|Grosse Ile Township Schools|
|Bylaws & Policies|
5610 - EMERGENCY REMOVAL, SUSPENSION AND EXPULSION OF STUDENTS
CONSEQUENCES OF VIOLATION OF STUDENT CODE OF CONDUCT
Type I. Class, Subject and Activity Suspensions
A teacher is authorized to immediately remove and suspend a student from a class, subject or activity when the student engages in conduct prohibited by law, Board of Education policy, or the schoolís Student Code of Conduct, as stated in the Handbook. The teacher will advise the student of the misconduct and allow the student to reply to the charge.
Any student suspended pursuant to this policy shall not be allowed to return to the class, subject, or activity from which s/he was suspended from until the passage of one (1) full school day from the time of the studentís infraction unless otherwise permitted by the teacher who ordered the suspension and by the Building Principal.
Students attending separate class periods throughout the school day shall be permitted during the term of the suspension to attend other classes taught by other teachers only when the studentís conduct does not rise to the level of requiring a multiple day short-term suspension, long-term suspension or expulsion in accordance with State law, Board of Education policy and the schoolís Student Code of Conduct.
Any student suspended from the same class, subject, or activity for ten (10) accumulative school days during the school year shall be given a hearing for each additional suspension beyond the ninth (9th) school day in accordance with due process requirements required by Board policy for Type III, Long-Term Suspensions.
Type II. Short-Term Suspensions
A short-term suspension is any suspension of nine (9) school days or less. A short-term suspension may be imposed upon a student by a Building Administrator if the student engages in conduct prohibited by law, Board of Education policy, or the schoolís Student Code of Conduct. Prior to imposing the suspension, the Building Administrator shall afford the student due process, as described in Policy 5611. A short-term suspension imposed by a Building Administrator with due process shall be final, and is not appealable outside the building.
Type III. Long-Term Suspensions
A long-term suspension is any suspension of at least ten (10) school days up to and including 180 school days. A long-term suspension will not normally be imposed upon a student unless the student has first been suspended for a short-term. Prior to the imposition of a long-term suspension, the student shall be provided with due process as described in Policy 5611. During the due process hearing, the student may be represented by legal counsel or other representative, and may call witnesses in his or her behalf. The Superintendent may long-term suspend a student without prior Board action or approval if the student engages in conduct prohibited by law, Board of Education policy, or the schoolís Student Code of Conduct. Promptly upon imposing a long-term suspension, the Superintendent shall inform the Board of the suspension. Any student assessed a long-term suspension may appeal the suspension to the Board of Education or a Board Committee under the procedure set forth in this Policy with respect to expulsions. The decision on appeal of the Board or Board Committee is final.
Should a suspension be imposed for a number of days exceeding the remaining days in a semester, the days remaining on the suspension will commence with the beginning of the next semester unless otherwise determined by the Superintendent.
Type IV. Expulsion
An expulsion is a complete and total severance of the relationship between the student and the School District. Only the Superintendent may expel a student. Prior to expelling a student, the Superintendent shall afford due process as described in Policy 5611.
A student expelled from the School District may appeal the expulsion to the Board. The Board President may delegate full authority to a Committee to hear an appeal. The Committee shall consist of three members of the Board.
A student may appeal an expulsion in accordance with the following procedure:
|A.||An expulsion may be appealed to the Board by the student or parent by filing with the Superintendent's office a written request for appeal. The request for appeal shall be filed within ten (10) school days after mailing of the notice of expulsion. The Board or Board Committee shall hear the appeal within a reasonable time at a special meeting called for such purpose. If no such appeal is timely requested, the expulsion shall be deemed final.|
|B.||Pursuant to the Open Meetings Act, the hearing before the Board or Board Committee shall be closed to the public at the request of the student or parent(s).|
|C.||The principal, Board attorney, and any other resource persons that the Board President deems appropriate may be present at the appeal hearing. Only members of the Board or Board Committee shall have a vote in determining the case.|
|D.||The President, or a member of the Board Committee or other person designated by the President, shall preside at the hearing and shall insure that the parties comply with the rules of this proceeding. While an appeal hearing may have some similarities to a court proceeding, it is not conducted in a court of law and court rules are not applicable. Board members and other participants in the hearing may ask questions of witnesses. The parties are not permitted to cross-examine witnesses.|
|E.||At the hearing, the principal or other administrator shall first present to the Board or Board Committee the facts of the case and the basis for the discipline. Administrationís presentation shall not exceed fifteen (15) minutes in length. Thereafter, the student (and/or the student's representative and parent(s)) may present the basis of the appeal. The presentation(s) on behalf of the student shall not, in the aggregate, exceed thirty (30) minutes in length.|
|F.||Ordinarily, evidence presented to the Board shall be limited to evidence presented to the Superintendent during the expulsion hearing. Where justice requires, the President or other presiding officer may permit the introduction of evidence not presented to the Superintendent during the expulsion hearing.|
|G.||If the hearing before the Board or Board Committee has been closed, the presentations by administration and on behalf of the student shall take place in the presence of all parties. Upon the conclusion of the presentations, the Board or Board Committee may excuse the administrators, the student and representatives of the student in order to deliberate.|
|H.||The Board or Board Committee shall decide the appeal within a reasonable time. In its discretion, the Board or Board Committee may:|
|1.||set aside the expulsion and reinstate the student with or without any limiting conditions;|
|2.||reduce the expulsion to a suspension with any conditions the Board or Board Committee deems advisable under the circumstances;|
|3.||affirm the expulsion; or|
|4.||if the Board or Board Committee has permitted the introduction of evidence not previously presented to the Superintendent, remand the matter to the Superintendent for consideration of such evidence.|
|I.||The decision of the Board or Board Committee shall be made in open session, taking care to protect the identity of the student. The Board or Board Committee shall have no obligation to explain its decision.|
|J.||The Board Secretary shall promptly notify the appealing party of the decision of the Board or Board Committee in writing. The decision of the Board or Board Committee shall be final.|
All required written notices shall be mailed or personally delivered to the residence of the parents or guardians, or the student if eighteen (18) years or older, or representative of the student at the address on file in the school records of the student.
The Superintendent shall develop detailed written regulations to implement this policy in compliance with State law requirements, and shall ensure uniform and consistent application of the policy. The Superintendent shall report to the Board as required on the effectiveness of this policy.
M.C.L. 380.1301, 380.1309, 380.1311
20 U.S.C. 3351
A.G. Opinion #6271