STUDENT DISCIPLINARY HEARING

Disciplinary Hearing Officers are independent decision makers appointed by the Board of Education to hear disciplinary matters. Notwithstanding anything to the contrary here within, Disciplinary Hearing Officers have the authority to issue a short-term suspension, long-term suspension, or expulsion of any student found to have violated the Code of Conduct. If a hearing is called, the student will be suspended from school until the hearing can be held. T

Prior to the hearing, students and parents will receive a notice to include the following:

1. The rules which the student has allegedly violated.

2. A description of the student’s acts.

3. The names of the witnesses who may testify against the student (witnesses may be added prior to and during the hearing).

4. The maximum punishment that the student could receive. 

5. The time and place for the hearing.

6. That the student is entitled to require witnesses to be present at the hearing and the student will have the right to present evidence, examine any and all witnesses presented and have an attorney at the student’s expense, to represent the student. School administrators should be notified prior to the hearing if a subpoena is to be issued by the Superintendent.

Parents/guardians should contact the school if they would like the notice and other documents related to the hearing in a language other than English. Language interpreter services are also available, upon request, for a student disciplinary hearing.

At the hearing, students and parents will have the right to present witnesses and evidence, to examine any and all witnesses presented, and to have an attorney, at the parent’s expense, to represent the student. Any teacher called as a witness shall be given notice no later than 3 days prior to the hearing. 

A student disciplinary hearing is formal, although the strict rules of evidence as applied in a court do not apply in a disciplinary hearing, the school has the burden of proving that the student engaged in acts that violated the student code of conduct. The student will have the opportunity to present evidence and/or witnesses for the Disciplinary Hearing Officer’s consideration, but is not required to do so. The Disciplinary Hearing Officer will determine whether the student committed or did not violate the code of conduct as set forth by the school.

All parties shall be afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses about any matters logically relevant to the charge against the student. The Disciplinary Hearing Officer may limit unproductively long or irrelevant questioning.

The parents or legal guardian of the student may give testimony at the hearing and make a statement to the Disciplinary Hearing Officer concerning their feelings about the proper disposition of the case and to answer any questions. The student may be represented by counsel at the student’s expense at the hearing. If parents intend to be represented by counsel at the disciplinary hearing, the parents must notify the school twenty-four (24) hours prior to the start of the hearing so that the school district may elect to retain legal counsel to represent its interests. Failure to notify the District of a student being represented by counsel may cause a delay or continuance of the hearing.

All parties shall be entitled to subpoena witnesses for the hearing. A student or parent/guardian shall submit all requests for subpoenas to the student’s principal at least three (3) days prior to the time of the disciplinary hearing.

All student disciplinary proceedings and hearings conducted by either the Disciplinary Hearing Officer or the Board of Education are confidential and are not subject to the open meetings law. Only the following persons are permitted to attend a school disciplinary hearing conducted by a Disciplinary Hearing Officer: the accused student, parents or legal guardians of the accused student, legal counsel, a provider of interpretative services, school staff, and witnesses. Any written records, transcripts, exhibits or other documents assembled or used in any manner with regard to the conduct of any student disciplinary hearing are not public records and are not subject to public inspection.

WAIVER OF STUDENT DISCIPLINARY HEARING

A parent/guardian and student may choose to waive the student disciplinary hearing and accept the  recommended disciplinary response for the violation of the code of conduct by reviewing and signing a waiver of disciplinary hearing prior to the scheduled disciplinary hearing date. To request a waiver, parents may contact the Dpt. of Student Conduct, Prevention, Intervention and Family Support or inform their administrator before the day of the scheduled disciplinary hearing. A waiver can also be signed at the scheduled disciplinary hearing. By signing the waiver, the parent/guardian and student agree to and accept the disciplinary recommendation and waive their rights to challenge and/or appeal the waiver at a later date.