The Expulsion Hearing

Roles and Responsibilities

The Chairperson will

Round Bullet  conduct the hearing in an orderly manner.

Round Bullet  provide an opportunity for full presentation of testimony and evidence from
both sides.

Round Bullet  assist the panel in arriving at a decision based solely on the testimony and
direct evidence presented al the hearing

Round Bullet  will sign the "Finding of Facts" with the panel's recommendations to the
Board of Education.

Members of the Hearing Panel will

Round Bullet  arrive fifteen (15) minutes prior to the hearing.

Round Bullet  listen impartially to all testimony and review all documents presented.

Round Bullet  determine if the evidence is sufficient to warrant an expulsion.

Round Bullet  ascertain from the evidence if the presence of the student on campus would pose a real or implied threat to other students on campus.

Round Bullet  render a decision based solely on the evidence and testimony.

Round Bullet  develop recommendations for the Board of Education.

Round Bullet  will sign the "Finding of Faces" with the panel's recommendations to the Board of Education.

The District Representative will

Round Bullet  reproduce and distribute all necessary documents and materials.

Round Bullet  make an audio recording of the proceedings.

Round Bullet  make a formal recommendation to the hearing panel.

Round Bullet  prepare a report for members of the Board of Education.

Round Bullet  maintain all documents and safeguard all evidence.

Round Bullet  correspond with all parties prior to and after the hearing.

The School Representative will

Round Bullet  arrive at least fifteen (15) minutes prior to the hearing.

Round Bullet  arrange for the interpreter if needed.

Round Bullet  gather all evidence and prepare documents for the hearing.

Round Bullet  prepare all witnesses and make arrangements for their testimony and transport.

Round Bullet  present the facts of the case fairly, factually, and without prejudice.

Round Bullet  testify how the student poses a real or implied threat to the safety of students on campus.

The Board of Education will

Round Bullet  review the "Findings of Facts" in a fair and objective manner.

Round Bullet  clarify with the Superintendent any questions regarding the hearing or the law.

Round Bullet  render a decision on the evidence and testimony provided at the hearing in closed session, pursuant to the law.

Administrative Hearing Protocol

1.   Chairperson's Comments
      The Chairperson

Round Bullet  opens hearing "on the record" and explains tape recording.

Round Bullet  introduces self, panelists, district, and site representatives.

Round Bullet  reviews rules of evidence and jurisdictional documents.

2.   Opening Statement by the School
      The site administrator makes the opening statement and introduces the case and charges against the student.

3.   Opening Statement by Student/Representative
      The student or the student's representative may make an opening statement.

4.   Presentation or Case by the School Representative
      The school administrator

Round Bullet  is sworn in and reads the narrative of the Summary Report

Round Bullet  introduces the documents in the expulsion packet.

Round Bullet  may be questioned by the chairperson, district representative or panelists.

Round Bullet  may be cross-examined by the student or representative.

Round Bullet  calls witnesses.

The witness

Round Bullet  is sworn in and testifies to his/her knowledge of the incident.

Round Bullet  may be questioned by school or district representatives and the panelists.

Round Bullet  may be cross-examined by the accused student or student's representative.

5.   Presentation of Evidence by the Accused Student
      The student may restify on his/her own behalf. If he/she does, he/she

Round Bullet  is sworn in and testifies to his/her knowledge of the incident.

Round Bullet  may be questioned by his/her representatives.

Round Bullet  may be cross-examined by the panelists, school or district representatives .

Round Bullet  may introduce evidence or other documents and may call witnesses.

The witness

Round Bullet  is sworn in and testifies to his/her knowledge of the incident

Round Bullet  may be questioned by the accused student or student's representative.

Round Bullet  may be cross-examined by the panelists, school or district representatives.

6.   Closing Statement by the District Representative
      The District Representative

Round Bullet  makes formal recommendation to the hearing panel.

7.   Closing Statement by the Student/Representative
      The Student/Representative may make closing comments.

8.   Chairperson Closes the Hearing
      All leave the room. The panel begins deliberations.


Details for staff witnesses

1. Arrange for a substitute, if needed.

2. Keep the staff member informed of any changes of date/time.

3. Direct the staff to Student Service's Office in order to avoid contact with the accused student who may be seated in the lobby area

Details for student witnesses

1. Contact the parent of the witness to explain the procedures and obtain permission. Keep the parent and student informed of any changes of date/time.

2. Student witness may bring parent or another person to support him/her during the testimony.

3. Inform teacher and the attendance office of the absence. Absence is excused.

4. Confirm transportation arrangements with the parent. Direct the parent and student to the Student Services Office.

Dealing with Attorneys

Parents have the right to be represented by legal counsel or other representatives. If you are dealing with a case that involves an attorney, contact Student Services immediately. DO NOT HAVE ANY CONVERSATIONS OR RELEASE ANY DOCUMENTS TO AN ATTORNEY. REFER ATTORNEYS TO STUDENT SERVICES AT THE DISTRICT OFFICE. You should refer all inquiries, subpoenas, and requests for records to the district office for direction in handling the situation. Whatever you do, don't volunteer information, even "off the record" without direction from the district administrator. During the hearing, many attorneys think they are arguing a case before the Supreme Court. The Chairperson will keep the proceedings in order. Try not to get flustered, or feel tricked in the questioning. Seek advice from district administration prior to the hearing about how to respond to questions. Relax, be your confident self.

 

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