Many Georgia parents are not familiar with school tribunal hearings until they are facing one. Parents and students often have little time to plan or prepare for the hearing because of the short timeframes that exist. Georgia school tribunal hearings start when a school seeks long-term suspension (more than 10 days) or expulsion of the student for violating the student code of conduct. Understandably, the biggest concerns most parents have when facing tribunal is the potential of their student having a permanent record of school discipline or being expelled and sent to an alternative school.
Once a school administrator decides that they want to seek a long-term suspension or an expulsion, then the student is entitled to a tribunal hearing. Not all counties require hearings in every case. Some counties will allow for written waivers of this hearing, when the student, parents, and school are in agreement on the violation and punishment, while other counties require a hearing in every case. A law firm experienced in school tribunal hearings can provide clarity on options at this stage and, when appropriate, work to negotiate a resolution with the school.
When the school seeks a tribunal hearing, all parties are entitled to written notice that includes: when and where the hearing will be; a short and plain statement of the allegations against the student and the provisions of the code of conduct alleged to be violated; a statement as to the rights of all parties to present evidence; and notification of the right to be represented by an attorney, if the family hires one. There is no right to an appointed lawyer in tribunal proceedings. The hearing must be scheduled no later than 10 school days after the beginning of the suspension, but this can be extended by an agreement.
The hearing process itself is basically broken in to two phases. The first phase is a determination of whether the student violated the code of conduct and the second phase is to determine what should happen to the student, assuming that a violation is found. Some school districts run these phases together, while others break these into distinct phases where one determination is made before the next.
In the first phase of the proceeding, the school has the burden to prove the student violated the code of conduct by a preponderance of the evidence, which means that the school must prove that it is more likely than not that the student violated the rules. Traditional rules of evidence from a court are not applied in tribunal hearings, and hearsay is admissible as long as it supports other evidence and is not the sole basis for a finding of violating the school rules. During this phase, an attorney for the student can make sure all the appropriate questions are asked of the school’s witnesses, present appropriate witnesses and evidence on behalf of the student, and raise the appropriate objections to the procedure or evidence. Additionally, a lawyer for the student will anticipate the potential that any evidence presented could be used against the student in a criminal or juvenile proceeding, and plan a strategy to minimize that type of exposure. Based upon the evidence presented, the panel will determine if the they believe the student violated the school rules by a preponderance of the evidence.
The second phase of the tribunal process is only considered if the panel determines that the student violated the school rules. In this phase, the panel will generally consider anything they deem relevant to determine the discipline, within the scope of what is allowed by the code of conduct. In some cases, an attorney can negotiate with the school’s attorney for a better outcome at this stage. Whether or not a negotiation is reached, a lawyer can properly present mitigating factors such as character letters, grades, lack of prior disciplinary history, or other factors that could be appropriate for a given case to argue for the tribunal to accept the negotiation (if there is an agreement) or to do something less than what the school is requesting (if there is no agreement). Based upon the information presented, the tribunal will ultimately determine what the imposed discipline will be.
Discipline imposed by a public school is honored by other public schools throughout the state, regardless of the county. A decision from a school tribunal hearing can be appealed to the local board of education, with additional levels of review after the first appeal.
Discipline imposed by school tribunal hearings has the potential to impact a young person’s educational opportunities both at their current school and when applying for higher education. If the basis for the school discipline is also a violation of the law, what takes place at a tribunal hearing could also be used by a prosecutor to prosecute that student in court. While a student or parent can represent themselves in this situation, everyone deserves the opportunity to minimize the impacts of a school tribunal hearing on their future. Having a law firm that understands the nuances and implications of school tribunal hearings can give a student that chance.
Ghanouni Teen & Young Adult Defense Firm
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