Policy 4360

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APPEALS OF CONSEQUENCES NO GREATER THAN SHORT-TERM SUSPENSION   Policy Code:   4360

A student may appeal to the superintendent any disciplinary consequence imposed by a school administrator. The appeal must be in writing and must be received by the superintendent within three days of the disciplinary action. The consequence imposed by the school administrator need not be postponed pending the outcome of the appeal. However, either the principal or superintendent may decide to postpone the consequence until after the superintendent’s review.

The student may submit in writing any statement or evidence to support his or her position. The principal must submit in writing a description of the misbehavior, and the board policy, school standard or rule that was violated and the basis for the consequence imposed. Unless the superintendent determines that evidence cannot be fairly presented in this manner, the written documents will constitute the record reviewed by the superintendent.

The superintendent must make a written decision within two school days of receiving the documents. The superintendent may uphold, modify, or reverse the school administrator’s decision. The superintendent cannot impose a more severe consequence unless necessary to comply with board policy. If the superintendent determines that the student did not violate any board policy, school standard or rule, any reference to the alleged misbehavior is to be removed from the student’s record.

A student may petition the board for a hearing to review the superintendent’s decision. The petition for review must be in writing and must be received by the superintendent within three days of when the student received the superintendent’s decision. The board will decide whether to grant a hearing. If the board grants a hearing, the board or panel of the board will review the superintendent’s decision and other documents reviewed by the superintendent including those submitted by the principal or student. The board will review the superintendent’s decision to be sure that (1) there was a reasonable basis for determining that the student engaged in the specified misbehavior; (2) that a board policy, school standard or rule was violated; (3) that the consequence for the violation was reasonable; and (4) that procedures required by board policy were followed. Hearing procedures will follow board policy 4370, Student Discipline Hearing Procedures.



Legal References: G.S. 115C-45(c), -47, -391

Cross References: Short-Term Suspension (policy 4351), Removal of Student During the Day (policy 4352), Student Discipline Hearing Procedures (policy 4370)

Adopted: December 11, 2000

Revised: August 28, 2006

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