STUDENTS RIGHTS AND RESPONSIBILITIES

Chapter 7 & 9:

Students’ Rights and Responsibilities

Drianna Gordon

College of Southern Nevada

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Bill Foster, a high school student, has been caught up in a misunderstanding which ended

up in a law suit. His school, Creekside High School, recently banned such as jewelry, emblems,

earrings, and athletic caps. Due to gang related activities and gangs predominate in the school

they passed a school rule to ban all of those items or any to do with gang related activity. Bill

wore earrings to school, he liked the way he looked with them and was trying to impress a girl at

his school. The school saw the earrings and suspended Bill for gang related material. Bill was

not, and has never been a part of a gang. Bill felt this was an unlawful and wrong suspension, so

Bill and his family sued the school. Laws and regulations are placed in each school, but a fine

line is within each rule. The court has been placed with a tough decision, but there are court

cases that have previously happened in which can help either side of the court.

In the court case, Chalifoux v. New Caney Independent School District 2012, the school

banned rosaries for gang related activity. A student, Manuel Vigil, had two rosaries confiscated

from him at Thompson Valley High School. It was not consistent with a traditional rosemary,

which has ten beads. Manuel’s had thirteen which was associated with a gang called the Sureños.

This bordered with school rules and religion. The court ruled in favor of Manuel. Bill was in no

way wearing earrings for a religious purpose, but they school cannot say an item of clothing is

worthy of suspension when it is no way involved with a gang.

Another court cases to support Bill is Stephenson v. Davenport Community School

District 1992. Brianna Stephenson is an honor roll student, who has not once had an issue at

school. Her school had an enormous problem with gang related activities. To combat this, the

school banned any designs, logos or apparel that were related to gangs. Brianna met with her

school counselor before the beginning of the school year to overlook her academics. The

counselor noticed a small cross tattoo on one of her hands, with that being escalated to the
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Assistant Principle. Brianna was told that tattoo needed to be gone by the upcoming school year,

no matter the fact she had zero gang affiliation. This would be terrible for her great school

record. Brianna went through a painful tattoo removal surgery to be able to attend school. This

resulted in Brianna suing the school, which she ended up winning. Bill and Brianna have that in

common- they chose something that they liked, but were punished. Bill should not be punished

for his freedom of expression, especially when he had nothing to do with gangs.

The school also had rules in place, a court case to help the school is West v. Derby

Unified School District 2000. TJ West was suspended for drawing a confederate flag while in

class. The school had strict rules against this, due to racial issues at the school. TJ knew this was

a rule, but he had to face the consequences. Bill also knew the school rules. It may not be

something he agrees to or likes, but he has to adhere to the school rules.

A court case that is incredibly similar to this court case is Olesen v. Board of Education

of School District 1987. Darryl wants to wear earring while he is at school. But, the school has

made rules against such apparel due to gang relations. He, like Bill, wanted to impress the girls at

his school. Darryl took this to court since he ran the risk of being suspended every time he wore

earrings to school. Darryl lost to the court, the school had rules in place and Darryl broke the

rules. Bill was in the same exact scenario.

Being able to show yourself creatively, is a significant part of a young teenager’s

personality. Another huge aspect of teenagers are learning to adhere to the rules set in place.

While it is unfortunate that Bill cannot wear his earrings to school, wearing them to please his

female classmates is not an adequate reason to break the rules. I believe the court will side with

the school in this case.

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Justia US Law (n.d.). Olesen v. Board of Educ. of School Dist. Retrieved from

https://law.justia.com/cases/federal/district-courts/FSupp/676/820/1626122/

Hudson, J. (2000). The First Amendment Encyclopedia. Retrieved from

https://www.mtsu.edu/first-amendment/article/230/west-v-derby-unified-school-district-

10th-cir

The Denver Post (2016). Student Rosemary Ban May Go Too Far. Retrieved from

https://www.denverpost.com/2012/09/14/editorial-school-rosary-ban-may-go-too-far/

Landmark Cases (n.d.). Gangs, Tattoos, and Symbolic Speech. Retrieved from

http://landmarkcases.org/en/Page/241/Gangs_Tattoos_and_Symbolic_Speech