Dues Process

School Board of the City of Virginia Beach Policy 5-36

With the requirements of fair and equitable treatment of all students and within the guidelines of applicable caselaw, and federal and state law and regulation, the following shall constitute the minimum due process procedures to be followed in the detention, suspension and expulsion of students.

1. The student, and parent(s)/legal guardian(s) of minor students shall be given oral or written notice of the charges.
2. If the student denies them, the student will be provided with an explanation of the facts as known to school personnel and an opportunity to present his/her version of what occurred.
3. The student and parent(s)/legal guardian(s) of minor students shall be informed in writing of the conditions of the disciplinary action.
4. In the case of a suspension of more than ten (10) school days or in the case of an expulsion,
   1. The hearing officer, the discipline committee members, or the School Board members should not be persons with the direct involvement in the incident or the recommended discipline and should not have a personal or professional relationship with the student, the student's family, or the student's attorney.
   2. The hearing officer, discipline committee members, or the School Board members reserve the right to recuse themselves from a student disciplinary hearing for these reasons or other good and just cause.
   3. If the student and parent(s)/legal guardian(s) of a minor student fail to appear, the hearing may be held in their absence and a decision may be rendered based upon the evidence that is presented.
5. The adult student or the parent/legal guardian of a minor student may appeal the decision as provided in School Board of the City of Virginia Beach Policy 5-21 or School Board of the City of Virginia Beach Policy 5-6 and the associated regulations, as appropriate.

Note: The parent/legal guardian/adult student will be notified about the existence of community-based educational, training, and intervention programs. The cost for participation in programs not offered by the school division is borne by the parent/legal guardian of the student. [School Board of the City of Virginia Beach Regulation 5-21.1]