Mason Consolidated Schools
Bylaws & Policies
 

5611 - DUE PROCESS RIGHTS

The Board of Education recognizes the importance of safeguarding a student's constitutional rights, particularly when subject to the District's disciplinary procedures.

To better ensure appropriate due-process is provided a student, the Board establishes the following guidelines:

 A.Students subject to short-term suspension (ten (10) or less days):
  Except when emergency removal is warranted, a student must be given oral or written notice of the charges against him/her and the opportunity to respond prior to the implementation of a suspension. When emergency removal has been implemented, notice and opportunity to respond shall occur as soon as reasonably possible. The principal or other designated administrator shall provide the opportunity to be heard and shall be responsible for making the suspension decision. The suspension may be appealed to the Superintendent. This must be done in writing within seventy-two (72) hours of receiving notice of the suspension. All consequences will be enforced during the appeal period at the discretion of the Principal. The appeal shall be conducted in a private meeting and the student may be represented. A final appeal may be made to the Board. This must be done in writing within seventy-two (72) hours of receiving notice of the Superintendent's decision on the original appeal. Again, all consequences will be enforced during the appeal period at the discretion of the Superintendent. The appeal shall be conducted at a Board meeting and the student may be represented. Sworn, recorded testimony shall be given. If the appeal is heard by the Board, the Open Meetings Act governs the hearing. Under the Open Meetings Act, the hearing must be public unless the parents/guardians request that the meeting be conducted in a closed session.

 B.Students subject to long-term suspension and expulsion (eleven (11) or more days:
  A student and his/her parent or guardian must be given written notice of the intention to suspend or expel and the reasons therefore, and an opportunity to appear with a representative before the Superintendent to answer the charges. The student and/or his/her guardian must also be provided a brief description of the student's rights and of the hearing procedure, and a summary of the facts. An appeal may be made to the Board. This must be done in writing within seventy-two (72) hours of receiving notice of the Superintendent's decision. All consequences will be enforced during the appeal period at the discretion of the Superintendent. The appeal shall be conducted at a Board meeting and the student may be represented. Sworn, recorded testimony shall be given. If the appeal is heard by the Board, the Open Meetings Act governs the hearing. Under the Open Meetings Act, at the student's request, the hearing may be private, but the Board must act publicly. The Board shall act on any appeal, which must be submitted in writing, to an expulsion (Policy 5610 and/or Policy 5610.01), to a request for reinstatement (Policy 5610.01), or to a request for admission after being permanently expelled from another district (Policy 5610.01).

The Superintendent shall establish procedures to ensure that all members of the staff use the above guidelines when dealing with students. In addition, this statement of due process rights is to be placed in all student handbooks in a manner that will facilitate understanding by students and their parents.

Revised 9/97
Revised 6/00
Revised 6/21/04
Revised 12/15/14