Equity in Education Legal Database v0.1
 

Related Laws and Acts

Due Process


Equal Protection Clause

 

Hawkins v. Coleman (1974)

Details:

Black students at all levels were shown to be suspended and disciplined more often than their white classmates to an acceptable degree of statistical significance. An outside expert visited the schools in question, and another expert on institutional racism testified that the data fit a pattern of racial discrimination of the presence of institutional racism and cultural insensitivity on the part of the school staff. The discrimination had manifested itself in frustration expressed in increased "suspendable behavior." Also, non-violent behavior considered to be characteristic of black culture was being interpreted as disruptive and suspendable to the white-controlled institution. The court determined racial discrimination had taken place, despite a lack of evidence that school staff had overtly attempted to punish black students more than white students.

 

Applications and Implications:

  • Statistics can be part of showing discrimination, but alone are insufficient to prove an intent to discriminate.
  • Expert testimony of racial discrimination patterns can show intent to discriminate.
  • Cultural insensitivity regarding disciplinary measures is considered racial discrimination.
  • Disciplinary policies are subject to strict scrutiny.

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 226-229.
Design downloaded from Free Templates - your source for free web templates