General Instruction: State or Cite a provisions of the law that will support your opinion or ideas.

Rubrics:

Excellent – Good – explanation Poor – explanation Bad – explanations

explanation relates relates to mostly to relates to some of what somehow related
to what is being ask what is being ask is being ask with a little to what is being
with a full provisions with a provisions of provisions to support and no provision
of the law as a the law as a support the opinion of the law to
support support
15 12 8 5

Case #1

A school security department through the advice of the MIS department implemented
the rule which will subject every student laptop to inspect in order to ensure that NO
pornographic materials, pirated software and other prohibited materials are stored in a student
laptop.

The president of the Supreme Student Council contends that such rule violates their
privacy rights guaranteed by the Constitution because laptop is a personal property especially
the content.

The Security Department counter-argued and contends that their school bags as well as
their contents are also personal property but the inspection of such is not being ruled to be
violated of privacy rights.

The Dean of Student Affairs asks your opinion for the foregoing legal issues. What will be
your advice in the Dean of Student Affairs.

Case #2

A group of public high school students participated in, or were present at,
demonstrations held on school grounds were suspended. Many suspensions were for a period
of 10 days. Students were not given a hearing before suspension, although at a later date some
students and their parents were given informal conferences with the school principal. A law
provides free education to all children between the ages of 6 and 21. A number of students,
through their parents, sued the board of education in that school, claiming that their right to
due process had been violated when they were suspended without a hearing.

In this case, the Supreme Court decided that students who were suspended for 10 days
or less are entitled to certain rights before their suspension. These rights include: ( 1) oral or
written notice of the charges, (2) an explanation (if students deny the charges) of the evidence
against them; and (3) an opportunity for students to present their side of the story.

The Court stated also that in an emergency, students could be sent home immediately
and a hearing held at a later date. The Court did not give students a right to a lawyer, a right to
cross-examine witnesses, a right to call witnesses, or a right to a hearing before an impartial
person.

The Court considered the due process interests of harm, cost, and risk. The Court ruled that
reputations were harmed and educational opportunities were lost during the suspension; that
an informal hearing would not be overly costly for the schools; and that while most disciplinary
decisions were probably correct, an informal hearing would help reduce the risk of error.

1. What rights did the Supreme Court say the students should be given prior to a brief
suspension'?

2. What rights might the students want that they did not receive in this ease'' What are
the arguments for and against providing these additional rights?

3. Do you think this case was decided correctly'? Give your reasons.

NOTE:

PLEASE SUBMIT THIS ASSIGNMENT TUESDAY – OCTOBER 8, 2019….. IN 1 WHOLE SHEET PAD
PAPER……….. THANK YOU