"Expulsion" means a permanent and complete severance of the relationship between the student and the District. While the word "expulsion" or "expel" may appear, at times, in State of Michigan law or rules that refer to a period less than a permanent and complete severance of the District/student relationship, the term, for the purposes of this District, shall mean a permanent severance.
A written notice of any proposal to expel permanently, and the charges upon which the permanent expulsion is based, shall be given to the student and the student’s parent(s)/guardian(s). The notice of the proposal to permanently expel shall state the time, date and place that the student will be afforded an opportunity for a formal hearing. It shall also state the right of the student to be represented by counsel, to produce witnesses, and submit evidence on his/her behalf, and to cross-examine any adult witnesses who may appear against him or her. A copy of the Board policy and the administrative procedures shall also be given with the notice.
The hearing shall not be held later than 10 school days after the date of the notice.
Upon any conclusion, which results in a recommendation for permanent expulsion, the Superintendent or designee shall submit a written report detailing the reason(s) for the recommendation to the Board.
The report shall be open to the inspection of the student who is being recommended for permanent expulsion, and if the student has not attained 18 years of age, to the student’s parent(s)/guardian(s) and counsel or other advisor of the student. If the student is 18 years of age or older, the report shall be open to inspection by the parent(s)/guardian(s) and counsel or other advisor of the student only upon written consent of the student.
At the permanent expulsion hearing, evidence of whether the student is guilty of the gross disobedience or misconduct as recommended shall be presented. After the presentation of the evidence, the hearing committee shall decide the issue of guilt and take such action as it finds appropriate.
Written notice of the result of any hearing resulting in a long-term suspension or in a permanent expulsion shall be given to the student and to his/her parent(s)/ guardian(s) within 7 school days after the determination.
The formal hearing provided for in Board policy shall be conducted in accordance with the following procedures:
Any student who has been suspended for a long-term may file a written request to appeal the long-term suspension with the office of Community and Student Services no later than 10 school days after receiving written notice.
The appeal shall be heard by the designated hearing officer or appointed hearing appeal committee not later than 20 school days after the notice of appeal is filed.
The student and his/her parent(s)/guardian(s) shall be notified in writing of the time and place of the appeal hearing at least five days prior to the appeal hearing. The appeal hearing shall be conducted in accordance with the procedures stated above.
Mechanical or electronic recording shall be used to make a record of the appeal hearing in all long-term suspension or permanent expulsion cases.
The designated hearing officer or appointed appeal committee shall render its decision on any appeal within 5 school days after the conclusion of the appeal hearing.