Policy Topic #2: Zero Tolerance Policies

Introduction:

When a parent tells their child not to do something or else they will be punished, the punishment must be carried out if a parent is to be believed and the negative behavior is to be prevented from occurring again. In schools, policies that dictate that "offense X will receive consequence Y" should be followed to the letter in order for the student to understand that rules are to be followed and if broken, consequences will be imposed. We live in a society full of people who make mistakes, suffer the consequences and as a result learn valuable lessons that will hopefully help them to not repeat the mistakes they have made.

However, the concept of zero tolerance appears to allow very little, if any, room for compromise. Part of a teacher's role is to not only educate students but to serve as role models and help them learn from their mistakes. Some may view the concept of zero tolerance as an extremely unforgiving policy that harms students more than it teaches them.

Zero Tolerance:

Zero tolerance as it applies to schools means just what implies: no second chance, misbehavior will be punished with no room for deal-making. Students may feel that this policy interferes with their right to due process. In procedural due process, if a person is to be deprived of life, liberty or property, a prescribed constitutional procedure must ensue. The person must be notified of the deprivation and be allowed to state their side, and the hearing must be conducted fairly. When a student is to be disciplined under a zero tolerance policy, they will most likely be deprived of some freedom (liberty) that they would normally be free to exercise. In this respect, a student may demand to be heard and have a fair hearing. This request may seem to diminish the control and effect of a zero tolerance policy. I believe that perhaps this issue is not one of constitutional rights but one of a local school district's authority and duty to maintain order.

Some students may believe that their right to privacy as a substantive aspect of due process is violated by the imposition of a zero tolerance policy. For example, if a student is caught dealing drugs on non-school property or is involved in a fight at a function outside of school grounds, is this policy applicable since they are not under the "direct supervision" of the school? In Nicholas B. v. School Committee, a student was expelled for committing a battery off school property and beyond the regular hours of the school day. The court found for the school, stating that imposing discipline off school grounds was not arbitrary or capricious.

Unfortunately, in the wake of heightened awareness of violence in schools and a more liberal atmosphere in the classroom, zero tolerance policies might be a mere attempt to find a quick fix to some very serious problems. I agree that there needs to be an effective strategy for punishing and preventing violence and discipline problems in the schools, but I'm not so sure that the zero tolerance concept is the answer the country will accept as a whole. It is ironic that with the existence of non tolerance between some groups of people even today that schools would deem a concept called "zero" tolerance a good thing. It seems a bit hypocritical.

Conclusion:

It seems that in this country the violence in schools has scared educators to demand a stricter policy in dealing with disciplinary problems. Zero tolerance seems to be an almost unforgiving imposition of punishment without allowing students a chance to remedy their situation. Unfortunately, I think that our society has paved the way to welcome policies such as these because of the increasing severity of the nature of the misbehavior. How did we go from no gum to no guns? Evolution of leniency has helped to increase the increase in seriousness of offenses which has, in turn, lead to the belief that a less lenient policy will solve the problems. I believe that a combination of "low tolerance" and high reparations by students would be a more useful concept.