FILE: JCAA
DUE PROCESS
Students must know what conduct is appropriate and what is forbidden. Therefore, the rules and regulations of the Assumption Parish School Board governing student conduct shall be distributed to the students and posted in a conspicuous place.
Prior to any suspension the Principal or his/her designee shall:
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Advise the student in question of the particular misconduct and the basis for accusation;
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Provide the student an opportunity to explain his/her version of the situation; and
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Immediately remove from the school premises without benefit of the above procedures any student whose continued presence in the school poses a danger to persons or property or an ongoing threat of disruption to the academic process. The necessary procedure shall follow as soon as practicable. |
If the suspension is to be ten days or less the above procedures are considered sufficient (Goss v. Lopez, 1975). If the suspension is to be more than ten days in addition to the above procedures, the steps below shall be followed:
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A notice in writing of the suspension and the reasons thereof shall be given to the parents or guardians of the student suspended if the student is under eighteen years of age. This notice shall be provided in sufficient time (minimum of three days ahead) to give the student a chance to prepare his/her defense.
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The student (and parents or guardians if he/she is under 18) shall be provided with a copy of the Board's policy and administrative procedures on suspension and expulsion.
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The student shall be provided with the names of individuals who have primary knowledge of the facts forming the basis for the suspension or expulsion. This will permit the student and his/her parents to discuss the facts with the authorities involved and will enable the student to present the case in a more meaningful manner.
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Students shall be permitted to examine any document or record the school will use at the hearing or which will aid him in his/her defense.
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The student shall be permitted to obtain legal counsel.
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The student or his/her counsel shall be permitted to cross-examine those who have primary knowledge of the facts. |
For procedural purposes suspensions exceeding 10 days and expulsions shall be treated alike. Unless there is an emergency, hearings shall precede the imposition of any long-term suspension or expulsion.
Ref: U.S. Constitution, Amend. XIII
U.S. Constitution, Amend. XIV, Sec. 1
Ingraham v. Wright, 97 S.Ct. 1401 (1977)
Goss v. Lopez, 95 S.Ct. 729 (1975)
Carey v. Piphus, 98 S.Ct. 1042 (1978)
Assumption Parish School Board