SUSPENSION AND EXPULSION

A school policy may lawfully provide for penalties of varying

severity, including suspension and expulsion, to respond to

drug-related offenses. The Supreme Court has recently held that

because schools "need to be able to impose disciplinary sanctions for

a wide range of unanticipated conduct disruptive of the educational

process," a school's disciplinary rules need not be as detailed as a

criminal code.[17] Nonetheless, it is helpful for school policies to

be explicit about the types of offenses that will be punished and

about the penalties that may be imposed for each of these (e.g., use,

possession, or sale of drugs). State and local law will usually

determine the range of sanctions that is permissible. In general,

courts will require only that the penalty imposed for drug-related

misconduct be rationally related to the severity of the offense.

School officials should not forget that they have jurisdiction to

impose punishment for some drug-related offenses that occur off

campus. Depending upon State and local laws, schools are often able to

punish conduct at off-campus, school-sponsored events as well as

off-campus conduct that has a direct and immediate effect on school

activities.

_Procedural Guidelines_

Students facing suspension or expulsion from school are entitled under

the U.S. Constitution and most State constitutions to common sense due

process protections of notice and an opportunity to be heard. Because

the Supreme Court has recognized that a school's ability to maintain

order would be impeded if formal procedures were required every time

school authorities sought to discipline a student, the Court has held

that the nature and formality of the "hearing" will depend on the

severity of the sanction being imposed.

A formal hearing is not required when a school seeks to suspend a

student for 10 days or less.[18] The Supreme Court has held that due

process in that situation requires only that:

. The school must inform the student, either orally or in writing,

of the charges against him and of the evidence to support those

charges.

. The school must give the student an opportunity to deny the

charges and present his side of the story.

. As a general rule, this notice and rudimentary hearing should

precede a suspension. However, a student whose presence poses a

continuing danger to persons or property or an ongoing threat of

disrupting the academic process may be immediately removed from

school. In such a situation, the notice and rudimentary hearing

should follow as soon as possible.

The Supreme Court has also stated that more formal procedures may be

required for suspensions longer than 10 days and for expulsions.

Although the Court has not established specific procedures to be

followed in those situations, other Federal courts[19] have set the

following guidelines for expulsions. These guidelines would apply to

suspensions longer than 10 days as well:

. The student must be notified in writing of the specific charges

against him which, if proven, would justify expulsion.

. The student should be given the names of the witnesses against

him and an oral or written report on the facts to which each

witness will testify.

. The student should be given the opportunity to present his own

defense against the charges and to produce witnesses or

testimony on his behalf.

Many States have laws governing the procedures required for

suspensions and expulsions. Because applicable statutes and judicial

rulings vary across the country, local school districts may enjoy a

greater or lesser degree of flexibility in establishing procedures for

suspensions and expulsions.

School officials must also be aware of the special procedures that

apply to suspension or expulsion of handicapped students under Federal

law and regulations.[20]

_Effect of Criminal Proceedings Against a Student_

A school may usually pursue disciplinary action against a student

regardless of the status of any outside criminal prosecution. That is,

Federal law does not require the school to await the outcome of the

criminal prosecution before initiating proceedings to suspend or expel

a student or to impose whatever other penalty is appropriate for the

violation of the school's rules. In addition, a school is generally

free under Federal law to discipline a student when there is evidence

that the student has violated a school rule, even if a juvenile court

has acquitted (or convicted) the student or if local authorities have

declined to prosecute criminal charges stemming from the same

incident. Schools may wish to discuss this subject with counsel.

_Effect of Expulsion_

State and local law will determine the effect of expelling a student

from school. Some State laws require the provision of alternative

schooling for students below a certain age. In other areas, expulsion

may mean the removal from public schools for the balance of the school

year or even the permanent denial of access to the public school

system.

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