Descriptor Code: JCEB
Hearing Procedure
I. DUE PROCESS HEARINGS
A hearing by a disciplinary panel will determine what, if any, disciplinary action will be taken in instances when schools have recommended long term suspension or expulsion. Any student suspended for more than 10 days will be afforded the opportunity for a hearing.
II. SELECTION OF DUE PROCESS HEARING PANEL MEMBERS
The Superintendent of Schools will recommend to the School Board for approval active and/or retired personnel to serve as a hearing panel or Tribunal to conduct due process hearings in accordance with State and Federal law and impose punishment, if necessary including suspension or expulsion for violations of the School District Code of Conduct.
III. COMPOSITION AND CHARGE OF THE DUE PROCESS HEARING PANEL
At least three members will be selected to serve on a tribunal panel to hear the facts surrounding disciplinary cases and to provide due process with an evidentiary hearing. The tribunal panel’s decision will be in writing and based solely on the evidence received at the hearing. The Superintendent will arrange and provide annual training to the members of the tribunal panel.
IV. RIGHTS OF STUDENTS
In due process hearings, students have the right to be represented at their own cost by legal counsel or be assisted by the parent(s) or legal guardian. Additionally, students have the right to testify on their own behalf or to remain silent. If they remain silent, the panel will imply no inference of violation of school rules. Students are entitled to subpoena witnesses on their own behalf and to cross-examine witnesses brought by the School District. Students and/or their parents/guardians may obtain copies of any documents introduced at the hearing.
V. RIGHTS OF APPEAL
Decisions made by the panel may be appealed to the School Board. The request for appeal must be in writing to the Superintendent within 20 days of the date of the decision. Any Tribunal decision may be upheld, modified or suspended at the Superintendent’s discretion pending the outcome of the appeal. The Superintendent will develop and recommend annually to the School Board a “Student/Parent Handbook” and “Student Code of Conduct” that will contain, among other things deemed necessary by the Superintendent, due process hearing procedures. In the event of a conflict between this Policy and current law, current law will prevail.
ADOPTED: August 2, 2001 REVISED: July 16, 2020
