J.S. Ex Rel. H.S. v. Bethlehem Area School District

757 A.2d 412, 2000 Pa. Commw. LEXIS 402
CourtCommonwealth Court of Pennsylvania
DecidedJuly 14, 2000
StatusPublished
Cited by16 cases

This text of 757 A.2d 412 (J.S. Ex Rel. H.S. v. Bethlehem Area School District) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.S. Ex Rel. H.S. v. Bethlehem Area School District, 757 A.2d 412, 2000 Pa. Commw. LEXIS 402 (Pa. Ct. App. 2000).

Opinions

JIULIANTE, Senior Judge.

J.S. (Student), a minor by and through his parents and natural guardians, H.S. and I.S. (Parents) (collectively, Appellants), appeal from the July 23, 1999 order of the Court of Common Pleas of Northampton County (trial court) that affirmed the decision of the Bethlehem Area School District (School District) to permanently expel J.S. from its schools. For the reasons that follow, we affirm.

In May of 1998, Student was in the eighth grade at Nitschmann Middle School, which is located within the School District. Sometime prior to May, Student created a web-site on his home computer and on his own time. The web-site, titled “Teacher Sux,” consisted of several web pages that made derogatory comments about Student’s algebra teacher, Mrs. Ful-mer, and Nitschmann Principal, Mr. Kart-sotis.1

Prior to accessing the web-site, a visitor had to agree to a disclaimer. The disclaimer indicated, inter alia, that the visitor was not a member of the School District’s faculty or administration and that the visitor did not intend to disclose the identity of the web-site creator or intend to cause trouble for that individual.

Through an anonymous e-mail, a Nitsch-mann instructor learned of the web-site and promptly reported it to Mr. Kartsotis, who proceeded to view portions of the site. Mr. Kartsotis then convened a faculty meeting and informed it that there was a problem in the school, but he did not disclose the nature of it.

Mr. Kartsotis contacted the local police authorities. The Federal Bureau of Investigation (FBI) was also contacted. Both agencies conducted investigations into the matter and were able to identify Student as the creator of the web-site.2 During the investigations, Student continued to attend classes and participate in extracurricular activities. Student voluntarily removed the web-site approximately one week after Mr. Kartsotis became aware of it.

On or about July 30, 1998, the School District sent Appellants a letter articulating its intent to suspend Student for a period of three days. The letter alleged that Student violated School District policy through three Level III offenses:3 threat to a teacher, harassment of a teacher and principal and, disrespect to a teacher and principal. After a hearing on the suspension, the School District opted to extend the suspension period to ten days, effective the beginning of the 1998-99 school year. Shortly thereafter, the School District commenced expulsion proceedings against Student.

Expulsion hearings were conducted on August 19 and 26, 1998. By that time, however, Parents had enrolled Student in an out-of-state school for the 1998-99 school year and thus, Student was unable to attend the August 26, 1998 hearing.

On August 31, 1998, the School District issued the following Findings of Fact, in relevant part:

[416]*4161. [Student] was an eighth grade student at Nitschmann Middle School during the 1997-98 school year.
2. A. Thomas Kartsotis was the principal at the Nitschmann Middle School for 15 years and served in that capacity during the 1997-98 school year.
3. Kathleen Fulmer has taught for 26 years and was a mathematics teacher at Nitschmann Middle School during the 1997-98 school year.
4. [Student] was a student in Ms. [sic, Mrs.] Fulmer’s Algebra I class during the 1997-98 school year.
5. [Student] informed a fellow student that he created a Website known as “Teacher Sux.”
8. On a band trip, [Student] stated to [another student] that he was “taking down” the Web page.
9. There was no password required to access the Website and although a “disclaimer” appears (A2, p. 4), the custom on the Internet is to ignore disclaimers.
10. The Website was not “password protected” and could be found by “links” - there was access from other sites.
11. Within the Website was a Web page with the greeting “Welcome to Kartsotis Sux!” (A-2, p. 39)
12. Another Web page titled “Why Does Kartsotis Suck?” states, in pertinent part:
“5. He sees Mrs. Derrico (Asa Packer principal)!41
6. He sees Mrs. Derrico naked.
7. He fucks Mrs. Derrico.” (A-2, p. 41)
14. The Website caused Mr. Kartsotis embarrassment to himself and his family as well as stress.
16. The reference to Mrs. Fulmer states, in pertinent part: “Why Fulmer Should be Fired”. (A-2, p. 25)
17. The Web page goes on to state:
“5. She shows off her fat fucking legs.
11. The fat fuck smokes.
12. She’s a bitch!” (A2, p. 25)
18. The Web page regarding Mrs. Ful-mer goes on to state:
‘Why Should She Die?”.
(Take a look at the diagram and the reasons I gave, then give me $20.00 to help pay for the hitman.)
Some words from the Writer:
Fuck you Mrs. Fulmer. You are a Bitch. You are a Stupid Bitch.” (listed 136 times) (A2, pp. 26-28, inclusive)
19. Another Web page has a diagram of Mrs. Fulmer with her head cut off and blood dripping from her neck. (A2, p. 18)
20. Upon viewing the Fulmer site on May 12 or 13, 1998, Mr. Kartsotis immediately informed Mrs. Fulmer because he took the threats seriously.
22. After viewing the Web page, [Mrs. Fulmer] was frightened, fearing someone would try to kill her.
23. Mrs. Fulmer has had lasting effects from viewing the Web page, including stress, anxiety, loss of appetite, loss of sleep, loss of weight, and a general sense of lost well-being.
24. Mrs. Fulmer’s lifestyle has changed dramatically as a result of the viewing of the Website, including short time [sic] memory loss and an inability to go out of the house and mingle with crowds.
25. Mrs. Fulmer has suffered headaches, takes Zanac as an anti-anxiety/anti-depressant, and was unable to return to school at the end of the year.
26. Mrs. Fulmer has applied for a medical sabbatical leave for the 1998-99 [417]*417school year because of her inability to return to teaching.
27. The Website had a demoralizing impact on the school community.
28. Mr. Kartsotis stated that the effect on Nitschmann Middle School caused the school to be at a low point which was worse than anything he had encountered in his forty (40) years of education.
29. The effect on the staff at Nitsch-mann Middle School was comparable to the effect on the school community for the death of a student or staff member because there was a feeling of helplessness and a plummeting morale.
30.

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J.S. Ex Rel. H.S. v. Bethlehem Area School District
757 A.2d 412 (Commonwealth Court of Pennsylvania, 2000)

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Bluebook (online)
757 A.2d 412, 2000 Pa. Commw. LEXIS 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/js-ex-rel-hs-v-bethlehem-area-school-district-pacommwct-2000.