Due Process/Suspension & Expulsion

1.    In-School or Short-Term Suspensions (Ten Days or Less)                         

a.   The principal has the authority to suspend for a period of ten days or less, any student who willfully violates the rules of conduct established by or in accordance with this policy. A student who is suspended shall be given an opportunity to make up his or her homework and take any quarterly, semester, or grading period examinations missed during a short-term suspension.

b.   Generally, the student shall have been informed previously, either verbally or in writing, that the acts of misconduct could result in suspension.

c. The student shall be told of the alleged misconduct and the evidence against him or her.

f.    When the principal or designee has reached a decision, the student shall be informed of the decision.

g.   If the principal or designee finds that the accusation(s) is true and that a suspension is warranted under the facts of the circumstances, the student, parents and/or guardians shall be notified, in writing, of the reason for the suspension, the type of suspension (in-school or out-of-school) and the length of the suspension.

h.   The parents or guardians shall also be notified that they may request a conference to discuss the suspension.

i.    If more than seven pupils are suspended at the same time for the same act(s) of misconduct, the principal shall notify the School Board chairman immediately.

j.    If the conduct of the pupil(s) poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the pupil(s) may be suspended immediately. In such cases, the procedures described above shall be completed as soon as practicable after the suspension.

k.   Any student suspended for ten days or less will be given the opportunity to take any exams missed and make up work missed.

2.    Long-Term Suspension (More than Ten Days)

The principal may recommend to the School Board chairman long-term suspension of a student defined as the denial of a student the right to attend school and to take part in any school function for any period in excess of ten days, up to the remainder of the school year. A long-term suspension may be imposed by the principal after receiving approval from the School Board chairman.

a. Before submitting a recommendation to the School Board chairman, the principal shall complete steps c-f in the procedures for a short-term suspension.

b. The notices to the student and his or her parent(s) or guardian(s) shall clearly state:

(1) that the principal is recommending a long-term suspension to the School Board chairman.

(2) that the student and his or her parent(s) or guardian(s) may request a hearing within ten school days of the principal’s recommendation before an impartial hearing officer appointed by the School Board chairman; and

(3) the procedures for requesting a hearing.

c. prior to the hearing, the student and his or her parent(s) or guardian(s) shall have the right to examine any exhibits or other evidence against the student.

d. The hearing shall be conducted in the following manner:

(1) It shall be private and informal.

(2) The student may be represented by an attorney or a person of his or her choice.

(3) The hearing shall begin with the presentation of the school’s evidence as the principal or his designee has the burden of proving that the student has violated a rule or rules of conduct established by or in accordance with this policy.

(4) The school officials and the student shall have the right to present evidence and cross-examine any witnesses presented.

(5) A record shall be made of the hearing.

e. Within 24 hours of the hearing, the hearing officer shall render a decision on all factual issues based solely on the evidence presented at the hearing and shall make a recommendation to the School Board chairman concerning the future education of the student.

f. The School Board chairman shall notify the student and his or her parent(s) or guardian(s) as soon as practicable of the hearing officer’s decision concerning the factual issues and the School Board chairman’s decision concerning the student’s future education.

g. The student and his or her parent(s) or guardian(s) may appeal the decision of the School Board chairman to the Board of Education. The Senior Pastor, on behalf of the School Board chairman, may designate a hearing panel composed of two or more members of the Board to hear and make a recommendation upon such appeal in the name and on behalf of the Board.

(1) The hearing shall be conducted the following manner:

(a) It shall be private and formal.

(b) The student may be represented by an attorney or a person of his or her choice.

(c) The burden of proof shall be on the principal and and the School Board chairman.

(d) The student, or his representative, shall have the right to examine exhibits and other evidence against him and to cross-examine adverse witnesses.

(e) The student shall also have the right to present evidence on his or her behalf.

(f) Either party shall have the right to record the proceedings.

(2) The decision of the Board shall be based on substantial evidence and shall be sent in written form to the student and the School Board chairman within 24 hours after the hearing. A copy shall be sent to the parent(s) or guardian(s) of the student.

(3) Any student aggrieved by the decision of the Board shall have the right of judicial review as provided by law.

(4) If there is an appeal from the School Board chairman’s decision to the School Board, the suspension shall not become effective until the Board renders its decision; provided, however, if the student’s presence on campus poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the student may be suspended and removed from the school premises immediately.