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Pangle v. Bend-Lapine School District8/30/2000
Argued and submitted November 23, 1999.
Judgment dismissing the state law declaratory judgment claim vacated for lack of jurisdiction and remanded for entry of judgment in accordance with this opinion; otherwise affirmed.
Armstrong, J., concurring in part and dissenting in part.
This case involves the expulsion of a high school student for writing articles included in a publication that he distributed to fellow students on his high school campus. Plaintiffs initiated two actions that were consolidated for trial. After trial, the trial court dismissed all of plaintiffs' claims with prejudice, and plaintiffs appeal. In one action, plaintiffs seek a writ of review, ORS 34.010 through 34.102, on the ground that the Bend-LaPine School District's (the district) actions violated Chris's rights under Article I, section 8, of the Oregon Constitution, and the First and Fourteenth Amendments to the United States Constitution. In the other, they request declaratory and injunctive relief under ORS 28.010 through 28.160, on the ground that defendants' actions violated Chris's rights under Article I, section 8, of the Oregon Constitution, and relief under 42 USC section 1983 for violations of Chris's First and Fourteenth Amendment Rights. On appeal, plaintiffs argue that the publication was protected expression, and they request as relief that the decision to discipline Chris be expunged from his school records. We remand for entry of a judgment that dismisses the state law claims for lack of jurisdiction and otherwise affirm.
During the 1996-97 school year, Chris was a junior at Mountain View High School in the Bend-LaPine School District. He and other individuals wrote articles included in a publication entitled OUTSIDE! Chris distributed copies of the publication to other students at the high school. The publication was distributed on school grounds without the authorization of school authorities. One article written by Chris included a list of acts that he "would like to see happen at school... to the people who 'run' it." The list described, in part, " eed snake bite antidote or Visine to someone[,]" as well as " lowing things up" and "bomb threats." Another article included a list of the names, addresses and telephone numbers of the teachers of the high school.
After Chris distributed OUTSIDE! in late April 1997, Holmberg conducted an investigation, and a disciplinary hearing was scheduled. Chris was suspended from attending school pending the hearing. A hearings officer conducted a fact-finding hearing on May 6, 1997. He found that Chris admitted to writing parts of OUTSIDE!, to helping put OUTSIDE! together, and "to the distribution of copies of * * * OUTSIDE! at school." He also recommended that Chris be expelled from the high school through the first semester of the 1997-98 school year. He also proposed that Chris be allowed to re-enter the high school at the beginning of the 1997-98 school year if a plan of administrative probation could be developed that was acceptable to plaintiffs and the school administration. Thereafter, Frickey sent plaintiffs and Chris a letter dated May 12, 1997, that provided, in part:
"Based on the findings and recommended discipline from Christopher's hearing of May 6, 1997, he is hereby expelled through the first semester of the 1997-98 school year. * * *
"* * * * *
"The administration at Mountain View High School further offers that Christopher be allowed to re-enroll at Mountain View, on probation, at the beginning of the 1997-98 school year (September 2, 1997). The Plan of Administrative Probation shall be developed by the Mountain View High administration and would need to be agr
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