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Constitutional Law • Procedural Due Process
CONLAW#092
Legal Definition
No due process required.
Plain English Explanation
Corporal punishment involves physically punishing a student, like paddling or spanking. Schools are allowed to use reasonable corporal punishment on students without having to provide notice, a hearing, or any other due process protections. The law gives schools a lot of leeway to impose physical discipline as they see fit. This may seem crazy, and more than half of the states have banned corporal punishment, but from a Constitutional Law standpoint, it's fair game.
Hypothetical
Hypo 1: Bob, a high school teacher, decides to use corporal punishment on Timmy for repeatedly talking back in class. Timmy's parents find out and question the school's decision. Result: The rule applies here. The school does not need to conduct a formal hearing or procedure before Bob's decision to use corporal punishment on Timmy, based on the school's policy. Note that this doesn't necessarily mean that Timmy and his parents can't pursue a tort claim against Bob or the school for excessive harm, just that there is no infringement on Constitutional rights related to Bob's decision to turning Timmy's cheeks pink.
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