By Laura Watson Argued October 18 1988 Decided February 17 1989 Who is who Daniel K Palmer Plaintiff High School Senior Peter L Merluzzi Defendant Superintendent of Schools for the district ID: 536419
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Slide1
Palmer v. Merluzzi
By Laura Watson
Argued October 18, 1988.
Decided February 17, 1989.Slide2
Who is who?
Daniel K. Palmer-
Plaintiff
- High School Senior
Peter L.
Merluzzi
-
Defendant
-Superintendent of Schools for the district.Slide3
Background
On September 28, 1986, in Hunterdon Central High School in New Jersey, Dan Palmer a senior and 3 other students were drinking beer and smoking marijuana in the school’s radio station.
Dan Palmer was a senior, a starting wide receiver for the football team and also enrolled in a class called “Careers in Broadcasting”.
A day after the incident, during a meeting with the football coach and school disciplinarian, Dan admitted to the violations.
On September 30, 1986, Dr. Grimm (the school disciplinarian) sent a letter to the Palmer notifying them of a 10 day suspension.
*This included both curricular and extracurricular activities.
*The notification did not include any other penalties.Slide4
Approximately, on October 3, 1986 Dr.Grimm, Merluzzi and other administrators met in order to discuss whether an additional penalty was required due to the offense.The decision was not concluded in the meeting.Merluzzi contacted two local drug and alcohol rehabilitation centers for their opinion on the situation. Merluzzi was told sixty days was a reasonable period of time to deal with the issue.On October 13, Merluzzi recommended to the board that Palmer and the other students receive a sixty day extracurricular suspension.During the meeting Dan’s father was given 30 minutes to discuss with the board how the extra suspension would affect Dan’s scholarship potential.
After the meeting, Merluzzi issued Dan with the sixty day extracurricular suspension.
BackgroundSlide5
Afterwards…
After the meeting, the Palmers decided to take Merluzzi and the Board of Education to court.
They sought to:
1.) Eliminate the ten and sixty day school suspension
2.) Reinstate Palmer
3.) Remove this from his records
The Palmers also claimed that Dan’s right to due process and his 14th amendment to equal protection were both violated.Main Issues
-Whether due process was required -Extension of due process due this case
The decision was done in the United States Court of Appeals, Third Circuit.
-Extracurricular activities is not a fundamental right.Slide6
Outcome
Not Guilty.
The court decided that Palmer received the aqueduct level of due process due to the incident
Due process was during the informal conference with the coach, disciplinarian and student.
The student handbook contains policies on drugs and alcohol. The handbook states an automatic 10 day suspension is necessary.
The interscholastic athletic program policy states that no student may participate who does not show good citizenship and responsibility.Slide7
Implications
Students can get suspended (no matter who they or the effect) because it is a policy.
Suspension includes all extracurricular and curricular activities, no matter what.Slide8
Applications
Due process and fairness applies to all students.
Extracurricular activities and athletic commitment should not have any impact on the decision.
Judging the behavior of all students must be equal.Slide9
Who was Dan Palmer?
A.) High school senior, football player and part of the radio station.
B.) Teacher
C.) Student
D.) PrincipalSlide10
Where did this case take place?
A.) New YorkB.) Florida
C.) New Jersey
D.) CaliforniaSlide11
Why did the Palmers go
to court?
A.) Dan’s 14
th
amendment rights were violated
B.) Dan got into a fight at school
C.) Dan dropped out of schoolD.) None of the aboveSlide12
Did Dan admit to the
violations?
A.) Yes
B.) NoSlide13
What was the outcome?
A.) Not GuiltyB.) Guilty
C.) Mixed
D.) No DecisionSlide14
References
FindACase
| Palmer v.
Merluzzi
. (
n.d
.). FindACase™. Retrieved April 16, 2012, from http://pa.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19890217_0041199.C03.htm/qxPALMER BY PALMER v. MERLUZZI - Argued October 18, 1988.. (
n.d.).
Leagle
Home
. Retrieved April 16, 2012, from http://www.leagle.com/xmlResult.aspx?page=7&xmldoc=1989958868F2d90_1945.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7