Mt. Clemens Community Schools
Bylaws & Policies
 

5611 - DUE PROCESS RIGHTS

The Board recognizes the importance of safeguarding a student's constitutional rights, particularly when subject to the District's disciplinary procedures. The following due process procedures govern the suspension or the expulsion of a student from the School District's regular education program. Discipline in the form of administrative intervention is solely within the discretion of the building principal or his/her designee, and is not subject to the procedures of due process provided for herein. If a student charged with a violation of the Student Code of Conduct has been returned to the regular school program pending a decision by either the building administrator, hearing officer, Superintendent of Schools, or the Board of Education, then such action shall not limit or prejudice the School District's right to suspend or expel the student following a decision by the building administrator, hearing officer, Superintendent of Schools, or Board of Education.

The initial judgment that a student has engaged in prohibited conduct under the Code of Conduct shall be made by the building administrator.

In all cases, if a student is subjected to a suspension or expulsion from the regular education program, the process established in the Code of Conduct, which is incorporated herein by reference, shall be followed. To better ensure appropriate due-process is provided a student, the Board established the following guidelines:

 A.Students subject to short-term suspension (ten (10) days or less):
  Except when emergency removal is warranted, a student and his/her parents must be given both 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. A building administrator's decision to impose a suspension of five (5) school days or less is not subject to further administrative review or appeal. An appeal of a principal's decision to suspend a student for a period of between six (6) and ten (10) school days may be addressed to the Superintendent whose decision will be final.
 B.Students subject to long-term suspension for eleven (11) or more school days and expulsion:
  A student and his/her parent or guardian must be given written notice of the intention to suspend or expel prior to the suspension or expulsion taking place. This notice must include the reasons therefore, and an opportunity to appear with a representative before the Superintendent or his/her designee:
 

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. At the student's request, the hearing may be private, but in those cases which require action by the Board of Education, the Board must act publicly. A written confirmation of the Board's decision will be provided to the student and/or parents. 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 so 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 the Code of Conduct in a manner that will facilitate understanding by students and their parents.