OAG 40-31.

Case DateAugust 09, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-31. 37OPINION NO. 40-31[20 Or. Op. Atty. Gen. 37]Responsibility of school boards for suppression of secret societies in public schools is limited to suspension or expelling of members from school when, in the discretion of such boards, their membership and activities in such societies are detrimental and have some connection or relation to school activities.August 9, 1940.Hon. Rex Putnam,Superintendent of Public Instruction. Dear Sir: You have requested my opinion on the interpretation to be placed on sections 35-3504 and 35-3505, Oregon Code 1930, relating to secret societies in public schools, and particularly as to where responsibility rests for the suppression of such societies when they meet out of school hours and off school premises and were organized out of school hours and off school premises. Section 35-3504, Oregon Code 1930, declares secret societies of every kind and character which may exist among the pupils of any of the public schools of the state to be unlawful.38Section 35-3505 makes it the duty of each school board within the state to examine, from time to time, into the conditions of all schools under its charge and to suppress all secret societies therein, and for this purpose such boards are authorized to suspend or expel from school, in their discretion, all pupils who engage in the organization or maintenance of such societies.38It is my opinion that the responsibility of school boards applies only to the suppression of such societies when they exist among the pupils of the schools, by suspending and expelling from school pupils who engage in the organization or maintenance of such societies, whether such activities are conducted at school or after school hours, at home, or elsewhere, but that the board cannot be held responsible for the suppression of such societies where they meet entirely out of school hours, off school premises, except to the extent of suspending or expelling students who engage in the organization or maintenance thereof.
Waugh v. University of Mississippi, 237 U. S. 589; 59 L. Ed. 1131.
Wayland v. United States,
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