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FAIRFAX COUNTY SCHOOL BOARD v. S.C. BY COLE

Record No. 180497.

827 S.E.2d 592 (2019)

FAIRFAX COUNTY SCHOOL BOARD v. S.C., BY Her Next Friend, Faren COLE

Supreme Court of Virginia.

May 30, 2019.

Attorney(s) appearing for the Case

Stuart A. Raphael ( John F. Cafferky ; Wesley D. Allen , Fairfax; David M. Parker , Harrisonburg; Blankingship & Keith; Hunton Andrews Kurth , on briefs), for appellant.

Melinda L. VanLowe , Fairfax, for appellee.

Amicus Curiae: Virginia School Boards Association ( Erin B. Ashwell ; Michael Gardner ; Charles J. Dickenson , Roanoke; Woods Rogers, on brief), in support of appellant.

PRESENT: Lemons, C.J., Mims, McClanahan, Powell, Kelsey, and McCullough, JJ., and Russell, S.J.

The Fairfax County School Board disciplined S.C., a high-school student, for non-consensual, sexual touching of three students at school. S.C. appealed to the circuit court and sought a judicial vacatur of the School Board's decision. Finding that the School Board's decision was arbitrary in violation of S.C...

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