Credit: Sharomka/Shutterstock.com No Due-Process Violations Where Student, 7, Found to Harass Transgender Classmate
The appeals court rejected the parents' claims that having the HIB violation on the child's record was more deleterious than the the recess detention that was imposed as the child's punishment for the alleged harassment.
November 02, 2020 at 05:08 PM
4 minute read
A second-grader facing short-term suspension for harassing a transgender classmate is not entitled to the same due process rights afforded to students accused of more serious offenses, a New Jersey appeals court has ruled.
At issue in the case was whether a child, then 7, whose school record shows she violated the district's harassment, intimidation and bullying policy, or HIB, is entitled to a prehearing notice of specific testimony and charges against her and whether she should have been allowed to confront and cross-examine witnesses against her.
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