Goss V.

Lopez (1975)
General Rule of Law: Students facing temporary suspension from a public school qualify for protection

under the Due Process Clause of the Fourteenth Amendment.

Procedure Summary:
Plaintiff: Lopez and eight other high school students in Ohio
Defendant: Goss, an administrator in the Columbus, Ohio Public School System
District Court Decision: Held for Lopez (P)
Supreme Court Appeal Decision: Affirmed
Facts: Under a State of Ohio education statute, a public school principal may suspend a student for

misconduct for up to ten days without a hearing if he notifies the student’s parent within twenty-four

hours and gives reasons for his action. Lopez and eight other students were suspended for 10 days for

destroying school property. At the time, Ohio law allowed schools to suspend students without a hearing.

Lopez testified that at least 75 other students were suspended on the same day. Lopez denied being a part

of the group that vandalized school property, however, he was not given a hearing or a description of the

charges he was accused of. The events in question transpired at Marion-Franklin High School, where

several students were actively engaged in protests against the Vietnam War. There was a lot of student

unrest in the 1960’s all across the US due primarily to the Vietnam War. Lopez and eight other students

brought suit in district court against Gross on the grounds that their suspension without a hearing violated

their procedural due process rights under the Fourteenth Amendment.

Issue: Does Due Process require that public school students be allowed a hearing or review prior to their

suspension?

Holding and Decision: Yes. The Court held that Ohio was constrained to recognize students’

entitlements to education as property interests protected by the Due Process Clause that could not be

taken away without a minimum procedures required by the Clause. The Court found that students facing

suspension should at a minimum be given notice and afforded some kind of hearing.
Comment: This case reminds administrators that there is a process to follow when suspending students.

It is important to remember that our students have rights and the consequences that we inforce must

comply with their rights and the policies laid out.