Legal Question in Constitutional Law in Massachusetts

catholic schools

I will keep this short. My son was accused of selling drugs to people in his catholic school, which he did not do. He was told to withdraw or they would call the police and charge him. Since he did not do this and there is no evidence besides another student saying he did this and that is all, is there any case? They told us the constitution stops at their front door and they can do what they please, is this true? Please help with an answer. Thank you.


Asked on 12/03/07, 7:11 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: catholic schools

For the most part the constitution only limits what the government can do. A Catholic school is not part of the government and is not subject to the constitution. It is subject to the laws of your state, though, inlcuding laws governing schools generally. It is also subject to regular contract law. You thus may have a legal basis to fight the school's actions even if it isn't based upon the constitution.

At the same time, you should bear in mind that the testimony of the other student is evidence and may very well convince any authorities (from the school, the police. the courts, etc.) who hear it. You seem to think some sort of physical evidence is also necessary, but that is not so.

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Answered on 12/03/07, 7:37 pm


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