Generally
Where law permits, Board hereby delegates the responsibility to expel or suspend scholars to the Superintendent.
Physical Assaults
The Board will permanently expel a scholar in grade 6 or above if the scholar commits a physical assault, as defined by MCL 380.1311a(12)(B),4 against a District employee or against a person engaged as a volunteer or contractor for the District, on school property, on a school bus or other school related vehicle, or at a school-sponsored activity or event.
Any scholar in grade 6 or above who commits a verbal, written or electronically transmitted threat of assault on school property, on a school bus or other school related vehicle, or at a schoolsponsored activity or event against a District employee or against a person engaged as a volunteer or contractor for the District will be suspended or expelled by the Board for up to 180 days. The Board may modify the expulsion period on a case-by-case basis.
For the purpose of this policy, "threat of assault" will be defined as any willful verbal, written, or electronically transmitted threat to inflict injury upon another person, under such circumstances that create a reasonable fear of imminent injury, coupled with an apparent ability to inflict injury.
The Board will suspend or expel a scholar in grade 6 or above for up to 180 days if the scholar commits a physical assault, as defined by MCL 380.1310(3) (b), against another scholar on school property, on a school bus or other school-related vehicle, or at a school-sponsored activity or event. The Board may modify the suspension or expulsion period on a case-by-case basis.
Any scholar who commits criminal sexual conduct in a school building or on school grounds, or pleads to, is convicted of, or is adjudicated for criminal sexual conduct against another scholar enrolled in the District, will be permanently expelled subject to possible reinstatement.
Before suspending or expelling a scholar for any reason or for any amount of time, the superintendent, principal or designee, or hearing officer will consider the seven factors outlined in Board Policy 8350.
The parent(s)/guardian(s) of a permanently expelled scholar, or an emancipated permanently expelled scholar may petition the Board for reinstatement. The Board will provide all due process rights to reinstatement as outlined in state law.
This policy will be applied in a manner consistent with the rights secured under federal and state law to scholars who are determined to be eligible for special education programs and services.
The Superintendent will develop specific procedures for dealing with suspensions or expulsions authorized by this policy. Regulations ensuring due process to all scholars before a long-term (10 days or more) suspension or expulsion is imposed will be developed with the advice of the District's attorney.
4 MCL 380.1311a(12)(B) and MCL 380.1310(3)(B) define "Physical Assault" as "intentionally causing or attempting to cause physical harm to another through force or violence.