Due Process

Suspensions of 10 Days or Less

If a student is believed to have committed an act that would merit suspension for ten days or less, or a lesser punishment, the following rights shall be afforded the student:

a.) Oral or written explanation of the charges;

b.) An explanation of the evidence if the student denies the charges;

c.) An opportunity for the student to present his/her own version of the case if he/she denies the charges;

If the conduct of the student is detrimental to the progress and the general conduct of the school, the student may be immediately suspended. In cases of immediate suspension the procedures described above shall occur as soon as practical after the suspension.

Students who are suspended from school may not participate in any

School-sponsored activities, and will not be permitted on the school grounds during the period of the suspension without permission of school officials.

Due Process

Suspensions of 11 Days or More, Expulsions

If a student is believed to have committed an act that would merit suspension for eleven days or more, or is expelled from school, the following rights shall be afforded the student:

a.) The student and his/her parents/guardian must be informed in writing of the charges, including a summary of the evidence upon which the charges are based and a copy of this policy. The summary must include enough specificity to allow the accused to prepare a defense;

b.) The student and his/her parents/guardians shall be given the opportunity of a formal hearing before the Board of Education. The student and his/her parents/guardians must be given written notice of the time and place of the hearing;

c.) The student and his/her parents/guardians shall be entitled to be represented or advised during the proceedings by a person or persons of his/her choosing, including legal counsel.

d.) The student and his/her parents/guardians shall be given reasonable time (a minimum of three days) to prepare their case. The student and his/ her parents/ guardians shall have the right to present witnesses in their behalf, and to question witnesses against them.

e.) The student shall have the right to remain in school prior to the hearing except as provided for in this policy.

f.) The board shall base its decision on information presented at the hearing.

g.) Upon request, the board shall provide the student with a written copy of its decision including its findings of facts and the disciplinary action taken.

h.) The student and his/her parents/guardians may appeal the board's decision to the State Superintendent of Schools.

If the conduct of the student is detrimental to the progress and the general conduct of the school, the student may be immediately suspended. In cases of immediate suspension the procedures described above shall occur as soon as practical after the suspension.

Students who are suspended or expelled from school may not participate in any school-sponsored activities, and will not be permitted on the school grounds during the period of the suspension without permission of school officials.

Only the board of education can expel1 a student. The principal may suspend the student to the board of education with a recommendation for expulsion.

Approved: July 1976

Revised: April 6, 1992

Approved: July 1976

Revised: April 6, 1992