The #MeToo Era, Public School Disciplinary Hearings and Procedural Due Process: Fairfax County Schoo

The Virginia Supreme Court recently decided Fairfax County School Board v. S.C., 2019 Va. LEXIS 49 (Record No. 180497, May 30, 2019). The unanimous decision resulted from judicial review of the Fairfax County School Board’s (“Board”) disposition of a complaint against S.C. by three female high school students. See Va. Code §22.1-87. Justice D. Arthur Kelsey wrote the Court’s opinion. The students alleged that “S.C.,” a fellow student, non-consensually touched their private parts while at school. The Board upheld the decision of two superintendent-appointed hearing officers to impose discipline on S.C. for a violation of the school district’s Student’s Rights and Responsibilities policy (

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