503.2R1 - Expulsion Procedure

1.  Suspension of a student

The superintendent, principal, or associate principal, after hearing, may temporarily suspend any student for violation of the regulations, rules and discipline policy of the Fairfield Community School District and will give notice of such temporary dismissal will not exceed ten (10) days out of school or recommend to the board that the student be expelled.  Some acts, on campus or at any school function, for which suspension or expulsion should be considered are:

1. Persistent absence or tardiness;
2. Open or persistent defiance of authority and/or rules and regulations;
3. Threatening, striking or assaulting any school employee;
4. Threat or use of physical force upon another student which is not used in the defense of one’s safety;
5. Threat of physical assault on another pupil to obtain money or materials of value;
6. Damaging school property;
7. Habitual profanity;
8. Theft;
9. Failure to abide by corrective discipline measures such as detention, etc.;
10. Possession of a weapon;
11. Use, possession or sale of liquors, narcotics;
12. Smoking;
13. Any act committed by a student which is detrimental to the health or physical wellbeing of another.

2.           Procedure for hearing of expulsion recommendation

1. 1. The administration will prepare a statement/notice in writing in duplicate, duly describing the alleged misconduct, and the reason the administration is recommending that the student be expelled from school, and advising the student of the time and place of hearing, at which the student, the student’s parents, or anyone the student chooses as a representative may appear and present such facts and statements which seem to be pertinent.  At which time and place, the Board of Directors will hear all facts presented and will take such action which it deems necessary and proper, pursuant to the rules and regulations and the discipline policy of the Fairfield Community School District and the laws of the State of Iowa.  Evidence must be given to student's family 3 business days prior to hearing.
2. 2. One copy of the notice will be filed with the president of the Board of Directors and another served upon the student.  The administration will endeavor to obtain service upon the student by serving the student personally, in which case the person serving the notice will make proper acknowledgment of service himself or herself, or by obtaining the student’s acknowledgment of service.  If the administration is unable to obtain such an acknowledgment, it may mail the complaint by registered mail to the student’s last local address, according to the records of the school district. Once there is a decision to recommend expulsion, the parent and student will be notified of such in writing. The hearing will be held on a date not later than ten (10) school days subsequent to the date of temporary suspension.
   3. Promptly following the receipt of a copy of the notice and of the acknowledgment or certification of service, the school board will schedule an expulsion hearing. Discussion of student discipline matters is in closed session, in accordance with Iowa Code, unless the parent and student request open session.
   4. At the hearing, the student may be accompanied by the student’s parents, by legal counsel, or by any other advisor of the student’s choice.  The school district may also  be advised by its legal advisor.  The hearing panel, in its discretion, may postpone the  hearing upon request when it deems such postponement necessary or appropriate; but a request for postponement for the convenience of legal counsel will ordinarily be refused.
   5. If the student should desire a more expeditious and informal procedure, the student may so indicate.  The hearing panel will make every effort to work out such a procedure with the student.
   6. At the hearing, the student may respond to the complaint orally or in writing. The response may admit or deny the allegations of the notice in whole or in part. The student may also offer any explanation or comment that the student believes relevant or appropriate.   
   7. The parties to the hearing, directly or through their legal advisors, may introduce evidence, witnesses to testify, or statements in writing; and they may testify in their own behalf.  To the extent that either party may rely on written statements as evidence, the party will clearly indicate how and from what source the evidence has been obtained.  Each party will have an opportunity to question   any witnesses, either directly or through legal counsel, or other advisor.  If the hearing panel should find it necessary to limit the number of witnesses in order to protect the hearing against disruption, confusion or unwarranted dilatory tactics, it will have the authority to do so.  The proceeding will be administrative and will not be conducted as an adversary proceeding.
   8. If the student will fail to appear at the hearing or if, having appeared, make no response to the complaint, the hearing panel will nevertheless invite the school administration to submit evidence in support of the complaint.
   9. If a party to the hearing should deliberately conduct itself in a manner disruptive of the hearing, the hearing panel will be authorized to exclude the party and    to proceed with the hearing as if the party had not personally appeared.
   10. Provisions will be made either for a transcript or for a verbatim record in the form of a tape recording of the hearing.  The complaint, the student’s response, the transcript or record, and all other papers in the proceeding except the final disposition of the case, will be for use only in the proceeding and in the internal processes of the school district related thereto; and that no such transcript, record or papers will  be voluntarily disclosed to any person outside the school district, except with the student’s consent.
   11. The hearing panel will consider all relevant evidence introduced at the hearing and make its findings of facts.  No matter not introduced as evidence at the hearing will be considered in making such findings.  Improperly acquired evidence will be excluded.
   12. Within five (5) days after the hearing, the school board will consider the relevant evidence and determine such disciplinary action as it deems to be appropriate, based upon the relevant evidence and the findings of facts of the hearing panel, together with the student’s prior record, as submitted by the school administration, and consistent with the rules and regulations and the discipline  policy of the school district and the laws of the State of Iowa.  The entire record, as submitted, will be open to the student for inspection.  The school board will properly notify the student, as well as the superintendent, or the person designated  by him, concerning the board’s findings of facts and determination.
   13. Within three (3) days after receiving notice of expulsion or other disciplinary action,   the student may request reconsideration by the school board stating the reasons.  The school board, in its discretion, may deny such request and proceed to give effect to the expulsion or other disciplinary action; or it may grant the request and, after reconsideration, either amend or confirm its determination.  It will then proceed to give effect to its final determination.

 

 

Approved: Sept 26, 2016, June 18, 2018          
Reviewed:  Jul 25, 2016, May 21, 2018
Revised:  Jul 25, 2016, May 21, 2018