Rigau v. DISTRICT SCH. BD. OF PASCO COUNTY
Docket: 2D05-6139
Court: District Court of Appeal of Florida; August 3, 2007; Florida; State Appellate Court
Roger V. Rigau appealed the suspension of his son, Roger Ryan Rigau, from high school for ten days, imposed by the District School Board of Pasco County. The appeal resulted in a reversal of the suspension due to a lack of adequate evidence and due process. The School Board's charge against Ryan was based on claims from two other students who alleged that Ryan was under the influence of alcohol during a school-related event at Grad Bash. However, the School Board's findings did not substantiate this claim, failing to mention any direct evidence of Ryan's alcohol consumption. Ryan provided unrebutted testimony that he had passed a sobriety test conducted by police prior to entering the event, and he voluntarily took a polygraph test, which he also passed. The evidence against him consisted solely of unsworn statements from unnamed individuals, which did not meet the requisite standard of competent substantial evidence necessary for such disciplinary actions. Citing the Supreme Court case Goss v. Lopez, the court highlighted that a ten-day suspension is not trivial and requires due process protections. The court emphasized that students, particularly those without legal representation, could face severe consequences from unsupported suspensions. Consequently, the court reversed the suspension and mandated the removal of any related records from Ryan's file. The ruling was supported by Judges Casanueva and LaRose.