JG/JGD/JGE-AR 2 - Discipline - Expulsion Order Appeal
Any student subject to an order of expulsion may appeal the order to the School Board. All expulsion orders shall contain a notice that a request to appeal the order must be submitted, in writing, to the Superintendent within ten (10) days of the date the order is issued.
Upon receipt of the request for an appeal of the expulsion order, the Superintendent shall set a time and place for the appeal hearing and notify the School Board, the student and the student’s parents or guardians.
At least three (3) days prior to the time set for the hearing, the Superintendent shall deliver to the School Board, student, and the student’s parents or guardians, a copy of the hearings officer’s decision and the expulsion hearing record. If the decision is appealed to the School Board for review, the School Board shall be provided findings as to the facts and the decision of the hearings officer. The record established by the hearings officer is the only record to be reviewed on appeal. No additional testimony or evidence shall be received or reviewed by the School Board on appeal except with regard to sanction, and the parties shall be so informed when a copy of the record is delivered.
The standard of review on appeal shall be whether:
- The hearings officer’s decision is supported by substantial evidence;
- The hearings officer’s conclusions flow logically from the findings of fact. The hearings officer’s decision to impose an expulsion is reviewable on appeal. Parties may present evidence and arguments relevant to the severity of the sanction imposed, but shall not repeat arguments and evidence already in the record. The School Board shall use its judgement to determine whether expulsion is the appropriate penalty based on the facts and the law.
At the hearing, the student and/or the student’s parents or guardians shall first present their argument for overturning the expulsion order and the administration shall then be given the opportunity to argue why the order should be sustained. The School Board shall make inquiries of either party regarding their arguments. At the conclusion of the arguments, the School Board will excuse the parties and deliberate. After deliberating, the School Board will recall the parties and announce its decision. The School Board shall either sustain, overturn the order, or remand the order to the hearings officer to reconsider his/her decision in light of the School Board’s decision, or impose a penalty less severe than expulsion.