Dunn V. Fairfield Community High School District No. 225

Dunn V. Fairfield Community High School District No. 225

EDAD 548: School Law
Case Brief
Dunn v. Fairfield Community High School District No. 225
United States Court of Appeals, Seventh Circuit, 1998

Facts:     “Shaun Dunn and Bill McCullough were both budding musicians who participated as guitar players in the high school band program at Fairfield Community High School…”(Alexander & Alexander, 2009, p. 510). These two students, in defiance of school rules and explicit teacher orders, created a spectacle at the February 10, 1995 school musical program. The offence? They departed from the planned musical program and along with two other students performed ‘guitar solos’ which were not a part of the program. As a result of the disciplinary action administered by the school, both students received an “F” for the band course. This action taken on the part of the school caused McCullough to graduate without honors. The guitarists appealed the decision by the district court to grant summary judgment in favor of Fairfield. Thus the case landed in the United States Court of Appeals, 7th District.

Question:   Did giving the students an “F” for violating school rules violate Substantive Due Process rights when Fairfield’s actions do not shock the conscience? (emphasis added)

Holding: “…we conclude that its actions violated no right cognizable under the federal civil rights statutes, and we therefore affirm the district court…”(p. 510).

Rationale:   In its review of the case the 7th district starts with one of its many telling comments regarding the actors caught up in this fiasco, “While as a practical matter the school may have overreacted to the spectacle of two young musicians playing the “wrong” pieces, we conclude that its actions violated no right cognizable under the federal civil rights statutes …”(p.510). I think this means the school acted prematurely or perhaps capriciously in its response to the boys but not illegally. Conversely, we immediately see a tone being...