7:200-E1 Suspension Process Administrative Support

Investigation

No Investigation Warranted

Some instances of misconduct do not require an investigation before discipline can occur. For example, if a principal personally witnesses a student do something wrong, the principal does not need to conduct an extensive investigation before confronting the student. Yet, the administrator must still notify the student of the charge against him/her and give the student the opportunity to respond (See Notice and Opportunity to Respond, below). This allows the student an opportunity to explain his/her actions and avoid an unfair or mistaken charge.

Investigation Warranted

Often, no administrator personally witnesses a student’s misbehavior and the student denies any wrongdoing. In such instances, the administrator needs to conduct an investigation before suspending the student. An administrator always has the right to thoroughly investigate an incident before confronting a student with a charge.

  1. Document each step of the investigation.
  2. Maintain written record of who you spoke to, when, and what was said.
  3. Speak to only one student at a time.
  4. You may speak to a student without their parent’s permission/knowledge.
  5. Consider whether to have another unbiased adult present when questioning a student.
  6. Do not coerce or intimidate any student.
  7. Do not promise complete anonymity to a student witness. Assure the student that their participation will remain as confidential as possible, but that it might be necessary to identify them or ask that they participate further in the disciplinary proceedings.
  8. When possible, ask each student to write and sign a statement of their observation/knowledge.

Notice and Opportunity to Respond

Before a student can be suspended, he must be given oral or written notice of the charge against him/her, and an opportunity to respond to the charge.

  1. This is referred to as a “pre-suspension hearing,” although it is not a hearing, but rather an informal conversation with the accused student.
  2. The pre-suspension hearing may happen immediately after the incident necessitating possible discipline, or it can occur after an appropriate investigation.
  3. The pre-suspension hearing can occur without the parent’s permission/knowledge.
  4. Consider whether to have an unbiased adult present when meeting with the student.
  5. At the pre-suspension hearing, describe the factual allegations against the student. Do not mention that the student is subject to discipline/suspension/expulsion until after the student has had a chance to tell his/her side of the story.
  6. If the student denies the charge, explain some or all of the evidence against the student. Again, listen to the student’s side of the story, and ask him/her to put his statement in writing.
  7. Based on the student’s response to the charge (denying the charge; or identifying someone else as the perpetrator, etc.), you may need to investigate the matter further before deciding to suspend the student. Are there additional students who should be interviewed? Any evidence (i.e., surveillance tape) to review?
  8. If the charge involves drugs, involve the District’s police liaison officer or police to determine whether the substance is, in fact, an illegal drug or controlled substance.
  9. Maintain an open mind during the investigation. Even if you have personally witnessed the student’s misconduct, you must consider the student’s response/explanation in deciding whether to suspend the student.
  10. You may confer with another administrator to determine the appropriate discipline.
  11. Notify the student’s case manager and/or the Director of Student Services if the student has an IEP or Section 504 plan.

EXCEPTION: In an emergency, where a student is creating an ongoing danger to himself, others or property, the student may be suspended without notice and an opportunity to respond as long as a ‘pre-suspension hearing’ is scheduled as soon as possible. Examples of such emergency situations include the presence of a gun-wielding student or a student who is setting fire to the school building.

Notice of Disciplinary Action

Principals, assistant principals and deans are authorized to suspend students for gross disobedience or misconduct. When the decision has been made to suspend a student, the following steps should be followed:

  1. Identify the correct section of school handbook that has been violated. If this is not selfevident, seek assistance from another administrator.
  2. Identify the correct section of the school handbook that has been violated. If this is not self-evident, seek assistance from another administrator.
  3. Prepare a written letter to parents informing them of their child’s suspension (see Exhibit 2: Sample Suspension Letter).
  4. Contact the parents immediately by telephone to inform them of their child’s suspension.
  5. Pursuant to Section 10-22.6(b) of the Illinois School Code, 105 ILCS 5/10-22.6(b), the written letter must provide a full statement of the reasons for the suspension, the duration of the suspension, and a notice of the parents’ right to a review hearing.
  6. Send the written notice home to the parent after making personal contact with them.
  7. Discuss the possibility of expulsion with the central office administration. If the child has an IEP or Section 504 plan, involve the Director of Student Services in this discussion.

See Exhibit 2: Sample Suspension Letter

Suspension Review Hearing

A suspension review hearing will take place before a hearing officer.

  1. Be prepared to provide each of the following three elements in a suspension review: a). The student received a pre-suspension hearing prior to the suspension; b) The student received adequate notice of the review hearing; c) The student violated a Board policy or gross misconduct.
  2. Introduce into evidence any written documents pertinent to the case, including: a) Opening statement summarizing why the student was suspended; b) Notice of Suspension to Parents; c) Notice of Suspension Hearing (where applicable); d) Excerpt of Board Policy regarding student discipline; e) Excerpt of Student Handbook describing student discipline; f) Written proof of student’s receipt of Student Handbook; g) Summarized, written witness statements; h) Relevant excerpts from the student’s school record, including attendance reports, grades, disciplinary record, etc.
  3. Ask questions of the suspended student, and/or his witnesses
  4. Make a closing statement (optional), asking the hearing officer to uphold the suspension

Student’s Basic Rights

Although a student is not entitled to all rights granted to a defendant in a criminal proceeding, the following basic fundamental rights of procedural due process govern the student disciplinary hearing:

  1. The right to be represented by legal counsel.
  2. The right to inspect all documents, exhibits or other written material at the time they are presented at the hearing.
  3. The right to cross-examine all witnesses who give evidence against the student.
  4. The right to present counter-documents, exhibits and witnesses in support of the student’s defense.
  5. The right to request that each witness be excluded from the hearing during all stages of the hearing except when that particular witness is testifying.
  6. The right to remain silent and not discuss any matters presented at the hearing.
  7. The right, at the conclusion of the hearing, to make a statement in defense, explanation or mitigation of the student’s conduct.

Production of Witnesses for Suspension Hearings

Depending on the specific circumstances, the District may have a responsibility to produce witnesses requested by the student to testify in his defense. Where the student requests the presence of a District employee who has personal knowledge pertinent to the disciplinary matter, the school should make the employee available to testify. If the student requests that numerous employees be available to testify, the District should entertain the request unless the testimony of each employee is duplicative or the request is otherwise unreasonable.

The District’s obligation to make students available to testify in defense of the student/respondent varies with the timing of the hearing. If the hearing is held outside of school hours, the student is responsible for producing his own witnesses. If the hearing is held during school hours, the school may excuse a student from class to testify on behalf of the student only with prior notice and consent of the student’s parent. As with adult witnesses, the fact-finder may limit the number of student witnesses where their testimony is duplicative or the request is otherwise unreasonable.

Where a student witness expresses a legitimate fear of retaliation by the disciplined student, that individual’s testimony may be given anonymously by an administrator or teacher (i.e., “Student X stated to me that she saw Sam kick Billy” rather than “Suzy stated to me that she saw Sam kick Billy.”) The student would then have the right to cross examine the administrator or teacher, but not the student with firsthand knowledge.

Date Adopted:  1/11/2012

Batavia Public School District 101