GHAPS- Board Policy

GRAND HAVEN AREA PUBLIC SCHOOLS

POLICY: #5145.6

SUBJECT: STUDENT CODE OF CONDUCT - RIGHTS WITH RESPONSIBILITIES IN THE GRAND HAVEN AREA PUBLIC SCHOOLS

ADOPTED: June 7, 1988

REVISED: January 9, 1995, October 21, 1996, September 7, 1999, and April 17, 2000

The following Code of Conduct, Related Provisions and Disciplinary Procedures, pertaining to students of the Grand Haven Area Public Schools (the "School"), may be collectively referred to as the "Code."

I. Introduction

Among the Code's objectives are the following: (1) creating and maintaining an environment conducive to the learning process; and (2) instilling respect for individuals, their property, and their rights.

It is hoped that application of this Code will promote an understanding, and appreciation of our representative form of government. Discipline is necessary to insure the smooth functioning of the education process through the efforts of the administration, teachers and students. Students should be guided to aid the learning process rather than interfere with it. Training students to be responsible, self-disciplined contributors of the community is of primary importance. Rather than posing a threat to or creating fear in students, a more positive approach (using preventive discipline) is desired in the interest of developing student self-discipline and self-control.

While it is natural for most students to desire knowledge and to seek to perform along lines of acceptable behavior, the School's responsibility is to see that these natural inclinations are developed and encouraged. When reasonably possible and practical, an effort will be made to solve disciplinary or pupil conduct problems within the School setting and without excluding students from School. However, when such solutions are not reasonably possible or practical, and/or when the disciplinary problems or pupil conduct warrant, separation of students from School may be required.

Pursuant to the authority granted it under the School Code, the Board of Education (the "Board") approves and adopts the following:

II. Code of Conduct

In addition to such other rules, regulations, standards and guidelines as are set forth in other publications of the School, and/or as may be separately issued by School officials, and/or as are inherent in basic concepts of acceptable conduct and behavior, the following provisions are illustrative (but not limiting or exhaustive) of required or prohibited conduct (as the case may be). Some forms of prohibited conduct may fall within more than one category. Violation of any such rules, regulations, standards or guidelines shall be deemed to be a gross misdemeanor or misconduct warranting a student's exclusion, suspension or expulsion as hereinafter provided.

A. Prohibited Conduct. The following prohibited conduct provisions are generally intended to apply to student conduct which is School-related. School-related conduct may include (for example) conduct occurring on School property, at School-sponsored events, on School vehicles, on School routes (e.g. walking routes and bus stops), and/or conduct which otherwise adversely affects or disrupts the School's programs or operations. The following examples are illustrative (but not exhaustive) of prohibited student conduct:

1. Alcoholic Beverages: (a) Possession, use, sale, distribution, being under the influence, or advertisement of alcohol, or causing alcohol to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

(b) Possession, use, sale, distribution, or advertisement of any substance which is: (i) represented to be alcohol, or (ii) represented to be of a nature, appearance or affect which will allow the recipient to display, sell, distribute, advertise or use the substance as alcohol, or causing such substance to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

2. Attendance: Failure to maintain daily attendance in accordance with state law and Board or School policy.

3. Criminal Acts: The commission of, or participation in, criminal acts (under federal, state or local laws or ordinances). Disciplinary action may be taken by the School regardless of whether or not criminal charges result, and such action (if taken) will not be subject to the rules or standards applicable in a criminal case. A partial listing of criminal acts which may subject a student to discipline by the School under this paragraph appears below:

(a) Arson: The intentional setting of fire.

(b) Assault and/or Battery: Physical threats or violence to persons.

(c) Extortion, Blackmail or Coercion: Obtaining money or property by violence or threat of violence or forcing someone to do something against his or her will by force or threat of force.

(d) Gambling: Participating in games of chance for monetary gain.

(e) Larceny or Theft: Unauthorized removal or possession of School or personal property.

(f) Malicious Mischief: Property damage.

(g) Robbery: Stealing or otherwise taking the property of another by force, threat or threat of force.

(h) Trespass: Being present in an unauthorized place or refusing to leave when lawfully ordered to do so.

(i) Other Serious (Quasi-Criminal) Misconduct: Serious misconduct which is not necessarily "criminal" (based on technical legal principles), but which nevertheless is inherently wrong or unacceptable, and/or which is disruptive to the educational process or detrimental to others.

4. Disruptive Conduct or Appearance (including gang-related symbols): Wearing, possessing, using, distributing, displaying or selling any clothing, jewelry, emblem, badge, symbol, sign or any thing which may lead to substantial disruption of, or material interference with, School activities.

5. Drugs: (a) Possession, use, sale, distribution, being under the influence, or advertisement of illegal or prescription drugs (without a prescription for such drugs), or causing illegal or prescription drugs (without a prescription for such drugs) to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

(b) Possession, use, sale, distribution, or advertisement of any non-controlled substance which is: (i) represented to be a controlled substance, or (ii) represented to be of a nature, appearance or affect which will allow the recipient to display, sell, distribute, advertise or use the substance as a controlled substance, or causing such non-controlled substance to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

6. False Reporting: Misuse or inappropriate use of fire alarms, the making of bomb threats, and/or falsely reporting student or staff misconduct.

7. Falsification of Records: Falsification or forgery, as to either content or signature, or any documents, forms or records used or relied upon by the School.

8. Fighting: Quarreling involving bodily contact.

9. Identification of Self: Failure, upon the request of School authorities, to identify oneself as to name and whether or not he/she is a student enrolled in the School.

10. Incendiary Devices: (a) Possession, use, threatened use, sale, distribution, or advertisement of any incendiary, explosive or destructive device (including, but not limited to, a bomb, a grenade, a mine and/or a device which emits poisonous or other gas or smoke), or causing such incendiary, explosive or destructive device to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

(b) Possession, use, threatened use, sale, distribution, or advertisement of any instrument or device which is: (i) represented to be an incendiary, explosive or destructive device (including, but not limited to, a bomb, a grenade, a mine and/or a device which emits poisonous or other gas or smoke), or (ii) represented to be of a nature, appearance or affect which will allow the recipient to display, sell, distribute, advertise or use the instrument or device as an incendiary, explosive or destructive device (including, but not limited to, a bomb, a grenade, a mine and/or a device which emits poisonous or other gas or smoke), or causing such an instrument or device to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

11. Indecency: Action or conduct offensive to commonly recognized community standards of propriety or good taste, including, but not limited to, the use of vulgar language and/or gestures.

12. Sexual Harassment: Action or conduct of a sexual nature which is discriminatory, insulting, intimidating, offensive or hostile. Such action or conduct may include, but is not limited to, the following: verbal or written comments of a sexual nature; overt or subtle pressure for sexual activity; inappropriate and/or unwelcome patting, pinching, or body contact; demand for sexual conduct accompanied by implied or overt threats concerning an individual's safety; and/or any physical act of aggression that includes a sexual act or a sexual purpose.

13. Insubordination: Failure to obey the lawful instructions or directives of School personnel.

14. Interference with School Authorities: Interference with and/or intimidation of School personnel by force or violence or threat of force or violence.

15. Loitering: Lingering, loitering, sitting or standing in an area where prohibited or restricted, or in a manner obstructing free passage, or after having been directed to move by School authorities or other authorized personnel.

16. Missiles: Wrongfully throwing or propelling any snowball, missile or object from any moving vehicle; or wrongfully throwing or propelling any snowball, missile or object toward any person or vehicle (whether or not motorized).

17. Obscenity: Action or conduct involving the use or display of obscene language, signs or symbols in any form, whether verbal, written or in the form of pictures or caricatures.

18. Tobacco: Possession, use, sale or distribution of snuff, chewing tobacco, smoking tobacco (including, but not limited to, cigarettes) or smoking paraphernalia on School property.

19. Truancy: Unauthorized absence from School for any period of time, including chronic tardiness.

20. Vandalism: Willful or ignorant damage to, or destruction of, property, or attempts to damage or destroy property, belonging to another or others.

21. Vehicles: Operation of any vehicle, including, but not limited to, recreational vehicles (e.g. snowmobiles, motorcycles, all-terrain cycles, etc.), in any area which is not designed and intended for vehicular use; and/or operation of any such vehicle contrary to School rules or the directives of School authorities.

22. Weapons: (a) Possession, use, threatened use, sale, distribution, or advertisement of any weapon, instrument or device capable of inflicting injury (including, but not limited to, a firearm, a knife and an explosive or destructive device), or causing such weapon, instrument or device to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

(b) Possession, use, threatened use, sale, distribution, or advertisement of any instrument or device which is: (i) represented to be a weapon, instrument or device capable of inflicting injury (including, but not limited to, a firearm, a knife and/or a destructive device), or (ii) represented to be of a nature, appearance or affect which will allow the recipient to display, sell, distribute, advertise or use the article as a weapon, instrument or device capable of inflicting injury (including, but not limited to, a firearm, a knife and/or a destructive device), or causing such an instrument or device to be possessed, used, sold, distributed or advertised; or the attempt to engage in any such conduct.

23. Flagrant Misconduct: Any other gross misdemeanor or persistent disobedience, whether in violation of established School rules, regulations, standards, or guidelines (whether contained in this Code or separately issued), and/or whether merely violative of basic concepts of acceptable student conduct and behavior.

24. Electronic Communication Devices: Possession, use, sale or distribution of a pager, beeper, telephone or other device utilized, or capable of being utilized, for electronic communications; provided, however, such possession, use, sale or distribution shall not be considered prohibited conduct if it is for health or other unusual reasons approved by the Board prior to such possession, use, sale or distribution.

25. Harassment. Any statement (oral or written), conduct (in any form), or other act which is discriminatory, insulting, intimidating, offensive, demeaning, derogatory or hostile on account of a person's gender, sexual orientation, race, ethnicity, national origin, religion, age, disability, marital status, height, weight or other physical characteristic. (Harassment of students or personnel is, by its very nature, conduct that materially and substantially interferes with and disrupts school work and discipline, and therefore must be prohibited in order to preserve a physically and emotionally safe environment conducive to learning.)

B. Conduct Permitted with Limitations. The following constitutional freedoms are subject to regulation and/or limitation insofar as they interfere with the rights of others and/or adversely affect the educational process or learning environment:

1. Freedom of Speech and Assembly: Under the First and Fourteenth Amendments to the Constitution of the United States, the School will not unduly infringe upon the rights of speech and expression. However, School authorities may regulate conduct which would materially or substantially interfere with or disrupt School work or discipline, provided that such regulation is reasonably necessary to preserve an environment conducive to learning.

(a) Students are entitled to express their personal opinions. Such opinions shall not interfere with the freedom of others to express themselves, or interfere with the educational process. The use of obscenity, sexual innuendoes, obscene or offensive gestures, or personal attacks is prohibited.

(b) All student meetings in School buildings, or on School grounds, may function only as a part of the formal educational process or as authorized by the building principal or his/her designated representative.

(c) Students have the freedom to assemble peacefully. However, demonstrations which interfere with the operation of all or a portion of a School building or classroom are inappropriate and are prohibited.

2. Freedom to Publish: (a) Students are entitled to express their personal opinions in writing; provided, however, that such materials and/or their distribution may not interfere with or disrupt the educational process. Such written expressions must be signed by the author(s).

(b) Students who edit, publish or distribute handwritten, printed or duplicated material among their fellow students within the buildings or jurisdiction of the School must assume responsibility for the content of such publications.

III. Related Provisions

A. Off-Campus Events. Students at School-sponsored off-campus events shall be governed by School rules and regulations and are subject to the authority of School officials. Failure to obey the rules and regulations and/or failure to obey the lawful instructions of School officials or representatives may result in loss of eligibility to attend School-sponsored off-campus events and/or loss of other School privileges.

B. Search and Seizure. Searches of School lockers, of students and/or of the property belonging to them or in their possession or under their control shall be conducted in accordance with the administrative regulations or procedures developed by the Superintendent and School administration; provided, however, that such searches shall be subject to the following general provisions:

1. Searches in General: In general, any search (to be conducted by a School official) of a student, of a student's property, and/or of property under the student's control, shall be based on individualized reasonable suspicion and shall be reasonable in scope, as follows:

(a) Reasonable Suspicion: A search of a student and/or property will be justified when there are reasonable grounds for suspicion that the search will uncover evidence that the student has violated or is violating the law or the rules of the School, or otherwise poses a threat to the health, safety or general welfare of students, staff or others. Reasonable suspicion may be formed by considering factors including, but not limited to, the following:

1) eyewitness observations by School personnel;

2) information received from reliable sources; and/or

3) suspicious behavior by the student.

(b) Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined by considering factors including, but not limited to, the following:

1) the age of the student;

2) the sex of the student;

3) the nature of the infraction; and/or

4) the urgency requiring the search without delay.

2. Particular Types of Searches: The following provisions apply to the following types of searches:

(a) Locker Searches:

1) Maintenance Searches: Although School lockers are temporarily assigned to individual students, they remain the property of the School at all times. The School has a reasonable and valid interest in insuring that lockers are properly maintained. For this reason, periodic inspections of lockers are permissible to check for cleanliness, vandalism, etc. General maintenance inspections may, therefore, be conducted by School authorities at any time, with prior general announcement to students. Any contraband discovered during such searches shall be confiscated by the administration and appropriate disciplinary action taken.

2) Non-Maintenance Searches: A student's locker and its contents may be searched when a School authority has reasonable suspicion that illegal, unauthorized, dangerous (e.g. weapons) or contraband items, or other evidence of School rule violations are contained therein.

(b) Automobile Searches: Students are permitted to park on School premises as a matter of privilege, not of right. The School retains authority to conduct routine patrols of the student parking lots. A student's automobile on School premises may be searched if the School authority has reasonable suspicion that illegal, unauthorized, dangerous (e.g. weapons) or contraband items, or evidence of violations of law or School rules are contained therein.

1) A student's personal effects (e.g. purse, book bag, jacket, etc.) may be searched when a School authority has reasonable suspicion that illegal, unauthorized, dangerous (e.g. weapons) or contraband items, or evidence of violations of law or School rules are contained therein.

2) Personally intrusive searches will, in general, require more compelling circumstances to be considered reasonable, and will be conducted (if at all) only upon compliance with such additional precautions (e.g. privacy, etc.) as may be appropriate under the circumstances.

3. All searches conducted by School officials shall be carried out in the presence of another certified staff member; and any search conducted by a law enforcement officer shall be based on probable cause (rather than reasonable suspicion) and shall be conducted in the presence of the building director (or his/her designee).

C. Use of Technology. Use of computers (including software, hardware, and related equipment or facilities - collectively "technology") at Grand Haven Area Public Schools is a privilege extended to students to enhance learning and exchange information. The District reserves the right to monitor, at any time, usage of the District's technology by students and others to ensure that all users are adhering to their responsibilities and otherwise making proper and appropriate use of such technology. Therefore, students will have neither any right nor any expectation of privacy, at any time, with respect to their use of the District's technology. Any improper or inappropriate use of such technology is strictly forbidden.

IV. Disciplinary Procedures

Student discipline in the form of exclusion, suspension or expulsion from the regular School program and/or a curricular or extra curricular activity, for violation of the Code of Conduct provisions of this Code and/or for other conduct warranting discipline (whether or not in violation of a specific rule or requirement), is authorized and shall be administered pursuant to the Disciplinary Procedures contained in this Code.

The hallmark of exercising disciplinary authority shall be reasonableness and fairness. Serial suspensions shall not be used to avoid the more extensive due process provisions applicable to a long term suspension or expulsion. Reasonable measures shall be employed to ensure that language barriers (e.g. with respect to non-English speaking students) do not prevent the Disciplinary Procedures from being understood and fairly applied.

In a proper case, in lieu of pursuing disciplinary measures under the Disciplinary Procedures of this Code, a student may be encouraged to consider voluntary removal from the regular School program and enrollment instead in an appropriate "alternative education" program.

A. Bus Discipline. If student misconduct occurs on a School bus or in connection with the School's operation of its School buses, and if the disciplinary action to be taken pertains solely to the student's bus riding privileges (and not to participation in the regular School program), then the disciplinary rules and procedures prescribed in the School's policy regarding bus riding misconduct and its corresponding discipline (and not the Disciplinary Procedures of this Code) shall govern and apply. If, however, a student's suspension or expulsion from bus riding privileges is to be in conjunction with suspension or expulsion from the regular School program, then the Disciplinary Procedures prescribed in this Code shall apply to both the bus separation and the regular School program separation.

B. Special Education. In the event of misconduct on the part of a student who has been identified as having a handicap or handicapping condition and who is receiving special education services, and/or where there is other reasonable cause to believe that the pupil is handicapped, the Disciplinary Procedures prescribed in this Code (below) shall be modified as necessary to ensure that the handicapped student receives such further procedures and/or consideration as may be warranted or required in connection with any suspension or expulsion from the regular School program and/or a curricular or extracurricular activity. Such procedures may include, but are not limited to, the following:

1. Necessary or advisable educational and/or psychological diagnostic services;

2. Convening the Individualized Educational Planning Committee (IEPC) to revise the Individualized Education Program (IEP) as necessary to provide for inclusion of appropriate disciplinary measures; and

3. Such other determination or procedures as may be required by applicable state and federal law, regulations or guidelines.

C. Definitions. For purposes of this Code, the following terms shall have the following meanings:

1. "Building Administrator" shall generally mean the Assistant Principal, Associate Principal and/or Principal of the School building in which the student is enrolled; provided, however, that another person in the School building (e.g. Dean of Students) may also be designated to serve as Building Administrator for purposes of this Code. In any case or situation where the Building Administrator is unavailable, or where it is otherwise not reasonable or practical to require the Building Administrator to function as such under this Code, then and in such event any other administrator of the School, up to and including the Superintendent, may be designated by the Superintendent or by the Board to serve as Building Administrator for purposes of this Code.

2. "Type I Discipline" means either: (i) the exclusion of a pupil from a classroom or extracurricular activity for not more than one class period, one instructional unit, or, in the case of an extracurricular activity, for not more than one day, or (ii) the suspension of a pupil by a teacher from a class, subject, or activity for up to but not more than one full School day, as hereinafter provided (in Section IV.E).

3. "Type II Discipline" means the suspension of a pupil from his or her regular School program and/or a curricular or extracurricular activity for a specified period not to exceed ten (10) School days, as hereinafter provided.

4. "Type III Discipline" means the suspension of a pupil from his or her regular School program and/or extracurricular activity for a specified period in excess of ten (10) School days, but not in excess of thirty (30) School days, as hereinafter provided.

5. "Type IV Discipline" means either: (i) the suspension of a pupil from his or her regular School program and/or a curricular or extracurricular activity for a specified period in excess of thirty (30) School days, or (ii) the permanent expulsion (or non-admittance) of a pupil from attending the regular School program and/or from participating in a curricular or extracurricular activity, as hereinafter provided.

6. "Type V Discipline" means either: (i) mandatory and permanent expulsion for conduct which, pursuant to Section V of this Code and under state and/or federal law, requires such expulsion, or (ii) mandatory expulsion for up to 180 School days for conduct which, pursuant to Section V of this Code and under state and/or federal law, requires such expulsion.

D. Level of Discipline.

1. With regard to Type II Discipline through Type IV Discipline, the level of disciplinary action (if any) recommended and/or imposed in connection with any incident(s) of pupil misconduct, whether for violation of the Code of Conduct provisions of this Code and/or for other conduct warranting discipline (whether or not in violation of a specific rule or requirement), shall be determined by the Building Administrator and/or Board, as the case may be, depending upon the facts and circumstances involved.

2. Among the facts and circumstances to be considered in determining the level of discipline (if any) to be imposed are the nature and/or severity of the misconduct, the frequency or recurrence of misconduct by the student(s), the location of the misconduct in relationship to School property or programs, the real or potential disruption to the educational process and/or to the proper and orderly operation and maintenance of the School, the presence or absence of any extenuating or aggravating circumstances, the student's and the School's best interests, and/or such other factors as may be relevant to the case.

3. With regard to Type V Discipline, expulsion is mandatory pursuant to Section V of this Code and under applicable state and/or federal law requirements.

E. Type I Discipline Procedure. Type I Discipline (as defined in this Code) shall be imposed according to the following procedures:

1. A teacher who has good reason to believe that a student's conduct in a class, subject, or activity constitutes conduct prohibited by law, Board of Education policy, or this Code (see Part II.A of this Code) may suspend the student from the class, subject, or activity for up to one full School day.

2. The teacher of a class, or the building administrator, may consult with the alleged offender and/or with such other staff members, students, or others as the teacher or building administrator may deem necessary to determine the facts and nature and circumstances of the offense.

3. The teacher shall immediately report the suspension and the reason for the suspension to the School principal and send the student to the School principal or the School principal's designee for appropriate action. The teacher's decision to impose Type I Discipline shall be promptly communicated to the student. Said decision shall be final and binding and shall not be subject to appeal.

4. If the School principal or the School principal's designee determines that the appropriate action requires the continued presence of the student at School, the School principal or the School principal's designee shall make arrangements to ensure that the student is under appropriate supervision. The student shall not be returned that School day to the class, subject, or activity from which the student was suspended without the concurrence of the teacher of the class, subject, or activity from which the student was suspended and the School principal or the School principal's designee.

5. As soon as possible after a suspension under Type I Discipline, the teacher shall ask the student's parent or guardian to attend a parent teacher conference regarding the suspension. A School counselor, School psychologist, or School social worker shall attend the parent teacher conference whenever practicable, and a building administrator shall attend the parent teacher conference upon the request of the teacher or the student's parent or guardian.

6. A record of Type I Discipline will not generally be placed in the student's cumulative file.

F. Type II Discipline Procedure. Type II Discipline (as defined in this Code) shall be imposed according to the following procedure:

1. The Building Administrator shall consult with the teacher and/or such other staff members, students or others (if any) as the Building Administrator may deem necessary to determine the facts and the nature and circumstances of the offense.

2. The Building Administrator shall meet with the student, shall advise the student of the offense alleged and of the nature of the evidence against the student, and shall afford the student an opportunity to tell his/her own story relative to the alleged offense.

3. The Building Administrator shall conduct such further investigation (if any) as the Building Administrator may deem necessary or advisable.

4. The Building Administrator's intention to impose Type II Discipline shall be communicated to the student. In addition, the alleged offense, the nature of the evidence, and the proposed discipline shall be communicated to and discussed with the student's parent or legal guardian. Such communication and discussion shall occur as soon as reasonably possible and may occur either by telephone or in person.

5. The Building Administrator's decision to impose Type II Discipline shall be final and binding unless said decision is timely appealed by the student or the student's parent or legal guardian in the manner and within the time prescribed in paragraph 6 below.

6. If an appeal is to be taken, immediate notice of such appeal must be given to the Principal (or the Principal's designee) before commencement of School on the next ensuing School day. If the proposed discipline was handled by a Building Administrator other than the Principal, the appeal shall be handled by the Principal; and if the proposed discipline was handled by the Principal, the appeal shall be to the Superintendent. Upon being notified of the appeal, the Principal or Superintendent (as the case may be) shall promptly schedule and notify the parties of an informal conference to review the alleged offense, the evidence against the student and the proposed discipline. The Principal or Superintendent (as the case may be) shall involve in the conference the student and his/her parent or legal guardian, the Building Administrator having investigated the offense and such others (if any) as the Principal or Superintendent deems necessary to the appellate review. Upon conclusion of the conference, the Principal or Superintendent (as the case may be) shall, as soon as reasonably possible, affirm or modify the proposed discipline. The Principal or Superintendent's decision shall be final and binding and shall not be subject to appeal.

7. Neither the Building Administrator or Superintendent, nor the student, parent or legal guardian, shall be represented by legal counsel at any meetings or conferences between the parties relative to the offense and proposed discipline; provided, however, that if the Building Administrator or Superintendent elects to be represented by the School's legal counsel at any such meeting or conference, then and in such event the student's parent or legal guardian will also be allowed to be represented by legal counsel at such meeting or conference.

8. Type II Discipline shall (in the absence of an appeal) generally be given immediate effect and shall normally commence not later than the beginning of the next ensuing School day; provided, however, that the student shall not normally be released from School (except at the established departure time) until and unless the student's parent or legal guardian has been so notified. In the event of an appeal as provided herein, however, the Type II Discipline shall take effect and commence at such time following (except in cases of summary suspension as provided below) the appellate conference as the Principal or Superintendent may direct.

9. A record of Type II Discipline will generally be placed in the student's cumulative file.

G. Type III Discipline Procedure. Type III Discipline (as defined in this Code) shall be imposed according to the following procedure:

1.-3. Paragraphs 1 through 3 of the Type II Discipline Procedures (above) shall also apply to Type III Discipline.

4. The Building Administrator's recommendation to impose Type III Discipline shall be communicated to the student and to the Superintendent. In addition, the alleged offense, the nature of the evidence, and the proposed discipline shall be communicated to and discussed with the student's parent or legal guardian. Such communication and discussion shall occur as soon as reasonably possible and may occur either by telephone or in person.

5. The student and his/her parent or legal guardian shall be notified: (i) of their right to a hearing before the Superintendent on the Building Administrator's recommendation to impose Type III Discipline, and (ii) of their opportunity to waive said right and allow the proposed discipline to be imposed without a hearing.

6. If the student and his/her parents or legal guardian desire to waive the hearing and consent to the proposed discipline, they shall do so in writing. Such waiver shall be signed by the student and his/her parent or legal guardian and shall be filed with the Superintendent.

7. Unless such a waiver is received by the Superintendent, the Superintendent shall promptly schedule and hold a hearing on the proposed Type III Discipline. Said hearing shall generally be held not less than five (5) nor more than ten (10) School days following written notice of the hearing to the student and his/her parent or legal guardian. The written notice of hearing shall include the following:

(a) The date, time, and place of the hearing to be held before the Superintendent;

(b) The offense(s) with which the student is charged;

(c) The right of the student and his/her parent or legal guardian to be represented by legal counsel of their choosing (at their expense);

(d) The right to call witnesses and/or present other evidence on the student's behalf;

(e) The right to question witnesses who appear and testify against the student; and

(f) The right of the student to remain silent.

8. Said hearing before the Superintendent shall be conducted in accordance with the following provisions:

(a) Said hearing shall be private, except that the Superintendent may allow such persons to be present as he deems necessary or advisable for a fair and proper disposition of the case.

(b) Witnesses shall be sworn to tell the truth.

(d) A verbatim record of the hearing shall be made.

(e) The Superintendent may establish such rules and/or regulations as he/she deems necessary or appropriate for the orderly and efficient conduct of the hearing, and may exclude from the hearing any person(s) who are disruptive to the hearing.

(f) Persons who are known to possess information or evidence in support of the charges against the student shall, if their information or evidence is to be used against the student, be encouraged to appear and testify at the hearing. However, under unusual circumstances where such personal appearance and testimony is not possible (e.g. where a student and/or the student's parent or legal guardian refuse such testimony due to genuine fear of reprisal, etc.), then and in such event the Superintendent may receive such hearsay or anonymous evidence as cannot otherwise be reasonably produced. When such evidence is received, however, it shall only be afforded such weight and credibility as is warranted in view of the fact that it was not subject to cross examination.

(g) The Building Administrator and/or the Superintendent may be represented at the hearing by legal counsel; provided that if both the Building Administrator and the Superintendent are to be represented by legal counsel, they shall not be represented at the hearing by the same counsel.

9. As soon as reasonably possible following conclusion of the hearing, the Superintendent shall render a written decision, based on the evidence presented at the hearing, setting forth his/her findings and conclusions and the discipline to be imposed. A copy of the decision shall be given to the student, his/her parent or legal guardian, and the Building Administrator. The Superintendent's decision shall be final and binding unless said decision is timely appealed by the student or his/her parent or legal guardian to the Board in the manner and within the time prescribed in paragraph 10 below.

10. Appeals to the Board shall generally be limited to the record (transcript and exhibits) made at the hearing before the Superintendent. If such an appeal is to be taken, written notice of appeal must be filed with the Superintendent (or designee) before commencement of School on the second School day following the day on which the Superintendent's decision is given to the student and his/her parent or legal guardian. Upon receipt of a timely appeal, the Superintendent (or the Superintendent's desig