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Examples Of Substantive Due Process

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Examples Of Substantive Due Process
Courts allowing substantive due process claims in connection with corporal punishment have found the threshold for recovery for the violation of a student’s rights to be high. Minor pain, embarrassment, and hurt feelings do not rise to this level; actions must literally be ‘shocking to the conscience.” Disciplinary actions that have not risen to this level include requiring a ten-year-old boy to clean out a stopped-up toilet with his bare hands, physically and abusively restraining a student with disabilities in multiple incidents, shoving a student’s head into a trash can; and shaking, screaming and spitting on football players. In contrast, substantive due process rights were implicated when conscience-shocking behavior involved a coach
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