Conduct Invoking Punitive Action 5-36

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

STUDENTS

Conduct Invoking Punitive Action

1. Generally

   Regulations governing punitive actions for student conduct must be approved by the School Board prior to implementation.

   Students may be suspended or expelled from attendance at school for sufficient cause. Punitive actions resulting in Out-of-School Suspension shall be governed by the procedures set forth in Regulation 5-6.1, Policy 5-21 and Regulation 5-21.1 and Regulation 5-21.3. The assignment of a student to In-School Suspension shall be governed by the procedures set forth in Regulation 5-21.2.

2. Due Process

   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 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 the student's version of what occurred.
   3. The student and parent(s)/legal guardian(s) of minor students shall be informed 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, 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. 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.

      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/guardian of a minor student may appeal the decision as provided in School Board Policy 5-21 or 5-6 and the associated regulations, as appropriate.

Legal Reference

Code of Virginia § 22.1-78, as amended. Bylaws and regulations.

Code of Virginia § 22.1-277.04, as amended. Short-term suspension; procedures; readmission.

Related Links

School Board Policy 5-6
School Board Regulation 5-6.1
School Board Policy 5-21
School Board Regulation 5-21.1
School Board Regulation 5-21.2
School Board Regulation 5-21.3

Adopted by School Board: August 21, 1990
Amended by School Board: July 16, 1991
Amended by School Board: June 15, 1993 (Effective August 14, 1993)
Amended by School Board: August 2, 2000
Amended by School Board: August 21, 2001
Amended by School Board: April 4, 2006
Amended by School Board: November 27, 2018
Amended by School Board: November 14, 2023