A. Definitions

1. Principal

For purposes of this policy, principal includes the principal and the principal’s designee.

2. Long-Term Suspension

A long-term suspension is the disciplinary exclusion of a student from attending school for more than 10 school days. Disciplinary reassignment of a student to a full-time educational program that meets the academic requirements of the standard course of study established by the State Board of Education and that provides the student with the opportunity to make timely progress toward graduation and grade promotion is not a long-term suspension requiring the due process procedures set out in this policy, nor is an absence under N.C.G.S. §130A-440 (for failure to submit a school health assessment form within 30 days of entering school).

If a principal is considering a suspension of greater than 10 days, the principal and the Dean shall consult with the Office of General Counsel before making a recommendation to impose or imposing such a suspension.

Upon the recommendation of the principal, the Dean’s designee may impose a long-term suspension on a student who willfully engages in a serious violation of the Code of Student Conduct and the violation either (1) threatens the safety of students, staff, or school visitors, or (2) threatens to substantially disrupt the educational environment. The principal may recommend long-term suspension for a minor violation if aggravating circumstances justify treating the student’s behavior as a serious violation.

If the offense leading to the long-term suspension occurred before the final quarter of the school year, the exclusion must be no longer than the remainder of the school year in which the offense was committed. If the offense leading to the long-term suspension occurred during the final quarter of the school year, the exclusion may include a period up to the remainder of the school year in which the offense was committed and the first semester of the following school year.

3. 365-Day Suspension

A 365-day suspension is the disciplinary exclusion of a student from attending school for 365 calendar days. The Dean’s designee may impose a 365-day suspension for certain firearm and destructive device violations, as identified in policy 4333, Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety.

4. Expulsion

An expulsion is the indefinite exclusion of a student from school enrollment for disciplinary purposes. The Dean’s designee may expel a student who is 14 years of age or older for certain types of misbehavior as provided in policy 4325, Drugs and Alcohol, policy 4330, Theft, Trespass, and Damage to Property, policy 4331, Assaults, Threats, and Harassment, and policy 4333, Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety, if the student’s continued presence in school constitutes a clear threat to the safety of other students or employees. Additionally, a student who is subject to N.C.G.S. §14-208.18 may be expelled if the student’s continued presence in school constitutes a clear threat to the safety of other students or employees. During the expulsion, the student is not entitled to be present on educational property and is not considered a student of the school.

B. Determination of Appropriate Consequence

1. Principal’s Recommendation

The principal may impose a short-term suspension or any other consequence that is consistent with policy 4351, Short-Term Suspension, policy 4302, School Plan for Management of Student Behavior, and the Code of Student Conduct. If the principal determines that a suspension of more than 10 days (either long-term or 365-day) or an expulsion is an appropriate consequence, the principal shall propose the disciplinary penalty based upon a review of the student’s culpability and dangerousness and the harm caused by the student, plus any other mitigating or aggravating factors the principal finds relevant. 

a. Culpability of Student – In assessing the culpability of the student for his or her behavior, the principal may consider criteria such as:

1) the student’s age;

2) the student’s ability to form the intent to cause the harm that occurred or could have occurred; and

3) evidence of the student’s intent when engaging in the conduct.

b. Dangerousness of the Student – In assessing the dangerousness of the student, the principal may consider criteria such as:

1) the student’s disciplinary or criminal record related to anti-social behavior or drugs and alcohol;

2) whether a weapon was involved in the incident and if a weapon was involved, whether the student had the ability to inflict serious injury or death with the weapon;

3) evidence of the student’s ability to cause the harm that was intended or that occurred; and

4) whether the student is subject to policy 4260, Student Sex Offenders.

c. Harm Caused by the Student – In assessing the severity of the harm caused by the student, the principal may consider criteria such as whether any of the following occurred:

1) someone was physically injured or killed;

2) someone was directly threatened or property was extorted through the use of a weapon;

3) someone was directly harmed, either emotionally or psychologically;

4) educational property or others’ personal property was damaged; or

5) students, school employees, or parents were aware of the presence of a weapon or of dangerous behavior on the part of the perpetrator.

After considering the above factors, the principal shall make a recommendation to the Dean’s designee, stating the nature of the offense, the substance of the evidence involved, and the length of suspension recommended. The principal also must consider and make a recommendation as to whether any counseling or other programs should be part of the consequence for violating DCVPA policy, the Code of Student Conduct, school standards, or school rules.

If the principal recommends a 365-day suspension, he or she must identify the type of firearm or destructive device involved and the evidence substantiating that the student brought it to school grounds or to a school activity or possessed it on school grounds or at a school activity.

If the principal recommends an expulsion, he or she shall identify the basis for determining that there is clear and convincing evidence that the student’s continued presence in school constitutes a clear threat to the safety of other students or employees.

2. Notice to the Student’s Parent

The principal must provide to the student’s parent written notice of the recommendation for long-term suspension, 365-day suspension, or expulsion by the end of the workday during which the long-term suspension or expulsion is recommended when reasonably possible or as soon thereafter as practicable. The notice must be written in plain English and, when appropriate language resources are readily available, also in the parent’s native language. The notice must contain the following ten elements:

a. the notice type, i.e., notice of long-term suspension, 365-day suspension, or expulsion;*

b. a description of the incident and the student’s conduct that led to the recommendation;

c. the specific provision(s) of the Code of Student Conduct that the student allegedly violated;

d. the specific process by which the parent may request a hearing to contest the decision and the deadline for making the request;*

e. the process by which the hearing will be held, including all due process rights to be accorded the student during the hearing;

f. notice of the right to retain an attorney to represent the student in the hearing process;

g. notice that an advocate, instead of an attorney, may accompany the student to assist in the presentation of the appeal;

h. notice of the right to review and obtain copies of the student’s educational records prior to the hearing;

i. a reference to policy 4345, Student Discipline Records, regarding the expungement of disciplinary records; and

j. the identity and phone number of a school employee whom the parent may call to obtain assistance in receiving a Spanish translation of the English language information included in the document.*

*This information must be provided on the notice in both English and Spanish.

3. Dean’s Designee’s Decision

The student or student’s parent may request a hearing before the Dean’s Designee within three days of receiving notice from the principal of the recommendation for long-term suspension, 365-day suspension, or expulsion. Any hearing held will follow the hearing procedures outlined in Section A of policy 4370, Student Discipline Hearing Procedures. A decision will be rendered before the long-term suspension is imposed.

If the student or parent makes a timely request for a hearing, the Dean’s designee shall confirm that the charges against the student, if substantiated, could warrant the recommended disciplinary action and shall give the student and parent reasonable notice of the time and place of the hearing.

If neither the student nor the parent appears for a scheduled hearing after being given reasonable notice of the time and place of the hearing, the student and parent are deemed to have waived the right to a hearing.

If the student and parent fail to make a timely request for a hearing or if they waive the right to a hearing by failing to appear for a duly scheduled hearing, the Dean’s designee shall review the circumstances of the recommended long-term suspension. Following this review, the Dean’s designee (1) may impose the long-term or 365-day suspension if it is consistent with school policies and appropriate under the circumstances, (2) may impose another appropriate penalty authorized by DCVPA policy, or (3) may decline to impose any penalty.

If the student or parent requests a postponement of the hearing, or if the request for the hearing is untimely, the hearing will be scheduled, but the student does not have the right to return to school pending the hearing.

Based on preponderance of evidence presented at the hearing, the Dean’s designee shall decide whether to uphold, modify, or reject the principal’s recommendation. The Dean’s designee shall immediately inform the principal of the decision regarding the recommended disciplinary penalty of a long-term or 365-day suspension and, when applicable, of any modifications to the penalty recommended by the principal.

The Dean’s designee shall send notice of the decision via certified mail to the student and parent. The notice must include:

a. the basis of the decision, with reference to any policies or rules that the student violated;

b. notice of what information will be included in the student’s official record pursuant to G.S. 115C-402;

c. notice of the student’s right to appeal the decision and the procedures for such appeal;

d. if the decision is to suspend the student for 365 days, notice of the student’s right to petition the school for readmission under G.S. 115C-390.12; and

e. if applicable, notice that the Dean’s designee has decided that the student be expelled and any required notifications related to the expulsion if the student did not already receive such notice from the principal or designee.

Following issuance of the decision, the Dean’s designee shall implement the decision by authorizing the student’s return to school upon the completion of any short-term suspension or by imposing the suspension reflected in the decision.

If the Dean’s designee determines that expulsion is appropriate, the Dean’s designee shall submit to the Dean a recommendation and the basis for the recommendation along with any proposal for alternative education services.

4. Hearings Before the Dean

a. Long-Term or 365-Day Suspensions

A student or his or her parent may appeal an imposed long-term or 365-day suspension. The student or parent must appeal to the Dean in writing within three days of receiving the Dean’s designee’s decision. The Dean’s designee shall inform the Dean of the request for an appeal and shall arrange in a timely manner a hearing before the Dean. The suspension need not be postponed pending the outcome of the appeal. The hearing will be conducted pursuant to Section B of policy 4370, Student Discipline Hearing Procedures. The Dean will provide to the student and parent and to the Dean’s designee written notice of its decision not more than 30 calendar days after receiving the appeal. 

b. Expulsions

The student or parent may request a hearing within five days of receiving notice of the Dean’s designee’s recommendation that the student be expelled. The hearing will be scheduled with the Dean within five days of the Dean’s designee’s receipt of the hearing request. The Dean’s designee shall notify the student and parent of the date, time, and place of the hearing. Any appeal of a long-term or 365-day suspension will be addressed in the same hearing. The hearing will be conducted pursuant to Section B of policy 4370.

If a hearing is not requested by the student or parent, the Dean’s designee shall submit written evidence to support his or her recommendation to the Dean. The Dean may elect to request a hearing or to request additional records and documents.

When the Dean decides to expel a student, the Dean will document the basis for its determination that there is clear and convincing evidence that the student’s behavior indicates that the student’s continued presence in school constitutes a clear threat to the safety of other students or employees. DCVPA will work with other agencies and school districts to help the student and parent identify other types of services and educational opportunities that may be of assistance to the student. The Dean will send via certified mail to the student’s parent a copy of the decision, notification of what information will be included in the student’s official record, the procedure for expungement of this information under G.S. 115C-402, and notice of the right to petition for readmission pursuant to G.S. 115C-390.12.

C. Educational Services for Students with Disabilities During Long-Term Suspension, 365-Day Suspension or Expulsion

Students with disabilities recognized by the Individuals with Disabilities Education Act will receive educational services during periods of suspension or expulsion to the extent required by Policies Governing Services for Children with Disabilities and state and federal law.

Issued: July 12, 2018