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Appendix C: A Principal's Guide to the Disciplinary Process

 

 

Student Violates Code of Conduct

Procedure:

Identify the Offense

bullet

Level IV Offense;

bullet

Criminal Act;

bullet

Gross Misconduct;

bullet

Neglect or Refusal to follow School Rules;

bullet

Knife Possession;

bullet

Gun Possession.

 

Determine Need for Police Report

Procedure: All Criminal Acts are Reported to the Police. See NH Safe School Zone Act, NH RSA 193-D:1
Time Frame: Immediately

 

 

Suspend Student for Ten (10) Days

Procedure: See Code of Conduct for Building Level Suspension
Time Frame: Immediately

 

 

File Initial Report

"Request for Extended Suspension and/or Expulsion"

Procedure: File Via Facsimile with Your Assistant Superintendent
Time Frame: Within 24 Hours of Incident

 


Notify Parent of Referral for Further Discipline

Time Frame: Within 24 Hours

 

If "Yes"
 

Determine Educational Needs

bulletIs Student Identified as Educationally Handicapped?
bulletDo Student’s Needs Warrant a Referral for Evaluation?
Time Frame: Within 24 Hours

 

If "Yes" 
If "No" to Both, Click Arrow Below
 

Make Referral to Building Level Special Education Team

 

Schedule Manifestation Determination Meeting

Time Frame: Within 10 Days

 

 

Notify Office for Student Services

 

 

Follow Procedure for Disciplining Student with Disabilities

See Flow Chart Entitled "Disciplining Students with Disabilities"

 

 

 

 

Investigate Incident

Procedure: Follow Investigative Checklist
Time Frame: Complete Within 3 Days

 

 

File Investigative Report with the Assistant Superintendent

Procedure: Follow "Report Content Checklist"
Time Frame: Complete Within 4 Days

 

 

Prepare for Hearing

Procedure: Follow "Preparation and Presentation Checklists"
Time Frame: By Hearing Date

 

 

Attend School Board Hearing

Procedure: Follow "Presentation Checklist"

 

 

REPORTABLE EVENTS

The following disciplinary events should be immediately reported to the superintendent:

bulletAny event in which the principal believes there should be a long-term suspension or expulsion;
bulletPossession of a pellet gun, bb gun, rifle, pistol or other dangerous weapon;
bulletPossession of a knife of any length;
bulletAll acts of theft, destruction or violence including:
bulletHomicide, first or second degree assault, simple assault resulting in personal injury, sexual assault of any nature, criminal mischief, unlawful possession or sale of a firearm or other dangerous weapon, arson, burglary, robbery, theft, sale or possession of a controlled drug, any bomb threat, any threat to engage in any of the above-recited acts;
bulletgross misconduct;
bulletdocumented long-term neglect or refusal to conform to the reasonable rules of the school.

 

INVESTIGATING A DISCIPLINARY MATTER

Thorough investigation is the key to ensuring that the legitimate goal of fostering discipline among students is balanced with the goal that every student receive due process. The quality of the investigation is critical to the quality of any presentation before the board.

A minimally satisfactory investigation should include the following:

bulletAscertaining whether the student has an educational disability;
bulletAn interview with the student;
bulletAn interview with all student witnesses;
bulletAn interview with all teacher/staff witnesses;
bulletWhen the police are involved, a discussion with the investigating police officer; (1)
bulletAn inventory of the findings of any administrative search;
bulletCollection of any physical evidence or photographs;
bulletAn interview with the parents/guardian/caretaker;
bulletA review of the student's disciplinary file;
bulletA determination as to whether or not the student was aware of the rules of the school; and
bulletA determination as to whether the student read through and understood the Student Handbook.

PREPARING FOR A DISCIPLINARY HEARING

There is some modest preparation required in order to prepare for a disciplinary hearing. The principal should ensure that the following checklist items are satisfied prior to the hearing:

bulletSchedule the attendance of teacher and staff witnesses;
bulletMarshaling of any physical or photographic exhibits;
bulletProcurement and review of past disciplinary records;
bulletProcurement of student cumulative file; and
bulletPreparation of oral presentation.

 

PRESENTING A CASE FOR STUDENT DISCIPLINE

The goal of the board is to fairly determine whether or not it is more probable than not that a student be engaged in a violation of law or the rules/code of the district regulations. The standard of proof is not a "reasonable doubt" standard, but rather the civil standard whereby the administration must demonstrate that it is more probable than not that the student violated the Code of Conduct in a manner requiring discipline. In this regard, the School board weighs the evidence much like a judge or jury would weigh the evidence in a civil case.

Whether or not the administration meets its burden of proof depends on the quality of the evidence presented at the hearing. The following general format will assist the principal in designing their presentation.

PRESENTATION OUTLINE

  1. Introduction;
    bulletName; and
    bulletPosition and schools.
  2. Summarize the case in one sentence;
    bulletE.g., "On September 5, 1999 Tim Doe brought a hunting knife with a five-inch blade to school in violation of the Code of Conduct's prohibition against knives on campus"; or
    bulletE.g., "On September 5, 1999 Suzie Q brought an unloaded revolver to school in violation of the law and the Code of Conduct's prohibition against guns in schools."
  3. Provide a narrative report;
    bulletIdentify the initial source of information "the tip" regarding the violation;
    bulletE.g., Student report; teacher/staff report; personal eye witness;
    bulletE.g., "On the afternoon of September 5, 1999 a student Jane Doe informed me that while at lunch in the cafeteria she saw a knife fall out of Tim Doe's back pack";
    bulletDescribe your subsequent investigation in a chronological fashion;
    bulletDescribe each individual contact and conversations with the violating student;
    bulletDescribe the results of any administrative search;
    bulletDescribe the results of any eye witness interviews; and
    bulletIf appropriate present the knife or other weapon to the Board for its inspection.
  4. A statement as to whether or not the student was aware of the Code of Conduct;
  5. Describe your disciplinary decision, citing the relevant provision of the Code of Conduct or the law;
  6. Set forth the short-term suspension start and finish date;
  7. Identify the date of your report to the Assistant Superintendent;
  8. Discuss your contact and conversation with the parents/guardians;
  9. Introduce corroborating witnesses;
    bulletAllow the witness to first provide a narrative; and
    bulletTo the extent necessary question the witness to elicit facts missing from their narrative.
  10. Discuss any mitigating or exacerbating factors;
    bulletThe presence or lack of an adverse disciplinary record;
    bulletAny significant academic achievements;
    bulletThe general character and citizenship of the student; and
    bulletAny facts that may be favorable to the student's case.
  11. Conclusion;
    bulletRecommend the course of discipline that you are seeking describing the rationale behind that recommendation; and
    bulletBe prepared to answer any questions posed by parents, students, and the School board.
  12. Be prepared to ask questions of the parents, student, and student's witnesses.

1. A decision should immediately be made to determine whether there has been a criminal act. If so, the police should immediately become involved.

 

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