Was the discrimination based on race, gender, religion, or national origin?
As with all actions taken by schools, they cannot impose discipline in a discriminatory manner. This can most clearly occur when students of one race are generally punished for a particular type of conduct but students of another race are not. However, proving that discipline is discriminatory can often be difficult. Courts will rarely infer discrimination simply because one white student was not punished for something whereas one African American student was not. Instead, courts will often require a pattern of such unequal treatment to be sure that discrimination is the cause rather than some other random cause. However, if there are particular factors, such as comments made by teachers or a particular history of harsh treatment toward a single students, evidence of a pattern may not be required. Although proving a particular act of discipline is discriminatory, it can be easier to prove that a policy is discriminatory. For instance, if a school enacts a dress code or hair policy that
