Suspension and Expulsion -- Qualifications and Duties of the Hearing Officer

The superintendent of schools or designee shall select a hearing officer to serve in each case where a student is recommended for expulsion.

Qualifications of the hearing officer shall be as follows:

1. He/she shall be certificated by the State of Missouri as a teacher, counselor, or administrator.

2. He/she shall not have brought the charges against the student.

3. He/she will not be a witness at the hearing.

4. He/she shall have no involvement in the charge.

5. He/she shall have no immediate and direct supervision over the principal involved.

The hearing officer shall be in charge of the hearing and be responsible for preparation and coordination of all written documentation.

The hearing officer shall have the following duties:

1. To give notice to the student, through his/her parent, specifying with particularity the conduct alleged to be in violation of the Uniform Code of Student Conduct. The notice shall be sent by certified mail, return receipt requested, or by personal delivery. The notice must advise the student of the following:

· The school rule(s) alleged to have been violated; a statement of the alleged act(s) of the student on which the charge is based; and a statement of the disciplinary recommended action.

· The right to a hearing, the time and place of the hearing, not to exceed ten (10) school days from the date of mailing; the right of the student to be represented by legal counsel or a parent; to present witnesses; and to cross-examine board witnesses.

· Notification that the hearing will take place as scheduled unless a delay is granted or the student and parent agree to waive the hearing by signing the event of Waiver of Right to Hearing, and that failure to appear will not delay the hearing and may lead to imposition of the recommended disciplinary action.

· To schedule the hearing at a specified date, time, and place with the authority to postpone the date and time or change the place for any good cause.

2. To ensure that the hearing is conducted in an orderly manner, the hearing officer shall have the authority to exclude anyone from the hearing on the grounds of interference or obstruction of the orderly hearing process.

3. To have the evidence at the hearing to be recorded by a shorthand reporter or by electronic tape. Upon request, a copy of the tape or transcript shall be made available to the adult student, student's parent or guardian, or their representative. The transcript or tape shall be filed in the office of the associate superintendent for site support/instructional leadership.

4. Upon concluding the hearing, the hearing officer shall prepare findings of fact and recommendations and transmit them to the superintendent, along with exhibits admitted into evidence (i.e., academic record, attendance records, written statements, prior disciplinary referrals, etc.), as soon as possible after the hearing. If no hearing is held, the hearing officer shall review the substantive evidence supplied by the principal or designee , and prepare findings of fact and recommendations. The hearing officer's determination shall include the following:

· A statement of the facts as determined from the testimony and evidence presented at the hearing;

· A conclusion as to whether due process procedures have been properly followed or waived; and

· A conclusion as to whether the student committed the serious offense upon which the recommendation for expulsion is based.


Legal: Sections 167.161, 167.171 RSMo.

Regulation approved: June 26, 1990

Revised: December 07, 1999

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