Replies

From the case of Seal v. Morgan:

DUSTIN W. SEAL, Plaintiff-Appellee, v. ALLEN MORGAN, Superintendent, Knox County School (99-5090/5600); KNOX COUNTY BOARD OF EDUCATION (99-5600), Defendants-Appellants, VICKI DUNAWAY, Principal, Powell High School, et al., Defendants.

Nos. 99-5090/99-5600

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

229 F.3d 567; 2000 U.S. App. LEXIS 24939; 2000 FED App. 0358P (6th Cir.)

" Nevertheless, the Board may not absolve itself of its obligation, legal and moral, to determine whether students intentionally committed the acts for which their expulsions are sought by hiding behind a Zero Tolerance Policy that purports to make the students' knowledge a non-issue. We are also not impressed by the Board's argument that if it did not apply its Zero Tolerance Policy ruthlessly, and without regard for whether students accused of possessing a forbidden object knowingly possessed the object, this would send an inconsistent message to its students. Consistency is not a substitute for rationality. [*582] "