Policy Information | |
Series Regulations - Regulations | |
SUPERINTENDENT'S HEARINGS/SUSPENSIONS IN EXCESS OF FIVE (5) SCHOOL DAYS Policy # 7313R.1 |
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A student may not be suspended for a period in excess of fi ve (5) school daysunless he/she and the parent/person in parental relation to him/her shall have had an opportunity for a Superintendent's Hearing at which the student shall have the right to be represented by an attorney, the right to present witnesses and other evidence on his/her own behalf and the right to cross-examine witnesses against him/her.The notice of the hearing should advise the student of the grounds for the charges in specific enough terms to enable him/her to anticipate reasonably the subject content of the proposed hearing and to prepare a defense. The administrator bringing the charges must furnish the Superintendent of Schools with all records and written report on the facts and charges.
The student should be allowed to remain in school prior to the hearing unless his/her presence in school poses a clear danger to his/her physical or emotional safety, to other students, faculty or institutional property, or to the continuation of the learning process.
The student may bring a parent/person in parental relation with him/her to the hearing,and both the student and the person invoking the hearing procedure may be represented by counsel. An interpreter should be available, if needed.
At the hearing, persons having direct knowledge of the facts should be called to testify.Hearsay evidence may be admitted but alone is not sufficient, notwithstanding the administrative nature of the proceeding. There must be some direct evidence of guilt of the charges.The burden of proving guilt rests upon the person making the charge, and the student is entitled to a presumption of innocence of wrongdoing unless the contrary is proved. The student may testify in his/her own behalf and isfree to cross-examine witnesses against him/her.
Both the Superintendent of Schools and the Board of Education are authorized to appoint a Hearing Officer to conduct student disciplinary hearings. The Hearing Officer shall make findings of fact and recommendations as to the appropriate measure of discipline. The report of the Hearing Officer is advisory only, and the Superintendent of Schools or Board may accept or reject all or any part of such report.
Where the basis for a suspension is, in whole or in part,the possession on school grounds or school property by the student of any firearm, rifle, shotgun, dagger,dangerous knife,dirk,razor,stiletto or any of the weapons, instruments or appliances specified in Penal Law Section 265.01 the Hearing Officer or Superintendent shall not be barred from considering the admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure.
A record of the hearing shall be maintained, but no stenographic transcript shall be required and a tape recording shall be deemed a satisfactory record.
SUSPENSION APPEALS PROCEDURES
Procedures for Board of Education on Appeals from Superintendent's Hearings
1. All appeals from Superintendent's hearings must be provided in writing for the Board's consideration.
2.The student, or the student's parent(s) shall notify the District Clerk in writing within thirty (30) days following the date of the decision reached in the Superintendent's hearing of the desire to appeal the decision of that hearing to the Board of Education. The District Clerk will provide verification of the receipt of the notice to the petitioner.
3.The District Clerk shall notify the Board President of the request for appeal.
4.There are essentially two areas for appeal: the finding of guilt is not supported by competent and substantial evidence in the records; and/or the punishment is inappropriate. Occasionally, procedural 'error in the suspension hearing notice or the conduct of the hearing may constitute grounds for appeal.
5.The appeal of a suspension decision is based on the record from the suspension hearing. As a result, each Board member will review the hearing record (hearing testimony-review of recording or a verbatim transcript, hearing exhibits, finding s and recommendation of the hearing officer, and the superintendent's decision).
6.The appeal is based on the record from the hearing and, therefore, is not a new hearing for the taking of additional or different evidence.
7.The Board shall review all evidence originally considered at the Superintendent's Hearing in a properly convened Executive Session.
8.The Board will deliberate in executive session regarding the merits of the appeal and come to consensus.
9.A vote should be taken in public session to uphold, overturn or modify the decision of the Superintendent from a hearing under Section 3214 of the Education law based on an appeal heard before the Board on (date). The student and his/her family should not be identified by name in the resolution.
10. The District Clerk shall send a letter to the Appellants regarding the Board's determination and, if the relief sought by the Appellants was not granted informing them of their right to appeal to the NYS commissioner of Education.
NOTE: Refer also to Regulations #731OR-- Discipline
#7313R-- Guidelines For Student Suspensions
Regulations - Regulations |