West Clermont Local School District
Administrative Guidelines
 

5610 - SUSPENSION AND EXPULSION

The following administrative guidelines should be followed to provide due process for each student charged with an offense leading to suspension or expulsion.

 

A.

Suspension

     
   

The principal may impose a suspension from school not to exceed ten (10) days duration.

     
   

The principal, assistant principal, or Athletic Director (if an administrator) may also prohibit a student from participating in any or all co-curricular and extra-curricular activities in accordance with the Code of Conduct/Student Discipline Code.

     
 

1.

Preliminary Hearing

     
   

No student is to be suspended without an informal, preliminary hearing, unless a clear and present danger exists, or it is otherwise impossible or unreasonably difficult to hold such hearing (e.g., the student intentionally makes himself/herself unavailable). In such instances, the necessary written notice and hearing shall follow as soon as practicable (see Form 5610 F1).

     
   

The principal shall provide the student with a written notice of the charge(s) against him/her and shall provide a hearing for the student before a suspension is ordered so that the student has a full opportunity to state why s/he should not be suspended. The student's parents may be informed of the charges and the preliminary hearing if the principal so chooses. The hearing shall be held on the day of the alleged infraction or as soon thereafter as possible if an emergency prohibits an immediate hearing (see Form 5610 F2, Form 5610 F3, Form 5610 F4, Form 5610 F5).

     
 

2.

Suspension Appeal Notice

     
   

Within one (1) school day after the suspension, the principal shall notify, in writing, both the parents and the Treasurer. Such notification is to include the reason for the suspension, and the right of the student or the studentís parent or guardian to appeal the suspension to the Board or its designee, to be represented in all appeal proceedings, to be granted a hearing before the Board or its designee in order to be heard against the suspension, and to request that the hearing be held in executive session. The notice shall also specify that if the student, parent, guardian, or custodian intends to appeal the suspension to the Board or its designee, such notice of appeal shall be filed, in writing, with the Treasurer of the Board or the Superintendent within fourteen (14) calendar days after the date of the notice to suspend. In addition, the document must include notice that the Superintendent may seek the studentís permanent exclusion if the suspension was based on a violation listed in (R.C. 3313.662(A) that was committed when the student was sixteen (16) years of age or older and if the student is convicted of or adjudicated a delinquent child for that violation (see Form 5610 F3).

     
 

3.

Appeal

     
   

Suspensions may be appealed to the Board or its designee within fourteen (14) calendar days of the date of the written suspension notice. The written appeal must be filed with the Treasurer of the Board or the Superintendent and contain the reason(s) that the suspension is being appealed.

     

Upon review, the Board or its designee may affirm the suspension, reverse the suspension in its entirety, or otherwise reverse, vacate, or modify the suspension.

     
 

The Board or its designee shall reach the decision and inform the parent in writing within two (2) school days of the hearing.

     
 

A verbatim record of the appeal hearing shall be made in the event of an appeal to the Court of Common Pleas.

     
 

4.

Responsibility for School Work

     
 

For an in-school restriction, credit will be given for all classroom assignments that can be completed during the in-school restriction or as homework.

   
 

Credit will be given for work missed due to out-of-school suspension provided the student completes and submits all required assignments upon return to school.

   
 

Failures may be given for any classroom work that cannot be attended such as laboratories or skill sessions.

     
 

5.

Mandatory Reporting to the Bureau of Motor Vehicles and Juvenile Judge

     
   

The Superintendent shall notify the County Registrar of Motor Vehicles and Juvenile Judge, within two (2) weeks, when a student has been suspended, expelled, removed, or permanently excluded from school for misconduct involving a firearm, knife, or other weapon as defined in Board policy.

     
 

6.

Discretionary Reporting to the Bureau of Motor Vehicles and Juvenile Judge

     
   

The principal may notify the Bureau of Motor Vehicles that a student has been suspended or expelled for use or possession of alcohol, a drug of abuse, or alcohol and a drug of abuse. Such notification shall be made in the manner determined by the Bureau. If a report is made to the Bureau of Motor Vehicles, a report should also be made to the Juvenile Judge.

   
 

7.

Abeyance

   
 

The principal may hold all, or any part of, a suspension in abeyance, that is, set it aside and not implement it, if such action is part of a behavior contract to which the student and his/her parents, if appropriate, agree. This contract shall establish specific conditions that must be met by the student and his/her parents, if appropriate, for the suspension to be set aside for a designated period of time. At the end of that period of time the portion of the suspension that was held in abeyance will be forgiven, provided all conditions of the behavior contract were met satisfactorily.

   
 

B.

Expulsion

   
 

Expulsion is the removal of a student from the schools of this District for a period not to exceed the greater of eighty (80) school days or the number of school days remaining in the semester or term in which the incident that gave rise to the expulsion takes place. Specific offenses involving firearms and knives shall result in the studentís expulsion for one (1) year. The term of that expulsion may be reduced to less than one (1) year by the Superintendent for the reasons listed in Policy 5610 so long as the modification is made in writing. Specific offenses involving violent conduct may result in the studentís expulsion for a period of up to one (1) year at the discretion of the Superintendent. Bomb threats may result in the student's expulsion for a period of up to one (1) year at the discretion of the Superintendent.

   
 

If at the time of the expulsion, there are fewer school days than the number of days of expulsion, the Superintendent has the option to apply the remaining period of expulsion to the following school year; or impose a community service requirement beyond the end of the school year in lieu of applying the suspension or expulsion into the next school year.

     
 

1.

Documentation

     
   

If, in the principal's opinion, the alleged infraction may warrant expulsion, s/he shall, as soon as practicable after the infraction, refer the case to the Superintendent and submit the following documentation:

     
 

a.

the rule(s) alleged to have been violated

     
 

b.

the charges against the student

     
 

c.

approximate date of the violation

     
 

d.

recommendation(s) for expulsion

     
 

e.

copy of the removal

     
 

f.

chronology of disciplinary/corrective actions and witness statements, and

     
 

g.

written notice to parents within one (1) day after removal

     
   

Upon request, the principal shall also submit:

     
 

a.

transcript of grades

     

b.

attendance records

     
 

c.

statements from professional staff regarding student's efforts, attitudes, or particular problems

     
 

d.

statement from counselor regarding help to student, attempts at remediation or correction, etc. and/or

     
   

The Superintendent shall review the documents for accuracy and completeness and schedule a hearing not earlier than three (3) nor later than five (5) days after proper written notice has been provided to the parents by means of certified mail.

     
 

2.

Hearing Notice (see Form 5610 F6)

     
   

The notice shall contain:

     
 

a.

the reason(s) for the intended expulsion (e.g., the rule(s) alleged to have been violated), the charges against the student, and the approximate date of the violation;

     
 

b.

notification of the opportunity of the student and the studentís parent or guardian or representative to appear before the Superintendent or his/her designee to challenge the reason(s) for the intended expulsion or otherwise to explain the studentís actions;

     
 

c.

the time and place for the hearing;

     
   

If the proposed expulsion is based on a violation listed in R.C. 3313.662(A) and the student is sixteen (16) years of age or older, the notice shall also include a statement that the Superintendent may seek to permanently exclude the student if the student is convicted of or adjudicated a delinquent child for that violation.

     
 

3.

Hearing

     
   

The hearing shall be held before the Superintendent or the person s/he authorizes. The student and his/her parents or representative shall be given the charges and the opportunity to defend against such charges.

     
 

4.

Waiver

     
   

It is the student's/parentís prerogative to waive his/her right to a hearing with the Superintendent or his/her designee. This waiver is to be in writing and signed by both student and parents. The signatures should be witnessed. Additionally, the student/parent can constructively waive the hearing by simply not availing himself/herself of the opportunity for it, but such waiver cannot be construed before the passage of a considerable period of time, since it operates to close off the student's rights.

     
 

5.

Notice of Expulsion (see Form 5610 F7)

     
   

Within one (1) school day after the student's expulsion, the Superintendent shall notify, in writing, the student's parents and the Treasurer of the reasons for the expulsion, the right of the student or the studentís parent or guardian to appeal the expulsion to the Board or its designee, the right to be represented in all appeal proceedings, to be granted a hearing before the Board or its designee in order to be heard against the expulsion, and the right to request the appeal hearing be held in executive session. The notice shall also specify that if the student, parent, guardian, or custodian intends to appeal the expulsion to the Board or its designee, such notice of appeal shall be filed, in writing, with the Treasurer of the Board or the Superintendent within fourteen (14) calendar days after the date of the notice of expulsion. The document must also include notice that the expulsion may be subject to extension pursuant to R.C. 3313.66(F) if the student is sixteen (16) years of age or older, and that the Superintendent may seek the studentís permanent exclusion if the expulsion was based on a violation listed in R.C. 3313.662(A) that was committed when the student was sixteen (16) years of age or older and if the student is convicted of or adjudicated a delinquent child for that violation. Finally, if the expulsion is for more than twenty (20) school days or for any period of time if the expulsion will extend into the following semester or school year, the notice must provide the student and the studentís parent or guardian with information about services or programs offered by public and private agencies that work toward improving those aspects of the studentís attitudes and behavior that contributed to the incident that gave rise to the studentís expulsion. The information shall include the names, addresses, and phone numbers of the appropriate public and private agencies.

     
   

Such proceedings shall be conducted in accordance with R.C. 3313.66, 3313.661, and R.C. 3313.662. (see AG 5610.01)

     
 

6.

Appeal

     
   

Expulsions may be appealed to the Board or its designee within fourteen (14) days after the date of the written expulsion notice. The written appeal must be filed with the Treasurer of the Board or the Superintendent and contain the reason(s) that the expulsion is being appealed.

     
 

Upon review, the Board or its designee may affirm the expulsion, reverse the expulsion in its entirety, or otherwise reverse, vacate, or modify the expulsion.

     
 

The Board or its designee shall reach the decision and inform the parent in writing within two (2) school days of the hearing.

     
 

A verbatim record of the appeal hearing shall be made in the event of an appeal to the Court of Common Pleas.

     
 

7.

Student's Records

     
   

A record of a student's suspension or expulsion is to be made a part of his/her permanent record until s/he leaves the school and may be released in accordance with AG 8330 - Student Records. Days of absence shall be noted in the student's permanent attendance record as an unexcused absence because of suspension or expulsion.

     
 

8.

Mandatory Reporting to the Bureau of Motor Vehicles and Juvenile Judge

     
   

The Superintendent shall notify the County Registrar of Motor Vehicles and Juvenile Judge, within two (2) weeks, when a student has been suspended, expelled, removed, or permanently excluded from school for misconduct involving a firearm, knife, or other weapon as defined in Board policy.

     
 

9.

Discretionary Reporting to the Bureau of Motor Vehicles and Juvenile Judge

     
   

The principal may notify the Bureau of Motor Vehicles that a student has been suspended or expelled for use or possession of alcohol, a drug of abuse, or alcohol and a drug of abuse. Such notification shall be made in the manner determined by the Bureau. If a report is made to the Bureau of Motor Vehicles, a report should also be made to the Juvenile Judge.

     
 

10.

Expulsion Proceedings Against Students Who Withdraw

     
   

If a student commits an act that warrants expulsion under Board policy, the Superintendent shall schedule a hearing, conduct the hearing, and make a decision regarding the studentís expulsion even if the student withdraws from school prior to the hearing or before the Superintendent makes his/her decision regarding the expulsion. Furthermore, if the Superintendent determines that the student should be expelled, s/he shall provide notice of that expulsion and make that expulsion part of the studentís permanent record as provided in this guideline.

     
 

11.

Abeyance

     
   

The Superintendent may hold all, or any part of, an expulsion in abeyance, that is, set it aside and not implement it, if such action is part of a behavior contract to which the student and his/her parent(s), if appropriate, agree. This contract shall establish specific conditions that must be met by the student and his/her parents, if appropriate, for the expulsion to be set aside for a designated period of time. At the end of that period of time, the portion of the expulsion that was held in abeyance will be forgiven, provided all conditions of the behavior contract were met satisfactorily.

     
 

12.

Notification of Colleges/Universities

     
   

If a student who is currently enrolled in a Postsecondary Enrollment Program is expelled, the Superintendent shall notify the college or university of the expulsion. The notice shall indicate the date the expulsion will expire, and of any extension of such expulsions. The notice shall also indicate whether the District has adopted a policy to deny high school credit for postsecondary courses taken during an expulsion.

     
 

C.

Disabled Students

     
   

Where proposed disciplinary removals are or may be in excess of ten (10) days or where such removals will effect a change in placement, students with identified disabilities under IDEA and/or Section 504 will be referred to Director of Special Education, who will make arrangements for additional procedures in accordance with Board Policy 5605, the Model Policies and Procedures for the Education of Children with Disabilities, and/or Section 504.

     
 

D.

Alternatives to Suspension or Expulsion

     
   

Based on the evidence presented at the hearing, the following alternatives may be explored:

     
 

1.

in-school restriction and/or Saturday School (see AG 5610.02)

     
 

2.

enrollment in the Alternative School (see AG 2451)

     
 

3.

assignment to community service

     
   

A student may be placed in community service in conjunction with or in place of a suspension or expulsion in accordance with a plan developed by the principal, approved by the Superintendent, and published in the Student Code of Conduct. Such a plan must meet the following conditions: the misbehavior was not drug-related or an act of violence against a person.

     
 

E.

Referral to Criminal Justice or Juvenile Delinquency System

     
   

The Superintendent shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or a weapon to school to the criminal justice or juvenile delinquency system serving the District.

© Neola 2008