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While teachers can impose discipline such as detentions or in-school suspensions when students are disruptive or violate the school's rules, typically only principals or vice principals can impose out-of-school suspensions of students. If you face school suspension, you have the right to a hearing before the suspension is imposed. Some schools may allow you to be represented by an attorney.
Steps
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Check your suspension notice. If you are going to be suspended, the school must first send home a written notice that specifically describes the misconduct for which you are being suspended and details your procedural rights regarding the suspension. [1] X Research source
- The notice must include the date of the incident and a description of your actions that caused the school to recommend your suspension. This description must be detailed enough that you know what they're talking about.
- You typically aren't entitled to a formal hearing for a short-term suspension, but you do have the right to request an informal hearing or conference with the principal and explain your actions or present evidence in your defense.
- The suspension notice either will include a date for an informal hearing or tell you what you need to do to request one.
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Talk to your parent or guardian. The written notice typically will be addressed to your parents or guardians anyway, and they probably will want to know what happened and what you did to get in trouble.
- This is a situation in which you need to be up front and honest with your parent or guardian. If you are guilty of the infraction with which the school has charged you, don't tell your parent or guardian otherwise.
- The more open and honest you are, the easier it will be for your parent or guardian to help you. Keep in mind that they don't want you to get suspended any more than you do. It's easier to pursue alternatives to suspension if everyone has all the facts and is working with the same information.
- If there are legitimate reasons that your involvement in the incident was over-stated – say, because you happened to be caught in the wrong place at the wrong time – let your parent or guardian know.
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Submit your written request. You have the right to a hearing regarding your suspension, but not all school districts schedule them automatically. If your school only holds hearings on request, you must fill out a form or write a letter and submit it by the deadline on your suspension notice. [2] X Research source
- Your school may require the request to come from your parent or guardian instead of you directly. Make sure the form is filled out and signed by the correct person.
- If your parent or guardian refuses to sign the form or write a letter, speak to your school's guidance counselor and find out what other options are available.
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Receive notice of your hearing date. If you submitted a written request for a hearing, you typically will receive a written notice providing the date, time, and location of your hearing and how to reschedule if necessary. [3] X Research source [4] X Research source
- The notice may include additional information about the hearing procedure so you have a better idea of what to expect.
- If there are statements of your rights, read them carefully. They tell you what you can do to defend yourself in the school suspension hearing, including the types of evidence allowed, whether you can bring witnesses, and whether you can have an attorney.
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Read your school's code of conduct. Schools publish an updated version of the code of conduct each year, typically making it available on the school website. You'll need to read the rules you're charged with violating as well as the sections covering suspension procedure. [5] X Research source [6] X Research source
- Make sure the offense with which you've been charged is one listed in the school's handbook as punishable by suspension. If not, you can essentially argue that the punishment doesn't fit the crime.
- You also need to find out if your infraction results in mandatory suspension, or if there are alternatives. Typically schools will attempt alternative means of discipline and reserve suspension as a last resort.
- If alternatives are available and haven't been explored, you can bring them up at your hearing.
- The school handbook also typically has a section describing the procedures used when a student is suspended. Read these so you know what to expect.
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Request a copy of your permanent record. You have the right to review your permanent record, and it may contain information relevant to your suspension – particularly if you are being suspended as a result of cumulative disciplinary infractions. [7] X Research source
- Check your record against the school's handbook to determine if suspension is appropriate. For example, if your school has a "three strikes" type of rule that mandates suspension after three incidents resulting in in-school suspension in one semester, you may be off the hook in terms of the suspension if you can show you were sent to in-school suspension twice last year, but only once this semester.
- You also should look for positive marks or notes on your record. You can use these in your defense to demonstrate that the behavior was out of character for you.
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Talk to witnesses. If anyone saw the incident that led to your suspension, they may be willing to make a statement in your defense. You also might be able to get teachers or coaches to write character reference letters. [8] X Research source
- Teachers and coaches who are willing to speak up in your defense can be excellent witnesses – both as character references and as eyewitnesses to the incident itself, if they were there.
- Be cautious about taking statements from fellow students, particularly if they also were implicated in the incident or are facing disciplinary action for an identical or similar infraction.
- If the principal thinks you and the other student made a deal with each other to provide supportive witness testimony for each other, the student's statements could end up doing you more harm than good.
- For informal suspension hearings, you may not be able to bring witnesses with you. However, you typically can have them give you written statements to present to the principal or hearing officer.
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Consider consulting an attorney. Often you can't have an attorney represent you at a suspension hearing, particularly if you're only being suspended for a few days. However, an attorney may provide helpful information to you regarding your rights. [9] X Research source [10] X Research source
- Particularly if you have special needs that may have affected your behavior, you have rights in a disciplinary situation that differ from other students. An attorney can explain these to you.
- Since you typically won't be able to consult with or hire an attorney on your own, talk to your parent or guardian if you think an attorney could benefit your defense.
- Your parent or guardian may be worried about attorney's fees. However, many attorneys provide a free initial consultation, and you can use this to your advantage.
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Organize your evidence. Before the date of your hearing, take some time to put any documents, statements, or affidavits in order and make an outline of what you plan to say in your defense at the hearing. [11] X Research source [12] X Research source
- Your appearance and demeanor can play a large part in the outcome of your hearing. For this reason alone, it's important to be prepared.
- As in a criminal trial, you have the right to remain silent at your hearing. However, when you do defend yourself, nothing you say can be used in any other proceeding – not a school disciplinary hearing on another matter, nor in any juvenile court proceeding.
- Make detailed notes of what you want to say, and practice speaking in front of a mirror or using your family members as an audience. Keep practicing until you feel comfortable and confident about the statement you've prepared.
- Keep any documents or evidence you plan to show the principal or hearing officer neat and in good condition. It's a small thing, but if someone gives you a written statement and you keep the paper unwrinkled and clean, it shows that you're capable of exercising respect and good care.
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Appear at the scheduled date and time. You cannot defend yourself if you don't show up. Plan on arriving early and dress appropriately for the occasion in clean, conservative attire. Treat everyone in the office with politeness and respect, and take the situation seriously. [13] X Research source [14] X Research source
- If your school has a uniform, plan on wearing that – even if your hearing doesn't take place on a school day, or a time when school is in session.
- Otherwise, dress as you would for a job interview or a respectful ceremony such as graduation.
- Stand up straight and look the principal or hearing officer in the eye. Don't speak unless you are asked a question or told you can speak.
- If the principal asks you a question, stop speaking and answer him or her immediately. Don't resume talking until the principal signals for you to continue.
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Listen to the charges against you. Whether it is in front of an independent officer from the school board or your school's principal, a school suspension hearing typically opens with a description of the incident that led to the disciplinary action and the school rules you've been accused of violating. [15] X Research source [16] X Research source
- Pay attention, and be mindful of your body language. Hold your hands behind your back if you're prone to fidgeting. You don't want to cross your arms and appear defiant.
- You also want to avoid sighing, rolling your eyes, or otherwise looking as though you don't care about what's being said.
- Don't interrupt, even if you disagree with something that was said. You will have a chance to speak later, but if it simply can't wait, raise your hand. The principal either will ask what's on your mind or tell you to wait.
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Present your arguments and evidence. You will have the opportunity to speak in your own defense and provide any explanations, excuses, or evidence that supports your statements. Speak slowly in a calm manner and stick to the facts rather than attempting emotional appeals. [17] X Research source [18] X Research source
- When you're speaking, address the principal either as "sir" or "ma'am" unless your school has a specific mode of address preferred for administrative officials.
- Refrain from using casual phrases or slang as much as possible, and avoid curse words at all costs.
- If you're interesting in alternatives to suspension, such as community service, express this interest to the principal. Keep in mind the principal probably doesn't want to suspend students either, if he or she has any alternative that will achieve the same goals.
- Express your regret for your role in the incident where appropriate. If there are people harmed as a result, you might mention any actions you've taken to make amends with those people.
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Receive the hearing officer's decision. After discussing the matter with you, the principal or other hearing officer will decide whether to uphold the suspension or employ some alternate means of punishment. Typically they'll let you know the decision right away, although you should also receive written notice in the mail a few days later. [19] X Research source
- If the principal or hearing officer decides to go forward with the suspension, you typically will get information regarding how you can appeal that decision.
- You only have a limited period of time to appeal the decision. An appeal may be a good idea if you believe you were unfairly suspended, or if there was evidence or information you weren't able to discuss at the informal hearing.
- Even if you will have already served out your suspension by the time your appeal is heard, a successful appeal can keep the suspension off your permanent record, so it won't continue to affect you in the future.
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References
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ http://www.peoples-law.org/school-disciplinary-procedure
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ https://www.aclunc.org/our-work/know-your-rights/school-discipline
- ↑ https://legal-info.lawyers.com/research/education-law/school-discipline.html
- ↑ https://legal-info.lawyers.com/research/education-law/school-discipline.html
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ http://www.peoples-law.org/school-disciplinary-procedure
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ http://www.peoples-law.org/school-disciplinary-procedure
- ↑ https://legal-info.lawyers.com/research/education-law/school-discipline.html
- ↑ http://www.peoples-law.org/school-disciplinary-procedure
- ↑ https://legal-info.lawyers.com/research/education-law/school-discipline.html
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ https://legal-info.lawyers.com/research/education-law/school-discipline.html
- ↑ http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension
- ↑ http://www.peoples-law.org/school-disciplinary-procedure
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