Code: JGD-AR
Adopted: 10/9/95, 8/28/95
Revised: 1/22/07
Orig. Code(s):730.4, 730.5
Suspension Rules, Procedures, and Appeals
Suspension is the formal step in which a school administrator temporarily removes a student from classes for a specified number of days. Suspensions may be either home or in-school depending on the discretion of the principal or vice-principal. Assignment to a time-out area shall not be considered a suspension unless specifically indicated in a letter to the parents.
A student may be suspended when the following conditions are met:
1. The student has reasonable notice of the rule or rules (OAR 581-021-0075);
2. The student is afforded an opportunity to hear the specific charges and explain the alleged misconduct;
3. Parents are notified prior to or immediately following the disciplinary action;
4. A written notice is mailed or given to parents specifying the date, charges, and action taken. This notice shall also explain reinstatement and/ or appeal procedures;
5. In the case of special education students, procedures must make allowance for provisions of IDEA (Individuals with Disabilities Education Act) and related Oregon Revised Statutes and Oregon Administrative Rules
Suspensions may not exceed 10 school days except under special circumstances.
Suspended students are to be sent home as soon as possible unless circumstances make it unsafe.
After a suspension is served, students may re-enter school subsequent to a satisfactory student/parent/administrator conference.
Days of suspension shall not count as absences for purposes of disciplinary action under the attendance policy.
Ordinary due process procedures may be postponed in cases of emergency. Emergency situations shall be limited to those instances where there is a serious risk that substantial harm to health and/or safety will occur if suspension does not take place immediately (OAR 581-021-0065).
Suspensions may be appealed as outlined later in these procedures. (OAR 581-021-0065).
Following suspension, the student and/or parent may appeal the decision to the District Hearings Officer. Notice of appeal may be made by contacting the District Hearings Officer within seven calendar days of the decision to suspend. The appeal will be heard by the hearings officer within five calendar days.
Suspension hearings will be conducted in accordance with the following procedures:
1. The hearings officer shall conduct the appeal hearing in a closed meeting unless the student or
parent/guardian requests a public meeting;
2. Strict rules of evidence shall not apply, however, the hearings officer may limit or exclude irrelevant evidence;
3. The hearings officer or the accused may make a recording;
4. In case of foreign language differences or other serious communication problems, the district shall provide a translator;
5. The hearings officer will explain the purpose of the hearing and indicate the student's right to appeal adverse decisions;
6. The student will be allowed to have representation, to explain the alleged misconduct and to be present throughout the hearing;
7. District personnel will present the issue and events leading to the recommendation for suspension;
8. After hearing the evidence, the student or representative may ask questions of the witness or witnesses, and may offer contradictory evidence by testimony, by writings or by other exhibits;
9. The hearings officer will listen to the information presented and render a decision at the hearing or within three school days thereafter;
10. A letter will be sent to the student and parent/guardian stating the reasons for the decision.
The student and/or parents may appeal the decision of the hearings officer to the Board if there is an error in fact or error in due process by following the appeals procedure for expulsion appeals.