Case Brief Constitutional Law

Mary, a high school athlete, was jealous of her teammate, Jean. When Mary saw Jean coming out of a brewpub at 11:00 PM one night (during the season), she went to her coach and accused Jean of violating team rules with regard to curfew and drinking alcoholic beverages. The coach had rules for the team, including a 10:00 PM curfew during the season and a rule that if athletes were caught drinking, they would be suspended from the team for one (1) game for the first offense. School policy required an investigation to be held before any athlete was suspended. The coach decided to make an example of Jean, who was not a starter, and suspended her for the rest of the season – 10 games – even though this was Jean’s first offense. The coach did not conduct an investigation of Mary’s charges against Jean prior to suspending her. Jean sued the coach and the school district, seeking reinstatement to the team, claiming her due process rights had been violated. a) Discuss the case with regard to the two [2] types of due process, substantive and procedural. b) Explain each type of due process thoroughly enough for me to conclude that you understand each one and then apply each one to these facts. c) Was Jean denied due process? d) If so, which one (or both?)? e) Who wins the case – Jean or the school district? f) Why?

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