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Appendix
C: A Principal's Guide to the Disciplinary Process
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Student
Violates Code of Conduct
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Procedure: |
Identify the Offense |
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Level IV Offense; |
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Criminal Act; |
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Gross Misconduct; |
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Neglect or Refusal to follow School Rules; |
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Knife Possession; |
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Gun Possession. |
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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 |
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| Time Frame: |
Immediately
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Suspend Student for
Ten (10) Days
| Procedure: |
See Code of Conduct for Building
Level Suspension |
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| Time Frame: |
Immediately
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File Initial Report
"Request for Extended Suspension and/or
Expulsion"
| Procedure: |
File Via Facsimile with Your
Assistant Superintendent |
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| Time Frame: |
Within 24 Hours of Incident
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Notify Parent of
Referral for Further Discipline
| Time Frame: |
Within 24 Hours
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"Yes" |
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Determine Educational
Needs
 | Is Student Identified as Educationally Handicapped? |
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 | Do Student’s Needs Warrant a Referral for Evaluation? |
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| Time Frame: |
Within 24 Hours
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| If
"Yes" |
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"No" to Both, Click Arrow Below |
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Make Referral to
Building Level Special Education Team
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Schedule Manifestation
Determination Meeting
| Time Frame: |
Within 10 Days
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Notify Office for
Student Services
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Follow Procedure for
Disciplining Student with Disabilities
See Flow Chart Entitled "Disciplining Students with
Disabilities"
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Investigate Incident
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File Investigative
Report with the Assistant Superintendent
| Procedure: |
Follow "Report Content Checklist" |
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| Time Frame: |
Complete Within 4 Days
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Prepare for Hearing
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Attend School Board
Hearing
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REPORTABLE EVENTS
The following disciplinary events should be immediately reported to
the superintendent:
 | Any event in which the principal believes there should be a
long-term suspension or expulsion; |
 | Possession of a pellet gun, bb
gun, rifle, pistol or other dangerous weapon; |
 | Possession of a knife of any length; |
 | All acts of theft, destruction or violence including: |
 | Homicide, 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; |
 | gross misconduct; |
 | documented long-term neglect or refusal to conform to the
reasonable rules of the school.
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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:
 | Ascertaining whether the student has an educational disability; |
 | An interview with the student; |
 | An interview with all student witnesses; |
 | An interview with all teacher/staff witnesses; |
 | When the police are involved, a discussion with the investigating
police officer; (1) |
 | An inventory of the findings of any administrative search; |
 | Collection of any physical evidence or photographs; |
 | An interview with the parents/guardian/caretaker; |
 | A review of the student's disciplinary file; |
 | A determination as to whether or not the student was aware of the
rules of the school; and |
 | A determination as to whether the student read through and
understood the Student Handbook.
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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:
 | Schedule the attendance of teacher and staff witnesses; |
 | Marshaling of any physical or photographic exhibits; |
 | Procurement and review of past disciplinary records; |
 | Procurement of student cumulative file; and |
 | Preparation of oral presentation.
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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
- Introduction;
 | Name; and |
 | Position and schools.
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Summarize the case in one sentence;
 | E.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 |
 | E.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."
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Provide a narrative report;
 | Identify the initial source of information "the tip"
regarding the violation;
 | E.g., Student report; teacher/staff report; personal eye
witness; |
 | E.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"; |
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 | Describe your subsequent investigation in a chronological
fashion; |
 | Describe each individual contact and conversations with the
violating student; |
 | Describe the results of any administrative search; |
 | Describe the results of any eye witness interviews; and |
 | If appropriate present the knife or other weapon to the Board
for its inspection.
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A statement as to whether or not the student was aware of the Code
of Conduct;
Describe your disciplinary decision, citing the relevant provision
of the Code of Conduct or the law;
Set forth the short-term suspension start and finish date;
Identify the date of your report to the Assistant Superintendent;
Discuss your contact and conversation with the parents/guardians;
Introduce corroborating witnesses;
 | Allow the witness to first provide a narrative; and |
 | To the extent necessary question the witness to elicit facts
missing from their narrative.
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Discuss any mitigating or exacerbating factors;
 | The presence or lack of an adverse disciplinary record; |
 | Any significant academic achievements; |
 | The general character and citizenship of the student; and |
 | Any facts that may be favorable to the student's case.
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Conclusion;
 | Recommend the course of discipline that you are seeking
describing the rationale behind that recommendation; and |
 | Be prepared to answer any questions posed by parents,
students, and the School board.
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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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