Procedural Due Process

No student may be punished for alleged violation of the student code of conduct without due process. All students are entitled to an oral or written notice of the charges, an explanation of the evidence and an opportunity to present their side of the story.

Student Right to Due Process Prior to Disciplinary Sanctions

The principal, assistant principal, or designee shall meet with the student for the purpose of:

1.      Presenting oral or written notice of the reported code of conduct infraction,

2.      Giving an explanation of the evidence concerning the infraction report, and

3.      Giving the student an opportunity to present their side of the story.

In all circumstances, the process of questioning a student begins with considering the nature of the offense, whether it rises to the level of criminal activity, and the age/development of the student.

School officials have a direct responsibility for student behavior as well as school safety and security. That responsibility allows school officials the latitude to question students in an effort to maintain safe schools. Law enforcement officers should not be involved in questioning students as a part of routine school operations when no evidence suggests a crime has been committed. (Reference: 8 VAC 20-131-210).