BOE FINAL DRAFT 25.26 TSD Student Code of Conduct - Flipbook - Page 16
At this hearing, the student will be allowed to give his/her version of the facts and be informed of the
evidence offered against them. To the extent practicable, this hearing will take place within five days of
the disciplinary event. The written notice will also document the building administrator’s consideration of
the individual factors listed on page 5 of this Student Code of Conduct and consideration of restorative
practices.
If a suspension of 11 to 59 days is recommended by the building principal, an appeal can be made, in
writing, to the building principal and Assistant Superintendent within five days of the decision of the
building principal.
For all recommended expulsions (suspension for 60 school days or more) or permanent expulsions, a
hearing with the Assistant Superintendent is required.
If the building administrator decides the student’s presence in school would present a danger to the
student, other students, school personnel, or the educational process, the student will be suspended
pending the outcome of the hearing. If the building administrator determines that the student would not
present a danger as described above, the student may be returned to school pending the outcome of the
hearing. If the student is suspended pending a decision of the Assistant Superintendent or designee, the
hearing will commence within ten (10) school days following the initial suspension of the student following
the completion of the building principal’s investigation of the charges. If the student is not suspended
pending the decision of the Assistant Superintendent, then the Assistant Superintendent or designee will
schedule the hearing to be held within fifteen (15) school days following the completion of the building
principal’s investigation of the charges. The timelines for commencement of the hearing may be enlarged
upon the request of the administrator, student, or parent.
Step 2. A hearing before the Assistant Superintendent will be held for the purpose of determining the
truth or falsity of the charges against the student and, if the charges are found to be true, the
consideration of the individual factors listed on page 5 of this Student Code of Conduct, the consideration
of restorative practices, and the appropriate disciplinary measures to be imposed.
The student and/or the student’s parent may notify the School District that they waive their right to a
hearing. In such cases, the principal's recommended disciplinary penalty will ordinarily be imposed,
provided, however, that if the recommended penalty is expulsion or permanent expulsion, the Assistant
Superintendent will nevertheless make the final decision.
The Assistant Superintendent, or his/her designee, may amend the principal's charges upon motion of the
building administrator, student, or parent, or amend the charges upon the Assistant Superintendent’s own
motion to conform to the evidence presented at the hearing. Additionally, the Assistant Superintendent
may impose a greater or lesser penalty than that imposed or recommended by the building administrator.
Step 3. The Assistant Superintendent's decision shall be given orally to the student and parent not later
than five (5) school days after the close of the hearing. A written decision will be mailed at that same
time. These timelines, however, may be enlarged by the Assistant Superintendent due to extenuating
circumstances.
Step 4. A decision by the Assistant Superintendent to permanently expel a student may be appealed to
the Superintendent by filing a written notice with the Assistant Superintendent and Superintendent within
five (5) school days of the decision.
An appeal to the Superintendent will not involve further testimony or new evidence. During the appeal
hearing, the Assistant Superintendent will share the results of the hearing at the Assistant
Superintendent’s level and make a recommendation to the Superintendent. The student, parent or a
legal representative will have an opportunity to address the Superintendent. The Superintendent may ask
questions of the Assistant Superintendent, the parent, or the student and will render a written decision on
the appeal within fifteen (15) school days. The decision of the Superintendent is final and not subject to
further review or appeal.
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