A March 2025 federal appeals court decision highlights the importance of due process rights for students accused of misconduct. In the case of K.J. by & through Johnson v. Jackson, 127 F.4th 1239 (9th Cir. 2025), the court ruled that the school had violated the due process rights of a student who faced multiple disciplinary charges. Initially, the student was suspended for fighting, but the school extended the suspension due to an additional charge without providing further notice. This ruling underscores the critical need for due process in all student discipline matters, including those related to Title IX.

If you or your student faces school discipline, call the Lento Law Firm. We represent students accused of misconduct, including Title IX, nationwide. Call (888) 535-3686 or leave your details online, and we will contact you.

K.J. by and through Johnson v. Jackson Decision

The K.J. by and through Johnson v. Jackson decision came from the Ninth Circuit Court of Appeals after the trial court had effectively dismissed the suit. The student who filed the lawsuit had been suspended for fighting and had begun serving the suspension. The school extended the suspension on an additional charge of “causing injury to another person” without telling the student or giving him the opportunity to respond. The student sued the school for violating his due process rights. The trial court granted summary judgment, which means they threw the case out before hearing the merits.

The Ninth Circuit Court reversed, finding that the school had violated the students' due process rights to notice and the chance to respond to the second charge. The court also found that the notice to the student's parents was not sufficient to meet due process: the student himself must be given notice and an opportunity to respond and fight charges. The Ninth Circuit ruled that the student could seek both money damages and record expungement as remedies for the due process violation.

Why This Decision Is Important

The K.J. decision is important because it emphasizes the due process rights of students fighting all types of charges. These due process rights include notice and a meaningful opportunity to respond. This decision means that schools cannot add multiple charges or change the nature of existing charges without notice and hearing rights. Additionally, the due process rights belong to the student, and notice to the parents (according to the Ninth Circuit) is inadequate. Finally, the decision makes it clear that sovereign immunity (immunity of government, including public schools) does not prevent expungement of records in disciplinary cases. This means a student who has been disciplined can seek reversal of the discipline and removal of the record from his file.

If Your Due Process Rights Were Violated

If your due process rights were violated in a school discipline case, including a Title IX proceeding, the Lento Law Firm Student Defense Team can help. We are a premier student discipline defense firm representing students nationwide. We believe in our students' right to due process and have a proven track record of fighting for these rights. Call the Lento Law Firm at (888) 535-3686 to arrange a confidential consultation or leave your details online, and we will contact you.