What procedures should be in place if a student wishes to appeal a punishment under a good conduct rule?
Because a non-disabled student has no entitlement or right to participate in extracurricular activities, minimal process is due. A student's procedural due process rights include the following:
- Being told what the allegations are and the identity of the witnesses who will testify at the hearing;
- Being given an opportunity to explain his/her side to a school administrator and then, if still not satisfied, being given an opportunity for a review before the board (if in the board's policy);
- Having a decision made by an impartial board;
- Having a decision that rests on "some evidence" (hearsay evidence is admissible and may be relied upon by the board if the board finds the evidence to be believable).
Brands v. Sheldon Community School, 671 F.Supp. 627 (N.D. Iowa 1987).