Procedural Guidelines
Students facing suspension or expulsion from school are entitled under the U.S. Constitution and most State constitutions to common sense due process protections of notice and an opportunity to be heard. Because the Supreme Court has recognized that a school's ability to maintain order would be impeded if formal procedures were required every time school authorities sought to discipline a student, the Court has held that the nature and formality of the "hearing" will depend on the severity of the sanction being imposed.
A formal hearing is not required when a school seeks to suspend a student for 10 days or less.[ [18] The Supreme Court has held that due process in that situation requires only that:
- The school must inform the student, either orally or in writing, of the charges against him and of the evidence to support those charges.
- The school must give the student an opportunity to deny the charges and present his side of the story.
- As a general rule, this notice and rudimentary hearing should precede a suspension. However, a student whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be immediately removed from school. In such a situation, the notice and rudimentary hearing should follow as soon as possible.
The Supreme Court has also stated that more formal procedures may be required for suspensions longer than 10 days and for expulsions. Although the Court has not established specific procedures to be followed in those situations, other Federal courts[ [19] have set the following guidelines for expulsions. These guidelines would apply to suspensions longer than 10 days as well:
- The student must be notified in writing of the specific charges against him which, if proven, would justify expulsion. testimony on his behalf.
- The student should be given the names of the witnesses against him and an oral or written report on the facts to which each witness will testify. testimony on his behalf.
- The student should be given the opportunity to present his own defense against the charges and to produce witnesses or testimony on his behalf.
Many States have laws governing the procedures required for suspensions and expulsions. Because applicable statutes and judicial rulings vary across the country, local school districts may enjoy a greater or lesser degree of flexibility in establishing procedures for suspensions and expulsions.
School officials must also be aware of the special procedures that apply to suspension or expulsion of handicapped students under Federal law and regulations.[ [20]
Effect of Criminal Proceedings Against a Student
A school may usually pursue disciplinary action against a student regardless of the status of any outside criminal prosecution. That is, Federal law does not require the school to await the outcome of the criminal prosecution before initiating proceedings to suspend or expel a student or to impose whatever other penalty is appropriate for the violation of the school's rules. In addition, a school is generally free under Federal law to discipline a student when there is evidence that the student has violated a school rule, even if a juvenile court has acquitted (or convicted) the student or if local authorities have declined to prosecute criminal charges stemming from the same incident. Schools may wish to discuss this subject with counsel.