Henry Cnty. Bd. of Educ. v. S. G.

Following a hearing, the Henry County Board of Education the Local Board expelled S. G. from a county high school for fighting on school grounds in violation of the student handbook. The State Board of Education the State Board affirmed the Local Board’s ruling, but the superior court reversed, finding that S. G. was justified in using force because she acted in self-defense. We granted the Local Board’s application for discretionary review, and on appeal, the Local Board argues that the superior court failed to apply the proper standard of review and erred by substituting its judgment for that of the Local Board. We affirm the superior court’s ruling because the Local Board abused its discretion by failing properly to apply self-defense standards when expelling S. G. for fighting on school grounds.

On appeal from the superior court’s review of a local board’s student disciplinary action, we must view the record in the light most favorable to the Local Board’s decision. See C.P.R. v. Henry County Bd. of Educ., 329 Ga. App. 57, 59 763 SE2d 725 2014. So viewed, the record shows that S. G. was a student at Locust Grove High School, where her mother was an employee. At the end of a school day in January 2014, S. G. went to her mother’s vehicle and, as she was walking back towards the school, she and another student had a verbal confrontation. A video recording shows the other student following S. G. until S. G. stopped at a brick pillar near the building’s entry. S. G. and the other student continued to argue. The other student briefly stepped towards S. G. and came very close to touching S. G. before stepping back. S. G. then punched the other student, grabbed the student, and took the student to the ground. Once on the ground, S. G. sat astride the student and punched her until S. G. was pulled off by her mother. The other student then got off the ground and again moved towards S. G.; S. G. again threw the student to the ground, sat on top of her, and remained over her for more than 15 seconds before being pulled off a final time. Following the fight, the School Resource Officer SRO charged S. G. with an unspecified misdemeanor.1