Regulation 6740-1

Authorization of Student Activities

Procedures for Suspension

Reviewed and affirmed by the Board:  6/22/2021
Last Revision: 
Original publish date: 11/24/2009
Related policies & regulations:  5480, 5481
Legal references:  

 

Students may be suspended by the principal or his/her designee from practices or participation in interscholastic competition or participation in co-curricular activities for violation of rules and standards of behavior adopted by the Lincoln Board of Education or the administrative staff of the school.

 

The following procedure shall be followed with regard to suspension:

  1. The party considering the suspension shall make a reasonable investigation of the facts and circumstances. In addition, suspension shall be made only after a determination that the suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purpose.
  2. Prior to commencement of the suspension, the student shall be given oral or written notice of the charges against the student. The student shall be advised of what the student is accused of having done, and the basis of the accusation, and an explanation of the evidence the authorities have.
  3. The student shall be afforded the opportunity to explain the student’s version of the facts to the person effecting the suspension.
  4. Within 24 hours or such additional time as is reasonably necessary following suspension, the principal or his/her designee shall send a written statement to the student, student’s parents, or guardian describing the student’s conduct, misconduct or violation of the rule or standard and the reason for the action taken and the right to a hearing upon request on the specified charges.
  5. An opportunity shall be afforded the student, parents or guardian of the student to confer with regard to the matter with the principal or administrator ordering the suspension.
  6. If the student or student’s parents/guardian are not satisfied with the determination, an appeal may be made to the building principal.
  7. If the student or student’s parents/guardian are still not satisfied with the determination, a hearing may be requested before the associate superintendent of instruction or designee. A form or a request for hearing to be signed by such parties and delivered to the associate superintendent of instruction or designee in person or by registered or certified mail. This request must be received by the associate superintendent of instruction within five days of receiving notice of suspension.
  8. If a hearing is requested, it shall be held within 10 days of the request and a notice of the time and place of the hearing will be given to the participants, and parents or guardian within five days of receiving the request. There shall be no stay of the penalty imposed pending an appeal.
  9. At the hearing, as provided above, should witnesses testify, the participants will be given the opportunity to confront and cross-examine such witnesses. The participant will have the right to have a decision based solely on the evidence presented at the hearing.
  10. Upon conclusion of the hearing, a written statement of findings of facts from the hearing will be compiled and a decision rendered within five school days. The statement of finding of fact and decision will be mailed to the participant, parents or guardian. A record of the hearing shall be kept by the school.
  11. Nothing contained in this regulation shall prevent the participant, parents, guardian or representative from discussing and settling the matter with the appropriate school personnel at any stage provided herein.