In some cases zero-tolerance is marketing but in others it's not. Take disciplinary action for example. Very few schools have the same rate of expulsion/susp

In some cases zero-tolerance is marketing but in others it's not. Take disciplinary action for example. Very few schools have the same rate of expulsion/suspension for students of all races. How do schools prove to a jury that this is not a result of discrimination or racism? Quite difficult unless they have a zero-tolerance policy.