Don’t Forget the Suspended Student’s Due Process!

The Ninth Circuit recently ruled in a student’s favor that school administrators failed to meet with the student and provide sufficient clarity as to the charges against the student to support extending the student’s suspension.  

A student has the right to respond to suspension charges prior to being suspended (absent an “emergency situation,” and even then the student has the right to a meeting within two school days) and prior to a suspension being extended.  

This case is a cautionary tale for school administrators to meet with a student prior to suspending that student, and inform the student of the reason for the suspension and the evidence against the student, so the student may adequately respond.  The same thing applies when considering extending a suspension. 

cdn.ca9.uscourts.gov/…