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.