FILE:  JCAA

DUE PROCESS

The Richland Parish School Board mandates that all students shall be treated fairly and honestly in resolving grievances, complaints, or in the consideration of any disciplinary measure, particularly suspension or expulsion.  Due process shall be defined as a fundamentally fair and reasonable approach to all areas of student grievance and discipline on the part of all school officials in order not to arbitrarily deny a student the benefits of his or her educational rights.

Due process requires, at a minimum, the school administration to impose fundamentally fair procedures to determine whether misconduct or other improper action has occurred before any disciplinary action may be taken by the school administration, except in the case of imminent danger or disruption of the academic process.  In these instances, proper procedures shall be put into effect as soon as removal of the student has occurred.

Due process requirements dictate fairness in addressing breaches of school rules and regulations.  The degree of procedural due process afforded in any disciplinary situation shall be dependant upon two factors:  (1) the gravity of the offense a student is alleged to have committed; and (2) the severity of the contemplated penalty.  For example, a much greater degree of procedural due process shall be applicable in an expulsion situation than in one where the penalty is a short-term suspension.

A student suspended for damages to any property belonging to the school system shall not be admitted until payment in full has been made for such damage or until directed by the Superintendent.

Ref:     U.S. Constitution, Amend. XIII

U.S. Constitution, Amend. XIV, Sec. 1

Ingraham v. Wright, 97 S.Ct. 1401 (1977)

Goss v. Lopez, 95 S.Ct. 729 (1975)

Carey v. Piphus, 98 S.Ct. 1042 (1978)

Richland Parish School Board