DOE V. APOLLO CAREER CENTER, 2011
*************************Background of the Case*************************
In November 2011, the Dean of Students (Nick Earl) at Apollo Career Center in Lima, Ohio, ordered a cellular device to be confiscated for the investigation of bullying and harassment.
Student, John Doe, took a picture of another student using Snapchat during his Math class and sent the picture with the text, “SLUT”, to his entire contact list. The picture taken was of a female student, Jane Doe, who was 18 years old at the time. The teacher, Ms. Division, took the cellular device during the class period and gave it back to John Doe at the end of class. Ms. Division did not have any knowledge regarding the use of Snapchat, any pictures taken, or bullying/harassment that occurred during her class.
A 17 year old student received the Snapchat and immediately reported the message to Mr. Earl (Dean of Students). However, the Snapchat had expired before Mr. Earl could see it. Apollo Career Center has a zero-tolerance in place for bullying and harassment and both are punishable by expulsion from the secondary school.
As Mr. Earl was approaching John Doe, Doe was reportedly on his phone in the hallway between classes. Doe put the cellular device in his pocket when Mr. Earl approached him to ask him questions regarding the text message/Snapchat. John Doe immediately denied the claims and began walking away from Mr. Earl. At this time, Mr. Earl stopped the student, demanded the cellular device, and went back to his office. Mr. Earl went through the text messages, photos, videos, and emails on the cellular device.
The student, John Doe, was immediately removed from the school through its emergency removal of student procedure. Doe was suspended and within two days of the suspension, Doe was expelled. Mr. Earl referenced the violation of the Student Code of Conduct (Letter M, pages 27-28) and the violation of the Student Code of Conduct (Letter O, pages 29-31).
John Doe sued Apollo Career Center in the U.S. Federal Court on the basis his First, Fourth, and Fourteenth Amendment rights were violated. Apollo Career Center cited that is the responsibility of the district administration to ensure a safe and conducive learning environment for all students and the actions by the Dean of Students to restrict/limit the constitutional rights of John Doe were appropriate. Apollo Career Center defends their position on the basis of the Tenth Amendment, the Ohio Revised Code, and the Staff and Student Code of Conduct outlined by the Apollo Career Center Board of Education.
March 2012, the U.S. Federal District Court ruled in favor of Apollo Career Center and John Doe immediately appealed the decision. The U.S. Circuit (Appeals) Court heard the case and delivered an opinion that favored Apollo Career Center. Once again, John Doe chose to appeal the decision to the Supreme Court of the United States based on the Tinker v. Des Moines decision in 1969, “…students do not shed their constitutional rights to freedom of speech of expression at the schoolhouse gate.” Doe is arguing his 1st, 4th, and 14th amendment rights were violated.
The Supreme Court of the United States agreed to hear the case in April 2017.
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