FILE:  JCAA

 

DUE PROCESS

 

 

The West Baton Rouge Parish School Board mandates that all students shall be treated fairly and honestly in resolving disciplinary grievances, and/or complaints, or in the consideration of any suspension or expulsion.  Due process shall be defined as a fundamentally fair and reasonable approach to all areas of student disciplinary grievances on the part of all school officials in order not to arbitrarily deny a student the benefits of his/her educational rights.

 

Due process requires, at a minimum, the school administration to impose fundamentally fair procedures to determine whether misconduct or other improper action has occurred before any disciplinary action may be taken by the school administration, except in the case of imminent danger, or when serious disruption of the learning environment has or is taking place.  In these instances, proper procedures shall be put into effect as soon as reasonably possible following the removal of the student.

 

Due process requirements must be of a pedagogical nature and shall be concerned with fairness in addressing breaches of rules and regulation in a school setting.  The degree of procedural due process afforded in any disciplinary situation shall be dependent upon two factors:  (1) the gravity of the offense a student is alleged to have committed; and (2) the severity of the contemplated penalty.  For example, a much greater degree of procedural due process shall be applicable in an expulsion situation than in one where the penalty is a short-term suspension.

 

For ordinary punishments and suspension of less than ten (10) days due process shall require:

 

  1. The student shall be notified of the specific charge against him/her.
     

  2. If the student denies the charges he/she must be given an explanation of the evidence against him/her.
     

  3. The student must be given an opportunity to present his/her side of the story.

 

For long term suspension, ten (10) days or more or for expulsion hearing, due process shall require:

 

  1. A specific detailed list of charges
     

  2. An impartial hearing officer
     

  3. Opportunity to present witnesses
     

  4. Right to cross-examine witnesses against the accused (defined by the hearing officer)
     

  5. A transcript or some record of the proceeding
     

  6. Notice of a right to appeal

 

Full protection of procedural due process shall be afforded any student facing possible long-term suspension or expulsion.

 

 

Ref:     U.S. Constitution, Amend. XIII

U.S. Constitution, Amend. XIV, Sec. 1

Ingraham v. Wright, 97 S.Ct. 1401 (1977)

Goss v. Lopez, 95 S.Ct. 729 (1975)

Carey v. Piphus, 98 S.Ct. 1042 (1978)

 

West Baton Rouge Parish School Board