Dunn v. Fairfield Community High School District No. 225

Shaun Dunn and Bill McCullough (plaintiffs) were students at Fairfield Community High School (school) (defendant) and played guitar in the high school band program. The school prohibited band members from departing from the planned musical program during performances. During a band performance, Dunn and McCullough played two unauthorized guitar pieces. The two students were disciplined by the school administration and removed from the class. Due to their early removal, both students received failing grades on their transcripts. Dunn and McCullough filed suit in federal district court on constitutional grounds. Both parties agreed that Dunn and McCullough had violated a school rule, that the rule was designed to preserve classroom discipline, and that preservation of classroom discipline was a legitimate interest for the school. However, the students claimed that the school administration violated their substantive due-process rights by removing them from the band class with the knowledge that expulsion would lead to a failing grade. The students asserted an executive violation on the part of the administration and a legislative violation on the part of the school’s written disciplinary policies. The district court granted summary judgment in favor of the school, and Dunn and McCullough appealed to the United States Court of Appeals for the Seventh Circuit.