Supreme Court Upholds Suspension Of High School Student

Thursday, September 27, 2012

The Tennessee Supreme Court has upheld a ten-day suspension of a student at Hillsboro High School in Nashville.   

On Sept. 5, 2008, Christian Heyne, a senior and captain of the football team, injured another student when he pinned the student’s foot under one of the wheels of his car.  The principal of Hillsboro High School conducted an investigation and determined that Mr. Heyne had violated the school rule prohibiting “reckless endangerment.”  Accordingly, the principal suspended Mr. Heyne for 10 days and placed him on probation for the rest of the school year.  The principal’s decision was reviewed and upheld by a disciplinary board, a representative of the director of schools, and the school board. 

Mr. Heyne and his parents filed suit challenging the suspension in the Chancery Court for Davidson County.  They argued that the disciplinary procedure violated Mr. Heyne’s due process right to a fair and unbiased hearing.  The chancery court agreed and held that the disciplinary process has been tainted by bias and procedural unfairness and the suspension was based on insufficient evidence. 

The Court of Appeals reversed the trial court and upheld Mr. Heyne’s suspension and probation.  Mr. Heyne and his parents appealed to the Tennessee Supreme Court.  The Supreme Court agreed with the Court of Appeals.  In a unanimous opinion, the Supreme Court determined that the disciplinary proceedings were not unfair and that the Heynes had failed to prove that the school officials were biased against Mr. Heyne.  The Court also found that the evidence supported the school officials’ decision that Mr. Heyne had violated the rule prohibiting reckless endangerment and that he should be suspended for 10 days. 

To read the Christian Heyne v. Metropolitan Nashville Board of Education opinion, authored by Justice William C. Koch, Jr., visit http://www.tncourts.gov/sites/default/files/heynec_opn.pdf.




Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ABERNATHY, GAVIN TREMYNE  613 CLARK STREET ATHENS, 37303  Age at Arrest: 24 years old Arresting Agency: Hamilton County CONTEMPT OF COURT --- ATKINSON, JANISHA SHOLONTA  3210 BROAD STREET CHATTANOOGA, 37410  Age at Arrest: 26 years old Arresting Agency: Hamilton County THEFT OF ... (click for more)

Alexander Says Senate-Passed Bill Will Help Fight Zika, Keep Government, National Parks Open

Senator Lamar Alexander on Wednesday voted for legislation that will provide $1.1 billion to combat the spread of the Zika virus, keep government and national parks open and fund Pell grants for college students. The bill will keep the government open through  Dec. 9 . Senator Alexander said, “Senate Democrats deserve no praise today for finally relenting and allowing ... (click for more)

Jimmy Templeton Will Be Missed At The City Yards

If only we had known about the Chattanooga City Council's planned retirement send off for Jimmy Templeton of Public Works, the room would have been filled to overflowing with his friends and admirers - including me.   I have had the honor of knowing and working with Jimmy since the 1970's (and also knew his father "Big Jim").  Jimmy was a strong right hand for whoever ... (click for more)

Roy Exum: Vin Scully’s Last Time

It is said that the opening paragraph of my favorite ode to baseball should be the centerpiece for the canon of sports literature. It was written by former commissioner Bart Giamatti in "The Green Fields of the Mind,” a most marvelous essay to the last day of the regular season in the major leagues. “It breaks your heart. It is designed to break your heart. The game begins in ... (click for more)

Signal Mountain Beats Red Bank On Senior Night

It was Senior Night at Signal Mountain on Wednesday as the Lady Eagles played their last regular-season volleyball match at home before they host next week’s District 7-AA tournament and all went pretty much as planned. It was a battle of regular-season district champions as the 6-AA queen Red Bank Lionettes provided the opposition for the 7-AA winning Lady Eagles. Signal ... (click for more)

Signal Mountain Wins 7-AA After Beating Notre Dame

The Signal Mountain Lady Eagles took care of business at home Tuesday night as they swept visiting Notre Dame by scores of 25-15, 25-19 and 25-19 to claim first place in District 7-AA with a 10-0 district mark and 30-8 overall. Audrie Johnson had 11 kills while Kate Barry added 17 digs and 11 assists.  Nicole Terfloth finished with 18 digs and three aces for the winners ... (click for more)