Stanford Youth and Education Law Project students Grady Jung (JD ’16) and Nicole Roberts (JD ’16), with instruction and guidance from their supervising attorney, Bill Koski, helped their twelfth-grade client, James*, avoid the serious consequences of expulsion just weeks before his graduation.

James, a minority senior at a predominately white suburban high school, was initially suspended less than eight weeks before graduation. Before his suspension, James was on track to graduate, had already begun taking college classes, and had been a starting player on the varsity football team. Suddenly, James faced expulsion for allegedly harassing a fellow student and football player. Following his initial suspension, the school district began proceedings to expel James.

Grady and Nicole investigated and learned that the district had amassed a series of witness statements, each containing various levels of hearsay and rumors. Among the evidence, one set of facts was consistent: James had briefly spoken with the other student, a longtime acquaintance, at lunch. As the conversation finished and James walked away, the other student charged at James and attempted to attack him. The other student – not James – had to be restrained by a school security guard. As a result of the encounter, James was suspended and then referred for expulsion. The school took no disciplinary action against the other student.

Grady and Nicole also learned that James had a long history of conflict with the school district and had, perhaps, been unlawfully searched on several occasions. Grady and Nicole also determined that the school district had failed to implement an Individualized Education Program (IEP) for James. Under the IEP, James was legally entitled to accommodations for his specific learning disability. In addition, the district had tried multiple times to suspend or expel James—yet each time, the district was unable to find any evidence supporting an expulsion. It began to look like James was being singled out.

Well-armed with the facts, Grady and Nicole engaged in extensive negotiations with the school district and were able to secure a settlement for their client. Under the terms of the settlement, James is finishing his final coursework in independent study, is participating in his school’s senior year activities, including his Sports Award Ceremony to celebrate his years as a student-athlete, and then, will walk across the stage with all of his peers to receive his high school diploma.

James, who came very close to losing it all, is excited and grateful.

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*Names have been changed to protect client confidentiality.