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Due Process (OSSD BOT Policy JCAA - Due Process)

  • Discipline Guidelines
Due Process (OSSD BOT Policy JCAA - Due Process)

Class I

Any student suspended and/or expelled for violation of the district’s drug policy, weapons policy, or for committing a violent act on educational property shall have the right to appeal the suspension and/or expulsion to the OSSD BOT. The standard of proof in all disciplinary proceedings shall be substantial evidence. Due to the seriousness of offense, the student shall remain suspended and/or expelled pursuant to the principal’s recommendation until such time as the hearing occurs.
 
The parent or guardian shall have the right to appeal the decision of suspension and/or expulsion by submitting a written notice of appeal and request for hearing. The parent or guardian shall provide the notice of appeal and request for hearing, in writing, to the superintendent’s office (2300 Government Street, Ocean Springs) within five (5) days of receiving the notice of the suspension and/or expulsion.  Failure to request a hearing within five (5) days shall result in the decision being final without further hearing.
 

Class II      

Any student suspended ten (10) days or more or expelled for any reason other than a violation of the district’s drug policy, weapons policy, or for committing a violent act on educational property shall have the right to appeal the suspension and/or expulsion to the District Discipline Review Committee. The standard of proof in all disciplinary proceedings shall be substantial evidence. The student may attend OCS (off-campus suspension) until such time as the hearing occurs. For suspensions of nine (9) days or less, the student or parent/legal guardian may appeal to the principal of the school. In the event the principal of the school is unavailable to hear the appeal a District Office level designee will be appointed to hear the appeal. The decision of the principal or designee is final.
 
The parent or guardian shall have the right to appeal the recommendation for suspension of ten (10) days or more or expulsion to the District Discipline Review Committee. The notice of appeal and request for hearing before the District Discipline Review Committee shall be submitted to the superintendent’s office, in writing, within five (5) days of receiving any notice of the suspension and/or expulsion. Failure to request a hearing within five (5) days shall result in the recommendation of the principal being final without further hearing.
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