| Grosse Pointe Public 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 established the following guidelines:
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A. |
Students subject to temporary separation : |
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Except in emergency situations, a student must be given oral or written notice of the charges against him/her, a summary of the evidence supporting the charges, and the opportunity to respond prior to the implementation of a temporary separation. When such temporary separation has occurred, notice and opportunity to respond shall occur as soon as reasonably possible. The principal or other designated administrator shall provide the student an opportunity to be heard and shall be responsible for making the temporary separation decision. The building principal's decision is final. |
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B. |
Students subject to suspension : |
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Except in emergency situations, a student must be given oral or written notice of the charges against him/her, a summary of the evidence supporting the charges, and the opportunity to respond prior to the implementation of a suspension. When such suspension has occurred, notice and opportunity to respond shall occur as soon as reasonably possible. The principal or his/her designated administrator shall provide the student an opportunity be heard and shall be responsible for making the suspension decision. |
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A suspension may be appealed by the student and/or his/her parent or guardian to the principal, and thereafter to a Disciplinary Review Panel. The Superintendent shall establish guidelines as contained in the Code of Conduct (AG 5500) governing appeals of suspensions, including the procedure before the Disciplinary Review Panel. |
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The decision of a Disciplinary Review Panel may be appealed by the student and/or his/her parent or guardian, or by school administration, to the Board. The following procedures govern the appeal of a suspension to the Board: |
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The appeal shall be submitted in writing to the Superintendent within fourteen (14) days after mailing of the decision of the Disciplinary Review Panel. If no such appeal is timely filed, the decision of the Disciplinary Review Panel shall be deemed final. |
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2. |
The Superintendent or designee may stay enforcement of a suspension pending appeal to the Board. |
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The Board shall hear the appeal in a special meeting called within a reasonable time after the Superintendent’s receipt of the appeal. |
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The appealing party shall present to the Board reasons why the decision of the Disciplinary Review Panel should be reversed or modified. |
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The Board may receive such testimony and evidence as it may deem necessary to review the decision of the Disciplinary Review Panel. |
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The Board shall decide the appeal within a reasonable time, and may affirm, modify or set aside the decision of the Disciplinary Review Panel. The Board shall promptly convey its decision to the parties to the appeal in writing. The Board's decision shall be final. |
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C. |
Students subject to expulsion : |
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Prior to the imposition of an expulsion, a student and his/her parent or guardian must be given written notice of the intention to expel, a summary of the evidence supporting the expulsion, and an opportunity to appear before the Superintendent to answer the charges. The student and/or his/her parent or guardian must also be provided a brief description of the student’s rights and of the hearing procedure. |
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An expulsion may be appealed to the Board in accordance with the provisions of Policy 5610 and Policy 5610.01. At the student’s request, the hearing may be private but any Board decision must be taken in open session. |
The Superintendent shall establish procedures so that all members of the staff comply with this policy when dealing with students. In addition, this statement of due process rights is to be placed in all students handbooks in a manner that will facilitate understanding by students and their parents.
Revised 9/22/08
Revised 3/09