A new 7th Circuit appellate decision, Manley v. Hinsdale Township High School District #86, denied a school board member’s suit against its school district, which was investigating the board member for violating its own board policy. The investigation was spurred after the school board member got into a verbal altercation with a student, who was leafletting for the school board member’s election opponent outside of a high school play. The student alleged that the board member bullied her during the altercation, and a bullying investigation ensued. The board member then sued the school district, arguing that the investigation violated her Constitutional rights of 1) a feeling of fair-dealing on the part of government, 2) mental and emotional well-being, and 3) entitlement to processes mandated by the State and the District. Both the federal and appellate courts denied the board member’s claims, indicating that none of the three interests cited were Constitutionally protected, and stated that, “American politics is not for the thin-skinned, even or perhaps, especially, at the local level.” The decision also serves as a reminder that school board members, like district employees and agents, are also subject to complaints of improper conduct toward students under various board policies.
June 2019
