Hearing
Students alleged to have committed an expellable offense will receive a hearing before a Hearing Officer within a reasonable time following the alleged misconduct. The Hearing Officer shall be a Regional Director or his or her designee. Prior to the hearing, the school will send a written notice to the student and the student’s parents, including:
- the basis for the proposed expulsion;
- the date, time, and location of the hearing; and
- the right of the student, at the hearing, to:
- be present;
- be accompanied by his or her parents;
- be represented by any adult representative, including legal counsel;
- present evidence, call witnesses, and testify; and
- be informed of the school’s evidence.
After making a good faith effort to inform the student and the student’s parents of the time and place of the hearing, the school shall hold the hearing regardless of whether the student, the student’s parents, or another adult representing the student attends. The Campus Director shall audio record the hearing.
Expulsion Order
Within seven days following the hearing on expulsion, the Hearing Officer or his or her designee will notify the student and the student’s parents in writing of his or her decision. If the outcome of the expulsion hearing is that the student will be expelled, the Hearing Officer or his or her designee will enter an expulsion order and provide a copy to the student and the student’s parents specifying:
- the length of the expulsion;
- the procedures for re-admittance at the end of the expulsion period, if applicable; and
- the right to appeal the Hearing Officer’s decision.
The notice shall also state that failure to timely request such a hearing constitutes a waiver of further rights in the matter.
Appeals
The student or a parent may appeal the decision of the Campus Director in accordance with the school grievance procedure (see “Student or Parent Complaints and Concerns,” p. 72).
Discipline consequences will not be deferred pending the outcome of an appeal of an expulsion.
Effect of Student Withdrawal
If a student withdraws from the school before the expulsion hearing is conducted or an expulsion order is entered, the school may continue with the proceedings and enter an order. If the school fails to enter an expulsion order after the student withdraws, the next district in which the student enrolls may complete the proceedings and enter an order.
No Credit Earned
Except when required by law, students will not earn academic credit during a period of expulsion.