Administrator Handbook

Students

File: 4025 – Appeal of Student Suspension

  1. The superintendent or the principal, assistant principal or other administrator may suspend a student from school for misconduct specified in the Student Code of Conduct. No period of suspension will be for more than ten (10) school days. If at the time a suspension is imposed there are fewer than ten (10) school days remaining in the school year, the superintendent may apply any remaining part or all of the period of the suspension to the following school year.
  2. The superintendent (or designee) may require a student to perform community service in conjunction with or in place of a suspension if, in the superintendent's (or designee's) discretion, the situation warrants. The superintendent (or designee) may impose a community service requirement beyond the end of the school year in lieu of applying the suspension into the following school year.
  3. Prior to suspending a student, the superintendent or principal shall:
    1. Give the student written notice of the intention to suspend the student and the reasons for the contemplated suspension.
    2. Provide the student an opportunity to appear at an informal hearing to challenge the reasons for the contemplated suspension or otherwise to explain the student’s actions.
    3. Make an attempt to notify the parent(s) by telephone if a suspension is issued.
  4. If a student’s The superintendent (or designee) may require a student to perform community service in conjunction with or in place of a suspension if, in the superintendent's (or designee's) discretion, the situation warrants. The superintendent (or designee) may impose a community service requirement beyond the end of the school year in lieu of applying the suspension into the following school year.
  5. Within one (1) school day after the time of a student’s suspension, the superintendent or principal shall notify in writing the parent, guardian or custodian of the student and the treasurer of the Board of Education of the suspension. The notice shall include notification of:
    1. The reasons for the suspension;
    2. The right of the student or the student’s parent, guardian, or custodian to appeal the suspension to the Board of Education’s designee;
    3. The right to be represented in all appeal proceedings;
    4. The right to a hearing before the Board of Education’s designee in order to be heard against the suspension;
    5. The right to request that the hearing be held in private session; and,
    6. Permanent exclusion – If the offense is one for which the district may seek permanent exclusion, the notice will contain that information.
  1. Appeal Procedure

    Suspension may be appealed to the Board of Education’s designee.

    The appeal of a suspension will not delay the implementation of the suspension. The Board of Education's designee shall make a verbatim record of an appeal hearing. The superintendent (or the superintendent’s designee) is designated as the board’s designee to hear suspension appeals. If, through the appeal process, the suspension is overturned, a tutor will be provided, at Board of Education expense, if requested by the parent, guardian or custodian. Such tutoring services will be equal to the number of days of suspension, which will be one hour of tutoring for each day of suspension.

    The pupil, parent, guardian or legal custodian may file an appeal of the administrative decision to suspend or expel a pupil to the Board of Education or designee by filing a notice of appeal in writing with the Treasurer within fourteen (14) calendar days of the formal written notice of suspension or expulsion to the parent, guardian or custodian of the pupil. Failure to timely file an appeal in this manner waives any right to appeal the suspension or expulsion.

    Decisions of the Board of Education’s designee may be appealed under Chapter 2506 of the Ohio Revised Code to the Delaware County Court of Common Pleas.

  2. The provisions of this Student Suspension Policy shall not be construed to require notice and hearing in the case of normal disciplinary procedures in which a student is removed from a curricular or extracurricular activity for a period of less than one (1) school day and is not subject to suspension.

[Second Adoption date: October 1, 2007]
[Adoption date: October 26, 2004]