Goss v. Lopez, 419 U.S. 565 (1975)

"Ohio may not withdraw the right to an education on grounds of misconduct,
absent fair procedures to determine whether the misconduct has occurred."

Ohio, 1971. Dwight Lopez, and seventy-five other students, are suspended from Central High in Columbus, for causing a disturbance and destroying school property. Lopez attempts to deny he was involved. But he's given no chance, no hearing. School officials will not even say why they suspect him.

In 1971, Lopez gets his hearing, in front of the Supreme Court. They find, five-to-four, in his favor. "Ohio may not withdraw the right to an education on grounds of misconduct, absent fair procedures to determine whether the misconduct has occurred." Justice White writes: "Some modicum of discipline is essential if the educational function is to be performed. But it would be a strange disciplinary system, if no communication was sought with the student to inform him of his dereliction, and to let him tell his side of the story."

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Due Process Rights of Students Exploring Constitutional Conflicts

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AMENDMENT 5 Due Process of Law

Passed by Congress September 25, 1789. Ratified December 15, 1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [^].

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