South Gibson School Board v. Sollman

728 N.E.2d 909, 2000 WL 680987
Indiana Court of Appeals·Decided May 26, 2000·No. No. 26A01-9906-CV-222·Published·Cited by 1 cases

Opinion

OPINION

MATTINGLY, Judge

The South Gibson School Board (“the Board”) appeals an order issued by the trial court pursuant to judicial review of a decision to expel Trent Solimán (“Trent”) from Gibson Southern High School.1 We restate the issues on appeal as follows:

1. Whether Trent may be denied credit for coursework that he performed in the semester during which the conduct leading to his expulsion occurred; and
2. Whether the period of Trent’s expulsion may include the time during which summer school occurs.
We affirm.2

FACTS AND PROCEDURAL HISTORY

December 17, 1998 was three days before the end of Gibson Southern High School’s first semester. On that day, two sheriffs deputies, accompanied by a “marijuana sniffing” dog, toured a parking lot at Gibson Southern High School. Trent’s vehicle was parked in the lot and the dog “alerted” on it. Trent was retrieved from class and he unlocked the vehicle. In the vehicle’s unlocked glove box was found a plastic bag containing a small amount3 of marijuana.

Following these events, Gibson Southern High School’s principal suspended Trent and requested that he be expelled. Trent’s suspension began on December 17, 1998. Following his suspension, Trent did not complete any school assignments or examinations that remained to be completed in the first semester.

An expulsion examiner was appointed and an expulsion meeting held. On January 29,1999, the expulsion examiner issued a report holding that Trent would be ex[912] pelled from Gibson Southern High School for (1) the remainder of the first semester, (2) the second semester, and (3) summer school. The expulsion examiner further determined that Trent would be allowed to reenter Gibson Southern High School when the fall semester of the 1999/2000 school year began.4

Trent appealed the decision of the expulsion examiner, requesting a hearing before the School Board. The School Board held a hearing and ultimately concluded that Trent’s case should be returned to the expulsion examiner for further consideration. Subsequently, the expulsion examiner issued a revised report determining, once again, that Trent would be expelled until the fall semester of the 1999/2000 school year. Trent appealed this determination to the School Board, which upheld the examiner’s expulsion determination.

On March 19,1999, Trent, along with his parents Donald Solimán and Marilyn Soil-man (collectively, “the Sollmans”), filed a petition for judicial review in which they claimed, among other things, that Trent’s expulsion was in excess of statutory jurisdiction; that his expulsion was arbitrary and capricious as it extended beyond the end of the school year; and that the refusal to give him first semester credits was arbitrary and capricious. Their petition requested

that the Court enter an order prohibiting the School Board from extending the expulsion beyond the school year, that the Court order the School Board to permit Trent Solimán to attend summer school and participate in extracurricular activities during the summer, and that the Court further order the School Board to give Trent Solimán his grades and credits for the first semester....

(R. at 8.) A hearing on this petition was held and on May 21, 1999, the trial court issued an order that stated in part:

The Court ... now finds that the expulsion of Trent Solimán from Gibson Southern High School by the Expulsion Examiner and the South Gibson School Board was in violation of Indiana law and must not be allowed to stand. Specifically, the Court finds that although the South Gibson School Board had the authority to expel Trent for the 1998-99 school year, the expulsion extends beyond the 1998-99 school year in violation of Indiana Code 20-8.1-5.1-14. The Court further finds the Board acted in an arbitrary and capricious manner and abused its discretion in denying Trent credit for first semester courses for which he may have earned a passing grade in spite of the work assignments missed.
It should be noted that the Court has not determined that the School Board was without authority to expel Trent for the 1998-99 school year nor is it the decision of the Court that the expulsion was impermissibly excessive because Trent deserved a lesser punishment in view of the particular circumstances of his case. Instead, it is the decision of the Court that while the Board is authorized to expel a student for the remainder of the school year upon a violation of the zero tolerance drug policy, the Board is not authorized to extend the expulsion to include summer school nor may the Board deny a student credit for courses in which a passing grade is earned in spite of missed assignments and tests resulting from the expulsion.
The South Gibson School Board expelled Trent pursuant to the uncompromising zero tolerance toward drugs policy, a policy clearly and openly explained [913] to all the students at Gibson Southern High School, including Trent. While the Board was authorized to expel Trent through the end of the current school year, the Board exceeded its statutory authority by extending the expulsion to include summer school. The Board acted in an arbitrary and capricious manner and abused its discretion when it summarily denied Trent credit for first semester courses without regard to whether Trent had earned passing grades for those classes after factoring zeros for all assignments and tests missed as a result of the suspension.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the expulsion of Trent Solimán shall end on May 28, 1999.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the South Gibson School Corporation award to Trent Solimán credit for courses in the first semester of the 1998-1999 school year in which it is determined Trent Solimán earned a passing grade for the courses after the assessment of zeros for all worked [sic] missed as a result of the suspension.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the expulsion of Trent Solimán by Gibson Southern is in other respects upheld.

(R. at 117-18, 126.) The Board now appeals.

STANDARD OF REVIEW

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South Gibson School Board v. Sollman, 728 N.E.2d 909, 2000 WL 680987 (Ind. Ct. App. 2000).

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