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By John Higgins
Beacon Journal staff writer
POSTED: 10:08 p.m. EST, Nov 18, 2008
A state appeals court has ruled that the Kent School Board improperly suspended a Chinese honor student for five days last year, reversing a Portage County Common Pleas Court decision that upheld the suspension.
The Kent Roosevelt High School student, Shi ''Carl'' Huang, is a Chinese national in the United States on a student visa. He was a straight-A student and a master violinist until an incident involving a test in his advanced placement biology class blighted his record.
School officials confronted Huang last year about his score on a biology test. Huang admitted getting access to a bank of potential test questions through the Internet by guessing the correct password, according to the appellate court's opinion.
Students the previous semester had been given access to the test bank and allowed to study from possible test questions, but the teacher changed the rules for the following semester and changed the password to the bank, according to the opinion.
Huang, whose family sued the district last year, has said that his only intent was to study for the test by reviewing possible test questions. He served the five days nevertheless, according to his lawsuit.
However, the school board asked Kent State University police to conduct a criminal investigation into the unauthorized use of the school's computer, according to the suit. Huang faced felony charges in juvenile court that could have led to his deportation if convicted.
No deportation
Huang's attorney, George Cochran, said on Tuesday that the juvenile charges were resolved without triggering deportation and Huang and his parents, who were in the United States on work visas, remain in the country.
Huang attends Ohio State University after being turned down by Ivy League schools such as Harvard, Cochran said.
The school board heard an appeal of the suspension last year and concluded the discipline was justified. Huang's family then appealed to Portage County Common Pleas Court.
The Huangs asked the court for the chance to present more evidence and cross-examine witnesses to supplement the record of the board's hearing because the board did not provide the Huangs with conclusions of fact in upholding the suspension, as required by state statute.
The board admitted that it had failed to file conclusions of fact, but argued that ''their conclusions could be gleaned from the record by reviewing it in its entirety,'' according to the appellate ruling.
Request denied
The lower court denied the Huangs' request for an evidentiary hearing and ruled that the school board had complied with the legal requirements.
The Huangs then appealed to the 11th District Court of Appeals, which ruled in their favor.
''In short, there is no question that Carl violated school rules by breaking into the test bank, and we do not condone such behavior by reversing the trial court's affirmance of the board's suspension,'' the appellate court's opinion said. ''Carl, however, still deserved an opportunity to present additional evidence.''
Other elements of the lawsuit the Huangs filed against the school district can now move forward, absent an appeal to the Ohio Supreme Court, Cochran said.
In addition to monetary damages, the suit seeks to remove the record of Huang's suspension, eliminate the failing biology grade from his transcript, restore his class rank (third at the time) and resend midyear transcripts to colleges.
John Higgins can be reached at 330-996-3792 or jhiggins@thebeaconjournal.com.
A state appeals court has ruled that the Kent School Board improperly suspended a Chinese honor student for five days last year, reversing a Portage County Common Pleas Court decision that upheld the suspension.
The Kent Roosevelt High School student, Shi ''Carl'' Huang, is a Chinese national in the United States on a student visa. He was a straight-A student and a master violinist until an incident involving a test in his advanced placement biology class blighted his record.
School officials confronted Huang last year about his score on a biology test. Huang admitted getting access to a bank of potential test questions through the Internet by guessing the correct password, according to the appellate court's opinion.
Students the previous semester had been given access to the test bank and allowed to study from possible test questions, but the teacher changed the rules for the following semester and changed the password to the bank, according to the opinion.
Huang, whose family sued the district last year, has said that his only intent was to study for the test by reviewing possible test questions. He served the five days nevertheless, according to his lawsuit.
However, the school board asked Kent State University police to conduct a criminal investigation into the unauthorized use of the school's computer, according to the suit. Huang faced felony charges in juvenile court that could have led to his deportation if convicted.
No deportation
Huang's attorney, George Cochran, said on Tuesday that the juvenile charges were resolved without triggering deportation and Huang and his parents, who were in the United States on work visas, remain in the country.
Huang attends Ohio State University after being turned down by Ivy League schools such as Harvard, Cochran said.
The school board heard an appeal of the suspension last year and concluded the discipline was justified. Huang's family then appealed to Portage County Common Pleas Court.
The Huangs asked the court for the chance to present more evidence and cross-examine witnesses to supplement the record of the board's hearing because the board did not provide the Huangs with conclusions of fact in upholding the suspension, as required by state statute.
The board admitted that it had failed to file conclusions of fact, but argued that ''their conclusions could be gleaned from the record by reviewing it in its entirety,'' according to the appellate ruling.
Request denied
The lower court denied the Huangs' request for an evidentiary hearing and ruled that the school board had complied with the legal requirements.
The Huangs then appealed to the 11th District Court of Appeals, which ruled in their favor.
''In short, there is no question that Carl violated school rules by breaking into the test bank, and we do not condone such behavior by reversing the trial court's affirmance of the board's suspension,'' the appellate court's opinion said. ''Carl, however, still deserved an opportunity to present additional evidence.''
Other elements of the lawsuit the Huangs filed against the school district can now move forward, absent an appeal to the Ohio Supreme Court, Cochran said.
In addition to monetary damages, the suit seeks to remove the record of Huang's suspension, eliminate the failing biology grade from his transcript, restore his class rank (third at the time) and resend midyear transcripts to colleges.
John Higgins can be reached at 330-996-3792 or jhiggins@thebeaconjournal.com.
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