The Georgia Supreme Court recently ruled on a case involving a high school girl who was expelled for fighting, even when she said she was just fighting back when she was attacked.
The school said their policy is that anybody involved in a fight is equally guilty, and there's no right to use violence in self-defense at any Henry County school.
http://www.dailyreportonline.com/id...in-Student-Fight-Case?slreturn=20170731202709
The Court of Appeals of Georgia ruled, last year, that it was the school's burden to disprove the girl's self-defense claim once she asserted it, and their failure to even consider it was reversible error. The girl had a 100% win over Henry County schools at that level.
But, supplied with an endless supply of taxpayer money to waste and an anti-individual agenda to promote for the good of the collective, Henry County fought this all the way up to the Ga. Supreme Court.
The highest Court ruled that the school administrative tribunal to not consider her self-defense claim, and the Court of Appeals was correct in saying that the state of Georgia's self-defense laws trump any conflicting school rule or code of conduct.
BUT, the Court also said that the Court of Appeals was wrong to state that it was the School's burden to prove her guilty at the trial-level court where the girl's civil suit was heard. The Supreme Court said that like any other civil litigation, the plaintiff (the one who brings the suit) always bears the burden of proving her case. She she had to not only "claim" self-defense but PROVE it also, with her evidence.
However, I think it's also implicit in this case that the School system cannot presume the girl to be guilty at the administrative tribunal and force her to prove her innocence. The government, when it wants to take away your property or liberty, always has to show cause. That's fundamental due process of law. So the school will have to produce evidence such as videos and witness statements to try to punish kids who fight. The kids are free to use that evidence, and any other evidence they can come up with, to disprove the government's theory at the administrative hearing.
Only if they lose the hearing and have to file a civil suit over the incident will they bear the burden of proving they hit the other kid(s) in necessary self-defense.
The school said their policy is that anybody involved in a fight is equally guilty, and there's no right to use violence in self-defense at any Henry County school.
http://www.dailyreportonline.com/id...in-Student-Fight-Case?slreturn=20170731202709
The Court of Appeals of Georgia ruled, last year, that it was the school's burden to disprove the girl's self-defense claim once she asserted it, and their failure to even consider it was reversible error. The girl had a 100% win over Henry County schools at that level.
But, supplied with an endless supply of taxpayer money to waste and an anti-individual agenda to promote for the good of the collective, Henry County fought this all the way up to the Ga. Supreme Court.
The highest Court ruled that the school administrative tribunal to not consider her self-defense claim, and the Court of Appeals was correct in saying that the state of Georgia's self-defense laws trump any conflicting school rule or code of conduct.
BUT, the Court also said that the Court of Appeals was wrong to state that it was the School's burden to prove her guilty at the trial-level court where the girl's civil suit was heard. The Supreme Court said that like any other civil litigation, the plaintiff (the one who brings the suit) always bears the burden of proving her case. She she had to not only "claim" self-defense but PROVE it also, with her evidence.
However, I think it's also implicit in this case that the School system cannot presume the girl to be guilty at the administrative tribunal and force her to prove her innocence. The government, when it wants to take away your property or liberty, always has to show cause. That's fundamental due process of law. So the school will have to produce evidence such as videos and witness statements to try to punish kids who fight. The kids are free to use that evidence, and any other evidence they can come up with, to disprove the government's theory at the administrative hearing.
Only if they lose the hearing and have to file a civil suit over the incident will they bear the burden of proving they hit the other kid(s) in necessary self-defense.
