I. Formal Due Process – Appropriate For Expulsions and Some Suspensions
1. Traditional Requirements of Formal
Due Process:
a. Student must be notified in writing
of specific charges against he/she. The notice should set forth
the procedures to be followed and the procedural rights available to
the student.
b. Suspend student pending hearing if student poses danger or threat.
c. Notify appropriate individual, by registered or certified mail, of
hearing and the right to be represented by counsel.
2. Recent Trend is to Provide Student Greater Access
a. Names of witnesses
b. Written reports/statements
c. School policies/procedures
3. Provide Student with List of Evidence Against Him, Including Names
of Witnesses (Unless Fear of Reprisal Exists) and Evidence to be
Presented
a. Colquitt v. Rich Twp. High School
Dist. (Ill. App. Dist. I, 1998): Admission of hearsay testimony of
student witnesses (written statements denied student procedural due
process. Right to cross-examine was imperative in case as outcome
depended on witness credibility.
b. Colquitt indicates the additional scrutiny courts are utilizing in
reviewing student discipline hearings. If district is to rely on
student statements, need to show; I) student unavailable; or ii) show
significant safety risk.
c. School has no subpoena power to compel attendance of witnesses at
hearing.