The opinion of the court was delivered by: MUIR
Russell Davis, a student at the Central Dauphin East High School, filed this action pursuant to 42 U.S.C. § 1983 alleging that the Defendants violated his constitutional rights. On February 22 and 23, 1979, a hearing was held before the Court sitting without a jury on the application for preliminary and final injunctive relief. The following are the Court's findings of fact, discussion, and conclusions of law.
1. Central Dauphin School District is a school district in Dauphin County, Pennsylvania, in which there are two senior high schools with grades 10, 11 and 12 each.
2. Central Dauphin East High School is a high school within Central Dauphin School District and is a member of the Pennsylvania Interscholastic Athletic Association.
3. The Central Dauphin East High School Boys Interscholastic Basketball Team played its last regularly-scheduled game on February 16, 1979 for the 1978-1979 season.
4. The team was entitled to participate in post-season tournament play conducted by the Pennsylvania Interscholastic Athletic Association for determining the State champion basketball team.
5. Russell Davis, on January 30, 1979, was a member of the senior class of Central Dauphin East High School.
6. On January 30, 1979, Russell Davis was a member of the Varsity Interscholastic Basketball Team of Central Dauphin East High School. (Undisputed)
7. On January 30, 1979, Russell Davis played on the Central Dauphin East High School basketball team against the basketball team of Carlisle Area High School at Carlisle, Pennsylvania. (Undisputed)
8. Immediately after the conclusion of the game which was hotly contested, Russell Davis and Gregg Ludlam, who is also a member of the Central Dauphin East High School basketball team had a dispute in the locker room of the Central Dauphin East High School basketball team, resulting in one blow struck by Russell Davis on the jaw of Gregg Ludlam.
9. The blow caused a compound fracture of the jaw of Gregg Ludlam and his resultant hospitalization at Community General Osteopathic Hospital, Harrisburg, Pa.
10. On January 31, 1979, Dio K. Chamberlin, principal of Central Dauphin East High School, advised Russell Davis that he would be suspended from school attendance for a period of one to three days and it would be necessary for the mother of Russell Davis to come to the school for a conference. (Undisputed)
11. On January 31, 1979, the principal of Central Dauphin East High School, Dio K. Chamberlin, in company with the basketball coach Charles R. Harvey, and the faculty manager of athletics, John K. Brunner, interviewed several of the players who witnessed the incident and then had a conference with Russell Davis, the plaintiff, in connection with the incident. At the meeting, Davis was aware of the charge of conduct unbecoming an athlete which had been lodged against him and had ample opportunity to present his version of the incident.
12. After discussion with the faculty manager, the principal and coach decided to impose on Davis an indefinite suspension from the basketball team because of Davis's conduct which was unbecoming an athlete.
14. The Athletic Association Policy of the School District provides on page 4 in P 2 as follows:
2. If a student leaves a team or squad under the "dishonorable" conditions described below, he shall become ineligible in all sports for a period of 12 calendar months from the day of dismissal. This action shall be ...