The recent Glenbrook North High School hazing cases challenged both the
schools and the courts, amidst a storm or public controversy, to find a
principled way to define the “nexus” required to authorize the
discipline of students for off-campus misbehavior. Below, we
review how administrators can identify when a “nexus” exists, and how
administrators can approach the more difficult questions relating to
off-campus misconduct.
I. Is There a “Nexus” to the School?
a. Lander v. Seaver (1859) – the
original “nexus” case.
b. Clements v. Board of Education of Decatur, Public School Dist. #61
c. Gendalman v. Glenbrook North High School – the new standard (2003).
II. Student Communication Over the Internet
a. Flaherty v. Keystone Oaks School
District (2003) – the importance of good student handbook language.
b. J.S. v. Bethlehem Area School District (2002)
c. Other cases holding in favor of students.
III. Challenges to School Procedures
a. What process is due?
(i) suspension cases
(ii) expulsion cases
b. How specific must rules be?
c. Time limitations on “nexus” claims.