Student Due Process 

Introduction

There are times when students, parents/guardians and school administrators need to discuss behavior and/or attendance concerns when building level interventions and parent efforts have not been successful. There are also times when immediate disciplinary action needs to be taken for serious rule/law violations within the school building or on school grounds. There are several administrators in the Department of Student Services that are skilled in the areas of due process, discipline and current trends in student behavior.

As attendance and discipline issues are reviewed, students, parents/guardians and building administrators have an opportunity to discuss their concerns and the facts about the referral to Student Services.

Our goal is to devise a plan for student success. We will treat students, parents/guardians and school staff with respect as we work together on student behavior and attendance concerns.

Responsibilities of Students

The guidelines for student behavior are the Responsibilities of Students. These guidelines for student behavior are outlined in the Shared Rights and Responsibilites found here. 

Student Due Process Procedure and Timeline

While our goal is to have students remain in school, there are certain behaviors that could result in the consideration of sanctions such as mandatory reassignment (placement at another school), long-term suspension or expulsion (removal from school for the balance of the current semester, school or calendar year). The process followed is:

 Suspension Procedures

The Principal or principal’s designee shall:

1. Investigate the situation.

2. Hold an informal suspension meeting with student before suspension.  In this informal meeting, the student is entitled to:

   • a written or oral statement of the charges; summary of the evidence against the student, if the charges are denied; 

   • an opportunity to explain the student’s conduct.

3. Give written notice to parents describing the student’s misconduct; and the action taken. 

4. If nature of conduct requires immediate removal, you may give notice of charges as outlined in I.C.20-33-8 and hold a suspension meeting as soon as reasonably possible after suspension.  

According to Indiana Code, a principal may suspend a student for a period of no more than ten (10) school days; however, S.B.C.S.C. school board policy states a student shall not be suspended for more than five (5) school days.  

  5. Special Procedures when Recommending Expulsion:

Before a request is made for expulsion, make certain that there is sufficient evidence to prove the case.  (The Superintendent may send the case back to you if there are insufficient grounds for expulsion.)

  6. Due to the possibility of danger to the order of the school, to the safety of the students involved, or to the safety of others in the school, the student should be suspended out of school until the expulsion meeting is held.

Expulsion Procedures

1. Student violates I.C. 20-33-8-14 (1) Student Misconduct, and/or (2) Substantial Disobedience; and/or I.C. 20-33-8-15 Unlawful Activity; and/or I.C. 20-33-8-16 Possession of a Deadly Weapon or Firearm.  (See full text in Indiana Code section at end of this handbook.)

2. Principal investigates and files written or electronic charges with the Superintendent within five (5) days after the incident.

3. If the Superintendent decides that there are reasonable grounds for an expulsion, the Superintendent shall appoint an Expulsion Examiner. 

4. The school will compile a due process packet to be submitted to the Expulsion Examiner. 

5. The Expulsion Examiner shall send a letter to the student and parents explaining the procedure for requesting an expulsion meeting based on the charges.      

6. The request for an expulsion meeting must be made in writing by the student or parent and sent to the Expulsion Examiner within ten (10) calendar days following receipt of the letter from the Expulsion Examiner

7. If an expulsion meeting is not requested within ten (10) calendar days following receipt of the Expulsion Examiner’s letter, all rights, administratively and judicially, to contest and appeal the punishment requested in the charge(s) by the principal/designee are waived.

8. If an expulsion meeting is requested, the Expulsion Examiner shall give a notice to the student and parent of the time and place for the expulsion meeting

9. The entire expulsion meeting shall be recorded.

10. The Expulsion Examiner shall hear the case and make a recommendation to the Superintendent.

11. The Superintendent shall review the recommendation and shall make the determination. 

12. Notice of the Superintendent’s determination shall be sent to the student and parent.

13. The student and parents have up to ten (10) calendar days for appeal to the Board of School Trustees.

Expulsion Meeting Procedures 

1. Permissible attendees are:  expulsion examiner, principal, student, parent, student’s representative, and counsel for school administration.  

2. Both sides share witness names, unless reasons such as witness safety exist; witnesses should be separated and appear at meeting only when testifying.

3. Meeting should be closed to the public.

4. Affidavits, witness statements, and student records are admissible.  They should be mailed ahead of time. 

5. Testimony should be under oath (administered by expulsion examiner).

6. Expulsion examiner may issue subpoenas and compel the attendance of witnesses.

7. Expulsion meeting is not bound by courtroom rules of evidence.  (However, it is advisable in most cases not to base decision entirely on hearsay because of constitutional due process considerations.)

8. Both parties may cross-examine witnesses.

9. If the principal fails to attend without obtaining a continuance, expulsion examiner should dismiss the charge; if student/parent fails to appear without a continuance, the expulsion meeting is held and all rights to administratively contest and appeal the expulsion are forfeited.

10. If misconduct was possession of a firearm (as defined by federal and state law, I.C. 35-47-1-5), the expulsion must be at least one (1) calendar year, with student returning at the start of the first semester after the end of the one (1) year period. (Subject to modification by superintendent as stated in I.C. 20-33-8-16.)

11. If misconduct was possession of a deadly weapon (as defined by state law, I.C. 35-41-1-8), but the weapon was not a firearm as defined by federal law, expulsion may be for no more than one (1) calendar year (I.C. 20-33-8-16).

12. If misconduct occurs in the first semester, the expulsion may be for both that semester and the second semester.

If misconduct is in the second semester, the expulsion may be for the second semester, (and if so, must continue through summer school), and may be for the first semester of the next school year

Appeals

Appeal to School Board

1. Student/Parent has ten (10) calendar days following the notice of action taken to file written appeal.  (There is no appeal right granted to the principal).

2. Board may vote to not hear appeals.  The decision whether or not to hear appeals will be made at the beginning of the year.

3. If Board will conduct a review, it should be held within a reasonable period of time.

4. Review must be based on the written summary of evidence and discipline action taken by the expulsion examiner (and written modification by superintendent, if any), and the arguments of the principal and student/parent.  Under constitutional principles, Board should admit new evidence not known by the student/parent at the time of the meeting to avoid a substantial risk of unfairness.  

5. Board should give notice of decision by personal delivery or certified mail.  

Appeal to the Courts

1. Federal and state courts will hear appeals alleging denial of Constitutional due process rights.  

2. I.C. 20-33-8-21, Scope of judicial review, limits an appeal to circuit and superior courts to the sole question of whether the governing body acted without following procedure as outlined in I.C. 20-33-8-19, Expulsion procedure; appeals.

3. I.C. 20-33-8-22, Effectiveness of statute during judicial reviews, allows student/parent, during judicial review, to get a temporary restraining order against the student’s expulsion if the school corporation was given the opportunity to appear at the judicial hearing to consider such order.