Due Process and the Right to Appeal

No student will be suspended or expelled without due process.  As an added safeguard, a student and his/her parent/guardian has the right to request an appeal regarding the discipline imposed. Administrative Regulation 5144.1 (K) set forth a complete explanation of the procedures for suspension, expulsion and appeals.

Suspension Appeal Guide

Students in the Marysville Joint Unified School District who violate school rules, district policies and/or educational codes are subject to suspension from school. All suspensions must be based on violation of the above-mentioned rules, policies and codes and each student is entitled to due process under the law. If your child has been suspended from school and you wish to appeal this suspension, the following procedures must be followed:

Step 1:  Conference with the site principal.  If he/she finds that there has been an error in enforcing the rules, policies, education codes or due process was not followed, the site principal has the authority to overturn or amend a suspension at the site.  If the Principal upholds the suspension and you are not satisfied with the decisions, you may appeal to the Director of Attendance & Discipline, Jolie Carreón @ 749-6901.

Step 2:  Your appeal must be based on fact and stated in writing.  Your written appeal must be presented to the site principal within 24 hours after your conference with the site principal.  The reason for the appeal can only be that there was no violation of rules or the administration has made an error in due process.

Step 3:  The district suspension hearing officer will read and review the written requests for suspension appeal.  The hearing officer will decide whether or not to hold the suspension appeal.  If a hearing is in order, the hearing officer will contact the parent and set up a meeting with the parent and the school site administrator.  If after review of the request for appeal it is determined that insufficient grounds exist for the hearing, the hearing officer will notify the parent that the hearing will not be held and the student will begin to serve the suspension. 

The suspended student has the right to attend school after the conference with the principal, provided that the written request for suspension appeal has been delivered to the site principal.  If the parent fails to submit in writing the request for appeal within the required 24 hours, the hearing will not be held and the student will begin to serve the suspension immediately.

If procedural requirements are found not to have been met, the Director must reverse the suspension and remand the matter to the principal for correction of the procedural error.

If the Coordinator finds that all procedural requirements were met, and that the offense for which the student may be suspended was committed, the suspension cannot be reversed or altered.

The Coordinator shall render his/her decision within two (2) school days.  The decision of the Director regarding any appealed suspension shall be final and binding.

Application for Readmission/Reinstatement