an instrument for enforcing the entire disciplinary system. This is not enough to justify the specific requirement.
Nor is the fact that parents generally approve the enforcement of the code. The parents can employ their own parental authority in this respect.
To say that we find no interference with the educational process in this case does not mean that it can never be established. There was no adequate evidence offered in the hearing in this case to contradict this contention. However, upon such evidence being offered, courts have found the regulation a reasonable restraint upon the students' conduct to advance the educational process. See Olff v. East Side Union High School District, 445 F.2d 932, 939 [9th Cir., 1971], cert. den. 1972, 404 U.S. 1042, 92 S. Ct. 703, 30 L. Ed. 2d 736.
Thus, we cannot find from the evidence in this case "a particular pattern of student conduct (which) is disruptive of the education process", (see Gere, cit. supra, 453 F.2d p. 209), which justifies the regulation in question. In this finding the present case differs from Gere, supra, where actual disruption was disclosed by the evidence.
In view of the failure of the defendants to present sufficient evidence that the boys' hair regulation was necessary to prevent disruption to the educational process, the regulation must fall because it infringes upon the liberty of the affected students without due process of law contrary to the provisions of the Fourteenth Amendment to the Constitution of the United States.
No evidence of pecuniary damage was presented, and the evidence shows that certain of the plaintiffs or the class they represent failed to take any steps to mitigate the inconvenience or possible damage to themselves by temporary compliance with the contested regulation or by other actions available to them to resolve the controversy through proper application to the local school authorities or to the local courts before seeking a temporary restraining order in this court without adequate notice to defendants. For these reasons we deny monetary damages or costs to the prevailing parties.
This Opinion constitutes the findings of fact and conclusions of law of the court in this non-jury action.
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