III.c.Student Due Process Rights
In situations involving misconduct, students shall have the opportunity to present their version of the facts and circumstances, and students will not be suspended unless their rights to due process, as identified in Education Law 3214, have been observed. Building Principals may suspend a student for a period of up to five days. In cases of this type, the Principal conducts an informal hearing with the student and other individuals who may have information concerning the situation. When a suspension is imposed the student and parent(s) are notified and a written record of the case is made. If the student and parent’s request, an informal conference will be held at which time the parents may question the person whose complaint initiated the suspension.
School personnel will identify problems and pursue appropriate, reasonable measures to affect student behavior. Parents/guardians, students and school personnel must work together to ensure the maintenance of the proper atmosphere for learning. Our objective is to provide all students an equal opportunity to grow intellectually, ethically, socially, emotionally, and physically.
The responses to student misconduct are designed to be fundamentally fair without imposing unreasonable burdens upon school authorities or students. General requirements in all instances include:
- Oral or written notice detailing the rules violation resulting in the conduct referral;
- An opportunity for the referred student to “tell his/her side of the story” to the person whose responsibility it is to investigate the situation;
- Explanation of the evidence of violation upon which action is being taken, should the student deny the infraction has occurred;
- When a student is referred to an administrator/designee for appropriate action, the administrator investigates the incident by meeting with the student and/or staff member, and additional students/staff as deemed necessary;
- Parental involvement ranges from written notification of the offense and consequence, to parent conferences with staff, student, and, if need be, outside agencies/authorities;
- A proper and accurate record of the offense and response is maintained for all incidents.