, the chancellor found the school did not provide proper notice as outlined in the school's handbook and ordered that G.W. be placed back in school.[1] Aggrieved by the chancellor's decision, the Covington County School District timely perfected this appeal.

STANDARD OF REVIEW

¶ 4. "In Mississippi, our standard of review for factual determinations made by a trial judge sitting without a jury is the substantial evidence standard." Church of God Pentecostal, Inc. v. Freewill Pentecostal Church of God, Inc., 716 So.2d 200, 204 (Miss.1998). "We will not disturb the findings of a chancellor when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Id.

STATEMENT OF THE LAW

I.

WHETHER THE MINOR WAS AFFORDED PROPER PROCEDURAL DUE PROCESS BY THE COVINGTON COUNTY SCHOOL DISTRICT

¶ 5. The Covington County School District asserts that G.W. was afforded procedural due process and that the school's failure to send a notice through its board attorney within twenty-four hours did not create "substantial prejudice" to G.W. The school district also argues that the chancellor erred by not addressing the substantial prejudice issue in his ruling. Accordingly, the school district contends that no substantial prejudice occurred and that the "manner of the notice, if wrong, was at the most, harmless error." This Court agrees that G.W. was not denied due process.

¶ 6. At the time of the incident, G.W. was subject to the rules outlined in the Covington County School Handbook, which read in relevant part as follows:

No pupil attending any school in this district shall be permitted to carry upon his/her person or have in his/her possession (in any way) alcoholic beverages, morphine, marijuana, cocaine, opium, heroin, (or their derivatives or compounds), drugs commonly called LSD, "pep" pills, tranquilizers, or any other narcotic drug, barbiturate, substance, ingredient, or compound which, when taken orally, intravenously, inhaled, or in any other manner, may cause the person to be under the influence thereof; no pupil shall use any of the same at any school of this school district.
* * *
When a principal determines that a student has violated one or more of the specific standards of conduct described in "Student Conduct," he/she may recommend expulsion or long-term suspension of such student to the superintendent. The superintendent shall, within 24 hours, through the board attorney, give such student and his/ her parent or guardian appointed by the Chancery Court any notices due *190 him/her consistent with state and federal due process requirements at least five (5) days prior to said hearing. Such hearing shall be held within ten (10) days of the notice of expulsion or long-term suspension where possible.

(emphasis added). In the present case, however, it was the superintendent, not the board attorney, who mailed the notice to G.W.'s father on December 8, 1998. In his order, dated May 20, 1999, the chancellor reasoned as follows:

First of all, the Covington County School Board has published and in fact requires all students and parents to acknowledge that they have received a copy of the Covington County handbook which sets forth the criteria that is expected of a student and his parents as well as the responsibilities of the principal, administrators and school boards in the handling of student matters. It is the responsibility of this Court to give any student and in particular G.W. all of the rights that are incorporated in that handbook since the same could be viewed in fact as the "law of the school district." As with any law it puts both responsibilities on the school board as well as on the students and parents. Of course as adults or members who are overseeing a school system we cannot expect for children to comply and to do things that they are expected to unless we as adults likewise do things in the manner in which we are required and expected to do. In fact it is probably more important for us as adults to set a proper example and to show that we are willing to abide by the rules and are not trying to tell minors or students, "Do as we say, not as we do."... In saying that, this Court however strongly feels that the due process rights of any and all persons and in particular minors are a very fundamental and sacred right ... The handbook which has been relied on to expel the minor child, G.W. from the Seminary Public School applies to both the minor and the school board ...

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Cite This Page — Counsel Stack

Bluebook (online)
767 So. 2d 187, 2000 WL 1031382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covington-county-v-gw-miss-2000.