5.0 - 5.2 Right to Appeal

If all or any portion of the administrator’s decision is not agreed to, the student has the right to appeal the decision to the superintendent. An appeal is commenced by letter to the superintendent delivered within 72 hours of the decision rendered by the administrator. The administrator, upon receipt of notice of the appeal, will forward the report of the hearing to the superintendent for decision. The superintendent shall have the authority to sustain, overrule, or modify the division administrator’s decision. At the hearing, the division administrator shall first present his/her evidence and be subject to cross-examination by the superintendent. This will be followed by the student’s evidence. The decision of the superintendent shall be final. Such decision shall be communicated orally after the hearing or in writing to all parties, within three (3) business days following the decision. An oral decision, when rendered immediately following the hearing, shall be followed by issuance of the superintendent’s written decision, which shall be placed in the mail within three (3) business days of announcing the decision.

The student shall be permitted to remain in school and shall continue to participate in regular classroom instruction pending the hearing if he/she properly and timely files an appeal request unless the suspension is for three (3) days or less. A student is expected to make progress toward satisfactory completion of his/her Course of Study to be eligible for continued enrollment and be up to date with payments of tuition and fees. The student may change to another Course of Study with the permission of the Executive Director of Instructional Development and the instructor in the course into which the student is changing.

A student who fails to attend class regularly or otherwise demonstrates a lack of appropriate concern for satisfactory progress and conduct will be terminated from school. The appeal process does not apply to academic terminations. Any student may apply for reinstatement at the beginning of a new semester. Re-entrance after reasonable assurance of improved student attendance and effort will be on a space available basis and will require administrative approval. Re-entrance after two (2) dismissals for excessive absences will be considered on an individual basis.

Information about a temporary suspension should not be communicated to any person that is not directly involved in the disciplinary proceeding.

Students who are suspended from school will be allowed to make up work missed under suspension. The homework and all regularly scheduled tests must be made up within the same number of days of suspension after the student returns. The grade will be lowered one letter grade from the grade earned. The student will receive no credit for work not made up on this time schedule. (The Executive Director of Instructional Development must approve exceptions to this policy.)