While Wynar was being detained at a Detention Center, the DHS administrators suspended him from school. Wynar claims his due process rights were violated after receiving a temporary ten-day suspension without a formal administrative hearing. (Wynar vs. Douglas Cnty. Sch. Dist., 2013). Nevada law provides a student shall not be suspended from school or expelled from the School District unless the student has been given notice and an opportunity to defend him/herself before an Administrative Review Board (ARB). (Nev. Rev. Stat. §392.467(2)). After Wynar was detained by law enforcement, DHS Principal Marty Swisher and Vice Principal David Pyle visited Wynar at the Detention Center to inform him that he would be suspended from for ten days because he had violated the School District’s Violence Policy. He was also informed he had a right to defend himself before an ARB with the presence of a parent, but he denied his right. Wynar also understood he could receive additional disciplinary actions from the School District pending the ARB. The Court held Wynar received sufficient notification of his rights and denied the Due Process
While Wynar was being detained at a Detention Center, the DHS administrators suspended him from school. Wynar claims his due process rights were violated after receiving a temporary ten-day suspension without a formal administrative hearing. (Wynar vs. Douglas Cnty. Sch. Dist., 2013). Nevada law provides a student shall not be suspended from school or expelled from the School District unless the student has been given notice and an opportunity to defend him/herself before an Administrative Review Board (ARB). (Nev. Rev. Stat. §392.467(2)). After Wynar was detained by law enforcement, DHS Principal Marty Swisher and Vice Principal David Pyle visited Wynar at the Detention Center to inform him that he would be suspended from for ten days because he had violated the School District’s Violence Policy. He was also informed he had a right to defend himself before an ARB with the presence of a parent, but he denied his right. Wynar also understood he could receive additional disciplinary actions from the School District pending the ARB. The Court held Wynar received sufficient notification of his rights and denied the Due Process