Suspension, Expulsion and Due Process Hearing

The CDC Regional Governance Board (RGB) (school board) is empowered to adopt and enforce such a policy under the provisions of T.16 V.S.A. §§ 563 and 1162.

Suspension:

Suspension is a temporary dismissal from school, and should not exceed ten days except with approval of the Regional Governance Board. For any period up to ten (10) days, suspension may be at the discretion of the Director/Designee. It may be used as a consequence for misconduct and/or insubordination, which, in the Director’s or Designee’s judgment, makes the pupil’s presence harmful to the general welfare of the school.

1. Students may be suspended immediately for one day suspension to allow for an investigation to take place that will determine whether further suspension time is warranted.
2. Parents or guardians of the student suspended shall (in all cases where reasonably possible) be notified at the start of the student’s suspension, with defined reasons for the action. Notification will be by a telephone call to be followed by a letter from the school.
3. The parents or guardians of the student suspended shall confer personally with the administration prior to the student’s re-entry to the CDC.
4. Certain Board policies (e.g. fighting) prescribe a fixed number of suspension days for specific and/or recurring offenses. In all other cases, the Director may exercise his/her judgment and prescribe suspension from one to ten days, including any suspension that is “pending parent/guardian conference.
5. During the time of suspension, a pupil’s absence in the Register will be explained as “suspension.” All rights to teacher assistance and cooperation on make-up of class work, assignments, etc, generally available to absent students will be available ‘by right’ to suspended pupils.
   
   

Expulsion

Expulsion is deemed a serious step and should never be imposed arbitrarily or automatically, but only after full and serious deliberation by both the Administration and the Regional Governing Board (RGB).

1. Expulsion (permanent dismissal) from the Southwest Vermont Regional Technical School District may be made only upon the recommendation of the Superintendent to the Regional Governing Board and a resultant majority vote for dismissal by such Board action.
2. Students may be expelled for misconduct when the misconduct makes the student harmful to the welfare of the CDC in accordance with 16 V.S.A. §1162.
3. Students who are on suspension and recommended for expulsion are entitled to a hearing before the RGB on the reasons for their expulsion.

Due Process Required for Expulsion

1. The CDC shall notify parents or legal guardians (in all cases where reasonably possible) and the student before an expulsion. A written and specific statement of charges will be mailed to the student and parents.
2. The CDC shall give a full hearing to the student, who shall have the following rights:
   (a) The right to examine evidence against himself or herself.
   (b) The right to be represented by counsel (although not at public expense).
   (c) The right to confront witnesses and examine adverse witnesses.
   (d) The right to present evidence on his or her own behalf.
3. Both parties have the right to make a record of the proceedings.
4. Decisions of school authorities shall be based upon substantial evidence and in accordance with policy and law.