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.

To better ensure appropriate due process is provided a student, the Board establishes the following regulations which District administrators shall use when dealing with students:

1. Students subject to suspension:
   
   Prior to a suspension, a student will receive oral and written notice of the charges and an explanation of the evidence against him/her.  The written notice to the student's parent or guardian will be sent by U.S. Mail or other method agreed to by the parent, informing them of the length of the suspension and the reasons for it. The Principal will hold an informal hearing to give the student an opportunity to explain his/her side of the story. An appeal may be addressed to the principal, whose decision will be final.
2. Students subject to expulsion:
   
   A student and his/her parent or guardian will be given written notice of the principal's recommendation and the reasons therefore, and an opportunity to meet with a representative of the Superintendent to answer the charges.
   
   The student and/or his/her parent or guardian shall also be provided a brief description of the student's rights and of the hearing procedure. The Board shall act on any recommendation for an expulsion.

In determining whether disciplinary action set forth in this policy is to be implemented, District administrators shall use a preponderance of evidence standard.  Further, any individual charged with making a disciplinary determination under this policy shall retain all documents, electronically stored information ("ESI"), and electronic media created and/or received as part of an investigation.

The documents, ESI, and electronic media retained may include public records and records exempt from disclosure under Federal (e.g., FERPA, ADA) and/or State law – e.g., student records and confidential medical records.

The documents, ESI, and electronic media shall be retained in accordance with Policy 8310, Policy 8320, and Policy 8330 for not less than three (3) years, but longer if required by the District’s records retention schedule. In addition, this statement of due process rights is to be placed in all student handbooks in a manner that will facilitate understanding by students and their parents.

Revised 10/15/24

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