A. Administrative Hearings

The rules set out below will govern hearings held by the Dean’s designee in assessing misbehavior and appropriate consequences. The purpose of the hearing will be to determine the facts relevant to the alleged misbehavior and the credibility of witnesses, based on the evidence presented at the hearing.

1. The hearing will be informal and conducted in private.

2. Prior to the hearing, the student and his or her parents and representative will have an opportunity to review any audio or video recordings of the incident and, consistent with federal and state student records laws and regulations, the information that may be presented as evidence against the student, including statements made by witnesses whose names are withheld in accordance with number 5, below.

3. The hearing must be attended by the Dean’s designee, the principal and/or assistant administrators and any persons the Dean’s designee deems necessary. The student has the right to be present at the hearing, to be accompanied by his or her parents and to be represented by an attorney or non-attorney advocate. Witnesses should be present only when providing information.

4. The school representatives have the burden of proving the misbehavior; the violation of DVCPA policy, the Code of Student Conduct, school standards or school rules; and the appropriateness of the recommended consequence for the violation.

5. The school representatives will present the witnesses and documentary evidence against the student first. School officials may withhold witness names or other identifying information if identification of a witness could threaten the witness's safety.

6. After the school representatives have presented their evidence, the student or his or her representative may present evidence relating to the alleged disciplinary infraction, the student's intent at the time of the incident, any mitigating or aggravating factors involved, the disciplinary and academic history of the student and the potential benefits to the student of alternatives to suspension. Such evidence may include oral testimony by the student or witnesses, written statements and other documents.

7. Both the school representatives and the student or his or her parent or representative may examine the witnesses presented by the other side. The Dean’s designee has the authority to limit questioning by any person if the questioning is unproductive, unnecessarily lengthy, repetitive or irrelevant.

8. In reaching a determination in the matter, the Dean’s designee shall consider the documents produced in the hearing, the testimony of the witnesses and other evidence presented at the hearing. If the Dean’s designee determines that a violation occurred, the Dean’s designee also shall determine the appropriateness of the recommended consequences for the violation. Formal rules of evidence do not apply and hearsay is admissible.

9. Following the hearing, the Dean’s designee shall render a written decision based on substantial evidence presented at the hearing and shall notify the student and parent of that decision in accordance with the requirements of policy 4353, Long-Term Suspension, 365-Day Suspension, Expulsion.

10. The Dean’s designee shall provide for making a record of the hearing, including any findings or conclusions made by the Dean’s designee. The student will have the right to make his or her own audio recording of the hearing.

B. Hearings Before The Dean

1. Appeal of a Long-Term or 365-Day Suspension

The Dean will provide the opportunity for a hearing that follows the procedures established for administrative hearings, except that (1) the Dean’s designee will represent DCVPA and the Dean will be the decision maker, and (2) unless the Dean requests otherwise or doing so would create a substantial threat of unfairness, the Dean will limit presentations of testimony to the student, the student's parent and representative, and DCVPA’s representative and will limit documentation to the records and evidence presented at the administrative hearing. The Dean, in his or her discretion, may request additional information or evidence.

The Dean will review any records created by the Dean’s designee's decision and the record created from any administrative hearing held. The Dean will review the Dean’s designee’s decision to be sure that: (1) there was a reasonable basis for determining that the student engaged in the specified misbehavior; (2) a DCVPA policy, the Code of Student Conduct, a school standard or a school rule was violated; (3) the consequence for the violation was reasonable; and (4) procedures established by DCVPA policy were followed.

2. Dean Decision on Expulsion

The Dean will provide an opportunity for a hearing to review the Dean’s designee's recommendation for expulsion. The rules established for administrative hearings will be followed, except that the Dean’s designee will represent DCVPA and the Dean will be the decision maker. The Dean may request additional records or witnesses. A decision will be made on the Dean’s designee's recommendation following the standards for expulsion established in policy 4353, Long-Term Suspension, 365-Day Suspension, Expulsion.

Issued: July 12, 2018; modified August 1, 2018