Based on this article, can the hearing take place informally, right after the ac

Question

Based on this article, can the hearing take place informally, right after the act that requires the punishment?

School Law ISBN: 9780133905427

. Johnny is entitled to Substantive due process. This ensures that Johnny will not be subjected to arbitrary or capricious acts by school officials regarding the exercise of his personal rights.

2. (a)I would provide adequate notice to the child and parents of the rules governing Jonny's behavior in both written and verbal form.

(b)A collection of documentation including the infraction Johnny allegedly committed, the time of the infraction, the place of the infraction, the witnesses of the infraction, interventions used to try to re mediate alleged misbehavior.

(c)Jonny will be given notice both verbally and in written form of the suspension with detail of the infraction and details pertaining to the infraction. He will be provided a Code of Conduct (COC) hearing in order for Johnny to be able to present his side to COC team. The COC will be scheduled and held as soon as possible.

(d)During the COC, all sides of the issue will be listened to by the school officials. There will be adequate time provided for Johnny to present his side of the infraction.
(e) Johnny's parents will be provided with written notification of the actions resulting from the hearing. This notification should include the charges against Johnny, description of evidence, number of days for suspension, a determination if it will be an in-school or out-of-school suspension, a list of other conditions that may be expected before Johnny returns to class, and a statement that informs the parents of the appeal process.

Explanation / Answer

In the above case, Johnny should be provided with Substantive due process. The above procedures should be a followed in a timely manner without impending any delays in between the time notice is issued and the time of actual hearing. This will ensure proper judgement can be taken place. Johnny should be aware of his mistakes and should be adhering to the laws of the school. It would also mean that other students of the schol are aware of the consequences of misbehavior.

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