Doe v. Superintendent of Schools of Stoughton

437 Mass. 1
CourtMassachusetts Supreme Judicial Court
DecidedMay 16, 2002
StatusPublished
Cited by25 cases

This text of 437 Mass. 1 (Doe v. Superintendent of Schools of Stoughton) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Superintendent of Schools of Stoughton, 437 Mass. 1 (Mass. 2002).

Opinion

Cowin, J.

This is an appeal from the Superior Court’s determination that Stoughton school authorities acted arbitrarily and capriciously in suspending a student pursuant to G. L. c. 71, § 37H ½, the statute providing for the suspension of students who have been charged with felonies.4 The principal of Stoughton High School suspended John Doe after learning that he had been charged with indecent assault and battery on a child under the age of fourteen years, and rape and abuse of a child. The principal’s decision was based on these felony charges and his determination that John’s attendance at school posed a threat to the safety, security and welfare of the students at Stoughton High School. The superintendent of Stoughton public schools upheld the principal’s determination, and John’s parents sought [3]*3judicial review of that decision in the Superior Court. A judge in the Superior Court concluded that the superintendent’s decision was an abuse of discretion, and permanently enjoined school authorities from prohibiting John’s attendance at Stoughton High School. We reverse. Judgment is to enter for the defendants.

1. Facts and procedural background. John Doe, a fifteen year old freshman student at Stoughton High School, was charged with sexually assaulting a six year old child in a garage during the prior summer. On learning of the charges, the principal of Stoughton High School sent John’s parents a letter notifying them that he would hold a hearing to consider John’s possible expulsion based on the felony charges that had been filed against him by the Stoughton police department.5

The record before the principal included the narrative police reports of two officers of the Stoughton police department. The reports indicate that John admitted to sodomizing a six year old child with his finger and a piece of pipe. He described the incident to the officers as a “joke.” In addition, the principal considered John’s first quarter grade report and disciplinary record. Although John’s grades were poor, his record did not indicate prior disciplinary problems during his brief time at Stoughton High School. The principal notified the parents by letter of his decision to exclude John from school pending the resolution of the charges, stating that “[John] poses a threat to the safety, security and welfare of the Stoughton High School community,” and that the principal could not “risk the possibility that a similar occurrence might take place within the High School” by allowing John to return.

John’s parents appealed from the principal’s decision to the superintendent of Stoughton public schools. The superintendent, after holding a hearing on the matter, upheld the principal’s decision. No evidence other than that before the principal was presented at the hearing before the superintendent. John’s parents then filed a verified complaint and a motion for preliminary injunctive relief in the Superior Court, challenging as arbitrary and capricious the superintendent’s decision to uphold John’s suspension, and seeking an order reinstating him as [4]*4a student at Stoughton High School. The Superior Court denied the preliminary injunction motion, concluding that the plaintiffs had no likelihood of success on the merits.

The parties submitted cross motions for judgment on the pleadings. Based on the same record submitted on the preliminary injunction motion, another judge concluded that the superintendent’s decision to suspend was an abuse of discretion. She concluded that G. L. c. 71, § 37H ½, “makes clear . . . that criminal charges alone are not sufficient to justify a student’s suspension from school,” and that the statute requires a finding that the “student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school.” The judge determined that the superintendent’s decision was an abuse of discretion because there was “no evidence that John’s presence at the school had any negative effect on the school population.” The judge permanently enjoined school authorities from prohibiting John’s attendance at Stoughton High School.

Prior to the entry of final judgment, the superintendent filed a petition for interlocutory relief with a single justice of the Appeals Court pursuant to G. L. c. 231, § 118, first par., requesting a stay of the Superior Court’s order pending appeal. The single justice granted the stay, noting that “the defendants have a strong argument that it was not arbitrary or capricious for the school authorities to determine that John Doe posed a risk to the safety of the school community.” We transferred the case here on our own motion.

2. Discussion. General Laws c. 71, § 37H ½, authorizes the suspension of students who have been charged with felonies. G. L. c. 71, § 37H ½. The statute specifies that the principal or headmaster makes the initial decision to suspend, and must provide the student with written notification and a hearing before any suspension may take effect. Id. A felony charge alone is not sufficient basis for imposing suspension; the statute also requires a determination that “the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school.” Id. The student has the right to appeal from the principal’s determination to the superintendent. Id.

[5]*5Because the statute does not provide a particular method of seeking judicial review of the superintendent’s decision, an aggrieved party may seek relief under G. L. c. 249, § 4. Reading v. Attorney Gen., 362 Mass. 266, 271 (1972). That standard of review varies according to the nature of the action for which review is sought. McSweeney v. Town Manager of Lexington, 379 Mass. 794, 800 (1980), and cases cited. Boston Edison Co. v. Boston Redevelopment Auth., 374 Mass. 37, 48-49 (1977).

Although we have yet to decide the appropriate standard of review of a superintendent’s decision to suspend a student under G. L. c. 71, § 37H ½, we have always accorded school officials substantial deference in matters of discipline. Doe v. Superintendent of Schs. of Worcester, 421 Mass. 117, 128 (1995) (interpreting G. L. c. 71, § 37H). Nicholas B. v. School Comm. of Worcester, 412 Mass. 20, 21 (1992) (“School committees have wide discretion in school discipline matters”). Leonard v. School Comm. of Attleboro, 349 Mass. 704, 709 (1965). Students have an important interest in public education, but we have recognized that “educational opportunities can be lost by students as a result of their actions.” Doe v. Superintendent of Schs. of Worcester, supra at 130-131. School officials have a duty to “provide a safe and secure environment in which all children can learn.” Id. at 131. Because school officials are in the best position to determine when a student’s actions threaten the safety and welfare of other students, we must grant school officials substantial deference in their disciplinary choices. Thus, we will overturn a superintendent’s decision to suspend a student only if it is arbitrary and capricious, so as to constitute an abuse of discretion. Nicholas B. v. School Comm. of Worcester, supra at 21-22. Although this is an appeal from a Superior Court determination, we review the record before the superintendent to determine whether the decision is arbitrary or capricious without giving the view of the Superior Court judge any special weight.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

P.J. Keating Company v. Town of Acushnet
Massachusetts Appeals Court, 2024
James Riva v. Massachusetts Parole Board.
Massachusetts Appeals Court, 2023
JERRY ADREY v. DEPARTMENT OF CORRECTION
Massachusetts Superior Court, 2020
Doe v. Worcester Public Schools
Massachusetts Supreme Judicial Court, 2020
Board of Health of Northbridge v. Couture
125 N.E.3d 98 (Massachusetts Appeals Court, 2019)
Perullo v. Advisory Committee on Personnel Standards
72 N.E.3d 1048 (Massachusetts Supreme Judicial Court, 2017)
Frawley v. Police Commissioner of Cambridge
46 N.E.3d 504 (Massachusetts Supreme Judicial Court, 2016)
Doucette v. Massachusetts Parole Board
18 N.E.3d 1096 (Massachusetts Appeals Court, 2014)
Doe v. Town of Weston
31 Mass. L. Rptr. 6 (Massachusetts Superior Court, 2013)
Doe 29701 v. Sex Offender Registry Board
29 Mass. L. Rptr. 591 (Massachusetts Superior Court, 2012)
Crossen v. Board of Registration of Home Inspectors
29 Mass. L. Rptr. 627 (Massachusetts Superior Court, 2012)
Cumis Insurance Society, Inc. v. BJ's Wholesale Club, Inc.
455 Mass. 458 (Massachusetts Supreme Judicial Court, 2009)
Jones v. Maloney
910 N.E.2d 412 (Massachusetts Appeals Court, 2009)
Macero v. MacDonald
897 N.E.2d 1256 (Massachusetts Appeals Court, 2008)
Murakowski v. University of Delaware
575 F. Supp. 2d 571 (D. Delaware, 2008)
Boone v. Commerce Insurance
884 N.E.2d 483 (Massachusetts Supreme Judicial Court, 2008)
Pomeroy v. Ashburnham Westminster Regional School District
410 F. Supp. 2d 7 (D. Massachusetts, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
437 Mass. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-superintendent-of-schools-of-stoughton-mass-2002.