How To Defend Yourself in a School Suspension Hearing
Principals or vice principals can impose short- or long-term out-of-school suspensions on students if they are disruptive or violate the school's rules.You have the right to a hearing before a school suspension is imposed.You can be represented by an attorney at some schools.
Step 1: Take a look at your suspension notice.
If you're going to be suspended, the school needs to give you a written notice detailing the conduct for which it's suspending you.A description of your actions that caused the school to recommend your suspension must be included in the notice.You know what they're talking about when you read this description.You have the right to request an informal hearing or conference with the principal if you want to explain your actions or present evidence in your defense, but you aren't entitled to a formal hearing for a short-term suspension.The suspension notice will either include a date for an informal hearing or tell you what you need to do to request one.
Step 2: You can talk to your parent.
The written notice will usually be addressed to your parents or guardian, and they will want to know what happened and what you did to get in trouble.You need to be upfront with your parent or guardian about this situation.Don't tell your parent or guardian that you've been charged with an infraction at the school.It will be easier for your parent or guardian to help you if you are open and honest.They don't want you to get suspended more than you already have.It's easier to find alternatives to suspension if everyone is working with the same information.Let your parent or guardian know if there are legitimate reasons that your involvement in the incident was overstated.
Step 3: Write down your request.
You have the right to a hearing regarding your suspension, but not all school districts schedule them automatically.If your school only holds hearings on request, you have to fill out a form, write a letter, and submit it by the deadline on your suspension notice.It is possible that your school will require the request to come from your parent or guardian.The form should be filled out and signed by the correct person.Speak to your school's guidance counselor if your parent or guardian doesn't sign the form or write a letter.
Step 4: You should receive notice of your hearing date.
If you submitted a written request for a hearing, you will usually receive a notice with the date, time, and location of your hearing and how to rearrange if necessary.Additional information about the hearing procedure may be included in the notice.Carefully read the statements of your rights.They tell you how to defend yourself in the school suspension hearing, as well as the types of evidence allowed, whether you can bring witnesses, and whether or not you have an attorney.
Step 5: You should read the school's code of conduct.
Each year, schools publish an updated version of the code of conduct on the school website.The rules you're charged with violating as well as the sections covering suspension procedure need to be read by you.If you've been charged with an offense, make sure it's listed in the handbook as a suspensionable offense.You can argue that the punishment doesn't fit the crime.If your infraction results in mandatory suspension, you need to find out if there are alternatives.Alternative means of discipline and reserve suspension are often used by schools.You can bring up alternatives that haven't been explored at your hearing.The procedures used when a student is suspended can be found in the school handbook.You should read these to know what to expect.
Step 6: You can request a copy of your record.
If you are being suspended as a result of cumulative discipline violations, your permanent record may contain information relevant to your suspension.If suspension is appropriate, check your record against the handbook.If you can show that you were sent to in-school suspension twice last year, you may be off the hook if your school has a "three strikes" rule.Positive marks or notes should be looked for on your record.These can be used in your defense to show that the behavior was out of character for you.
Step 7: You should talk to witnesses.
If anyone witnessed the incident that led to your suspension, they could make a statement in your defense.You may be able to get teachers or coaches to write character reference letters.If they were there, teachers and coaches who are willing to speak up in your defense can be excellent witnesses.If fellow students are implicated in the incident or faceDisciplinary action for an identical or similar infraction, be careful about taking statements from them.If the principal thinks you and the other student made a deal to provide supportive witness testimony for each other, the student's statements could end up doing you more harm than good.You may not be able to bring witnesses with you.They can give you written statements to present to the hearing officer.
Step 8: Consider working with an attorney.
If you're only being suspended for a few days, you can't have an attorney represent you.An attorney can give you helpful information about your rights.If you have special needs that may affect your behavior, you may have rights that are different from those of other students.An attorney can explain them to you.If you think an attorney could benefit your defense, talk to your parent or guardian.Attorney's fees may be a concern for your parent or guardian.You can use the free initial consultation provided by many attorneys.
Step 9: You need to organize your evidence.
Before the date of your hearing, take some time to put any documents, statements, or affidavits in order and make an outline of what you plan to say in your defense.The outcome of your hearing can be influenced by your appearance and demeanor.It's important to be prepared for this reason.In a criminal trial, you have the right to remain silent.Nothing you say can be used in any other proceeding, not a school hearing on another matter or a juvenile court proceeding.Practice speaking in front of a mirror or using your family members as an audience by making detailed notes of what you want to say.You should keep practicing until you feel confident with your statement.If you are going to show the principal or hearing officer documents, keep them in good condition.It's a small thing, but if someone gives you a written statement and you keep the paper clean, it shows that you're capable of exercising respect and good care.
Step 10: You must appear at the scheduled time and date.
If you don't show up, you cannot defend yourself.Arrive early and dress conservatively for the occasion.Take the situation seriously and treat everyone in the office with respect.Even if your hearing doesn't happen on a school day or a time when school is not in session, you should still wear your uniform.You should dress like you would for a job interview or graduation.Stand up straight and look at the hearing officer.If you are told you can speak, don't speak.If the principal asks you a question, stop speaking and answer immediately.Don't talk until the principal tells you to keep talking.
Step 11: You should listen to the charges against you.
A school suspension hearing usually starts with a description of the incident that led to the discipline and the school rules you've been accused of violating.Pay attention to your body language.If you're prone to distraction, hold your hands behind your back.You don't want to look defiant.You want to avoid looking like you don't care about what's being said.Don't interrupt if you disagree with something that was said.If it can't wait, raise your hand, you will have a chance to speak later.The principal can either tell you to wait or ask you what's on your mind.
Step 12: You should present your evidence.
You can give any explanations, excuses, or evidence that supports your statements in your own defense.Speak slowly in a calm manner and stick to the facts.If your school has a specific mode of address preferred, you should address the principal as "sir" or "ma'am".Don't use casual phrases as much as possible, and avoid curse words at all costs.You can express your interest in community service to the principal.The principal probably doesn't want to suspend students if there is an alternative that will achieve the same goals.Where appropriate, express your regret for your part in the incident.You might mention any actions you've taken to make up for the harm done to the people.
Step 13: Receive the decision from the hearing officer.
The principal or other hearing officer will make a decision after discussing the matter with you.You should receive written notice in the mail a few days after the decision is made.If the principal or hearing officer decides to go forward with the suspension, you will get information about how you can appeal that decision.There is a limited amount of time to appeal the decision.If you believe you were unfairly suspended, or if there was evidence that you weren't able to discuss at the informal hearing, an appeal may be a good idea.Even if you serve out your suspension by the time your appeal is heard, a successful appeal can keep the suspension off your record, so it won't affect you in the future.