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Eastern District of North Carolina Federal Court Issues Temporary Restraining Order Requiring School District to Readmit Student

By Leander A. Dolphin on October 19, 2010
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A federal district court judge has issued a temporary restraining order (TRO) requiring school officials to readmit a student who had been suspended for wearing a nose stud that she says is part of her religion. The student is a member of the non-theistic Church of Body Modification. “Members of the church practice ancient and modem body modification rituals-including piercing, scarring, tattooing, and suspensions-through which they strengthen the connection between their bodies, minds, and souls.”

The student had been suspended under the school system’s ban on facial piercings except for those based on religious beliefs. The court held that the student would suffer irreparable harm in the form of a loss of her Free Exercise rights under the First Amendment without the TRO. The judge barred school officials from taking further disciplinary action against the student for her piercing. A hearing is scheduled for November 3, 2010. For more information please click here, and for the full decision please click here.

Photo of Leander A. Dolphin Leander A. Dolphin

Leander A. Dolphin is Co-Managing Partner of the firm.

Leander represents public school districts, independent schools, and colleges and universities in education and employment matters, including student discipline, special education disputes, disability-related matters, employee discipline and discharge, and investigations. In addition, she represents…

Leander A. Dolphin is Co-Managing Partner of the firm.

Leander represents public school districts, independent schools, and colleges and universities in education and employment matters, including student discipline, special education disputes, disability-related matters, employee discipline and discharge, and investigations. In addition, she represents clients in claims before the Commission on Human Rights and Opportunities and the Office of Civil Rights. Leander has conducted numerous professional development workshops for private and public sector clients on topics such as sexual harassment, bullying, special education, disability discrimination, and confidentiality issues.

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  • Posted in:
    Family
  • Blog:
    School Law
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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