For the purposes of conducting certain student discipline hearings, as defined below, rendering a decision, and imposing punishment, the Pickens BOE has established policy JCEB. The superintendent or designee shall convene a tribunal hearing in the following cases:

1. Where a student has committed an alleged assault or battery upon a teacher, other school official, or employee.

2. Where a student has committed an alleged assault or battery upon another student and the school principal determines that expulsion or long-term suspension may be the appropriate punishment.

3. Where a student has intentionally caused substantial damage while on school premises to personal property belonging to a teacher, other school official, employee, or student and the school principal determines that expulsion or long-term suspension may be the appropriate punishment.

4. In any other discipline matter when the principal, superintendent, or designee determines the offense should be punished by long-term suspension or expulsion, if it is necessary for the case to be heard by a tribunal.

5. The PCSD, upon the recommendation of the superintendent or designee, shall appoint administrators to serve as members of a hearing tribunal. When the principal of a school refers a student to the superintendent or designee for a hearing as described in paragraph 1, the superintendent or designee shall choose three (3) of the pool of administrators to serve as the hearing tribunal. No member of the hearing tribunal shall be an administrator of the staff at the school in which the student attends. The selection of administrators to serve on tribunals shall be in accordance with rules and regulations to be promulgated by the superintendent and his/her staff.

6. Whenever a principal refers a student discipline matter to the superintendent or designee, the superintendent or designee shall send a letter by certified mail and/or hand-delivered written notice to the student and his or her parents or guardians containing a short and plain statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted and charges against the student, including names of any witnesses who may be called to testify at the hearing; a statement setting forth the right of the student to present evidence, cross-examine witnesses, and be represented by legal counsel.

7. In the event a student or his/her parent does not wish to contest the charge(s) of violation(s) of the discipline rules of the Student Code of Conduct for which a tribunal has been requested, the student and parent may voluntarily accept the consequences prescribed by the school by signing a Waiver of Disciplinary Tribunal Hearing Form. Such waiver shall specify the violation committed, the date, the description of the incident, the prescribed consequences, and an agreement to waive the opportunity to participate in a tribunal hearing, present evidence, cross-examine witnesses, and be represented by an attorney. The decision to waive the tribunal shall be final and cannot be appealed by the school or family. The waiver must be signed by the student, a parent, a school administrator, and a district level administrator from the superintendent’s office, who shall act as hearing officer with authority to approve the disciplinary consequences set forth in the waiver.

8. The hearing before the disciplinary tribunal shall be convened within ten (10) school days of the beginning of the suspension unless the school system and parents or guardians mutually agree to an extension. Within ten (10) calendar days of the closing of the record, the disciplinary tribunal shall render its decision in writing.

9. The school principal or designee shall be responsible for presenting evidence in support of the charges against the student and all parties shall be afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on any and all issues. Any teacher who is called as a witness by the school system shall be given notice no later than three (3) days prior to the hearing. The hearing tribunal shall have made a verbatim electronic or written record of the hearing. This record shall be available to all parties but the cost of transcribing such record shall be borne by the party requesting the transcript.

10. The hearing tribunal shall render a decision finding whether the student committed the offense and, if so, the appropriate punishment. The decision of the hearing tribunal shall be based solely on the evidence received at the hearing, including any evidence presented by either party relevant to the appropriate punishment to be imposed. The hearing tribunal shall render a decision in writing within ten (10) days of the close of the record and shall furnish a copy of the decision to the student, his or her parents or legal guardian, the principal, and the superintendent or designee. The decision of the hearing tribunal shall be final and shall constitute the decision of the Pickens BOE unless either party should appeal the decision to the Pickens BOE.

11. Any party may appeal the decision of the hearing tribunal to the Pickens BOE by filing a written notice of appeal within twenty days from the date the decision is rendered with the superintendent or designee. Such notice of appeal shall set forth the decision of the hearing tribunal and the basis of the appeal. Any decision of the hearing tribunal not appealed in this manner shall be final. The superintendent or designee may in his or her discretion suspend the disciplinary action imposed by the hearing tribunal pending the outcome of the appeal.

12. The Pickens BOE shall review the record of the hearing before the hearing tribunal, the decision of the hearing tribunal, and the notice of appeal and shall render its decision in writing within ten (10) days, excluding weekends and holidays, from the date it receives the notice of appeal. The decision of the Board of Education shall be based solely on the record before the hearing tribunal and the board shall not consider any other evidence in ruling on the appeal. The board may impose penalties not recommended by the hearing tribunal. The decision of the Pickens BOE shall be final. The Pickens BOE has approved video-taping of student disciplinary hearings.

13. According to Georgia law, O.C.G.A. § 20-2-1160, party grievances by a decision of the local board has the right to appeal the decision to the State Board of Education. The appeal must be in writing and must set forth distinctly the question in dispute, the decision of the board, and a concise statement of the reasons why the decision is appealed. The party making the appeal must also file with the appeal a transcript of the testimony. Any such appeal must be filed with the superintendent of the local system within twenty (20) days of the decision of the local board.

14. Nothing in this policy shall be construed to infringe upon any rights provided to students pursuant to the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.

[LEGAL REF.: 1972 Education Amendments, Title IX; 45 CFR Part. 86; 1964 Civil Rights Act, Title VI; 1973 Rehabilitation Act, Section 504, 45 CFR Part 84; Americans with Disabilities Act of 1993; O.C.G.A. § 20-2-1160; 160-1-3-.04]