United States Court decisions indicate that students must be granted their due process rights before they are denied the right to attend public school. Among the due process rights of students is the right to a fair hearing prior to a suspension, expulsion, or other penalty. There will be a hearing with a school administrator prior to suspension. Any student may request a meeting with the Hearing Committee by notifying the Principal or Hearing Office whenever he/she feels his/her rights have been violated.
Whereas the law states that the administrator conducts the first hearing, the Mount Desert Regional School Committee and the administration have established a Hearing Committee to review cases and to make recommendations to the administration. The Committee's and student's rights and responsibilities are outlined below:
Membership
1. The Hearing Committee shall consist of the following: Hearing Officer who will be a faculty member appointed by the Assistant Principal, 1 Guidance Counselor, a minimum of 5 staff member and a minimum of 5 students.
2. The Hearing Committee shall be chaired by the Hearing Officer. In case of absence, the chair shall appoint a replacement. The Hearing Committee records shall be kept in the Dean of Student's Office.
3. A minimum of five staff members shall be elected by the faculty for a term of one year.
4. A minimum of five students shall be elected by the students for a term of up to two years by the following procedure: a student candidate shall circulate his/her petition to the faculty and administration for 15 signatures supporting his/her nomination. Each member of the faculty and administration may sign a total of five different student nomination petitions. Alternatively, a student may circulate his/her nomination petition among the student body at large for 40 signatures. Each student may sign a total of five petitions. Elections shall be held by the end of the last week in September each year by written ballot. The five students receiving the most votes shall be the five delegates to the Hearing Committee.
5. The Guidance Department shall designate one of its members to serve on the Hearing Committee for a term of one year.
6. Any vacancy occurring shall be filled by the alternate to the Committee. The Hearing Committee shall then appoint an interim member to fill the alternate's position for the remainder of the unexpired term. The interim member shall be chosen from the same constituency in whose representation the vacancy occurred.
7. A quorum for the conduct of business shall consist of at least five members including two students, one member of the staff, one guidance counselor or his/her substitute and the Hearing Officer. There will be a maximum of 3 students and 3 staff members/guidance counselors (not including the Hearing Officer) as voting members.
Voting
1. The Hearing Officer shall vote only in case of a tie. No committee member shall abstain from voting. All decisions shall be by simple majority vote of those present and voting.
2. Any Hearing Committee member directly involved in the incident(s) under discussion shall not participate in the Hearing Committee on that specific case unless called as a witness. The alternate member from the constituency shall fill the vacancy for deliberations of the case in question.
Procedure
1. The Dean of Students will notify the Hearing Officer when a case warrants a convening of the Hearing Committee. The Dean of Students shall call the committee to meet on the next Wednesday that school is in session. The Dean of Students shall also notify the parents or guardians and students of the infraction, their right to a hearing, and the time, date and place of that hearing.
2. The student, the Dean of Students, and any school personnel involved in the incident shall appear before the Hearing Committee. The parents or guardians of the student involved may attend. The Hearing Committee may call any material witness it deems necessary or desirable. The Hearing Committee shall have the right to conduct proceedings in executive session, if it so desires.
3. After the hearing, the Committee will make recommendations to the Dean of Students. These are:
a) The student to be reinstated with no additional consequences.
b) The student will be offered an opportunity to engage in a Restorative Approach
c) The student will be suspended or continue a suspension.
d) The case be referred to the Superintendent of Schools.
e) Friday and/or Saturday detentions may be assigned.
f) Counseling to be scheduled through the Guidance Department.
g) That special recommendation can be made which would not necessarily include the above.
4. The recommendation of the Hearing Committee shall be given to the Dean of Students. The Dean of Students shall give the recommendation due consideration, but shall not be bound by it.