The Board and school officials have the legal authority to deal with disruptive students and student misconduct. Due process, in the context of administrative proceedings carried out by school authorities, does not mean that the procedures used by the courts in juvenile proceedings must be followed. The Ohio and Federal Rules of Evidence do not apply.
Students have clearly established means by which administrative due process is available for the protection of his/her rights.
Due process procedures are:
1. applied equally to all and
2. enforced in a manner which involves:
A. adequate and timely notice and opportunity to prepare a defense;
B. an opportunity to be heard at a reasonable time and in a meaningful manner and
C. the right to a timely and impartial hearing on the merits of the case.
In cases of student suspension or expulsion, the specific due process procedures set by the Board’s policy are followed.
[Adoption date: March 21, 2011]
LEGAL REFS.: ORC Chapter 2506
3313.66; 3313.661; 3313.662
CROSS REFS.: JB, Equal Educational Opportunities
JFC, Student Conduct (Zero Tolerance)
JFCA, Student Dress Code
JFCC, Student Conduct on District Managed Transportation (Also EEACC)
JFCF, Hazing and Bullying (Harassment, Intimidation and Dating Violence)
JFCG, Tobacco Use by Students
JFCH, Alcohol Use by Students
JFCI, Student Drug Abuse
JFCJ, Weapons in the Schools
JFCK, Use of Electronic Communications Equipment by Students
JFCL, Unsafe Schools (Persistently Dangerous Schools)
JGD, Student Suspension
JGE, Student Expulsion