This article discusses what happens at school expulsion hearing. This information applies to those whose children are facing an expulsion hearing from a Lexington or Columbia area school, such as Lexington High School or River Bluff. Expulsion hearings are conducted in a similar fashion by all area districts, and the procedures apply to children recommended for expulsion from elementary school, middle school, and high school. We can help for all types of expulsion situations, including allegations involving:
- Threats
- Cyber-bullying
- Sexual Harassments
- Vape Possession
- Gummies \ Drugs \ Alcohol Possession
- Weapon
- Fighting
- Theft or damage to property
After you have been notified of the school’s decision to recommend your child for expulsion you have an opportunity to request a hearing with the school district. The Law Office of James R. Snell, Jr., LLC, located in downtown Lexington, South Carolina, has attorneys who represent area students and families in school expulsion hearings in Lexington, Columbia, and surrounding areas.
Upon receiving notice that a hearing is request the applicable school district will schedule a hearing. This will be held at the main district office in front of the school district’s hearing officer. Normally these hearings are scheduled within 10 days of the request being made (for those who are able to hire us to help in their expulsion case, our office takes care of making this request and otherwise coordinating with the district).
Expulsion hearings are not conducted like a typical legal or court proceeding. There is no judge, instead there is a district employee who acts as a hearing officer. That employee is typically a former teacher and school administrator, that has been placed in the role of hearing officer. Area school districts now conduct many expulsion hearings a year, with some area districts holding hundreds per semester. Because of the volume, there is a fair amount of consistency and routine in how the hearings are conducted.
Prior to the hearing being scheduled the school will assemble a set of documents called the hearing packet. It contains a summary of the alleged offense, along with copies of any witness statements, attendance and grade history, and comments by the student’s current teachers. It is important to request this packet in advance to allow the family and student to be familiar with its contents before the hearing.
In most area districts the only ones attending the hearing are the hearing officer and a representative from the student’s school. Many schools send the same representative to almost every hearing (usually it’s a vice principal). The student, parents and any other supporters they wish to bring are also there. In addition, when the parents have retained a lawyer the lawyer is also present and participates in the hearing on the student’s behalf. Supporters who may come with the student and parents can really be anyone that the family invites, and it is not unusual to have aunts\uncles, grandparents, preachers, or others who know the student well.
Hearings typically take 30 minutes to an hour, although when necessary additional time can be requested. The school is not required to present actual witnesses against the student, instead they can present the statements written by school officials or other students. In this regard hearsay is admissible, and there are no rules of evidence like would apply in a typical legal or court setting.
The hearing officer will normally introduce themselves and explain the hearing process to those in attendance. They will then give the school representative an opportunity to explain the basis for the expulsion recommendation. If the student has legal counsel the hearing officer will likely turn the proceeding over to their lawyer to allow them to call their witnesses or present other evidence
It is important to remember that the goal for an expulsion hearing is to not have the student expelled. While there are situations in which students can challenge whether or not they actually violated a school rule, many times success in an expulsion hearing comes from effectively presenting mitigation. These are the circumstances which would cause the hearing officer to be more likely to not approve the expulsion, and instead allow the student an opportunity to return to school. In addition to hearing from those in attendance, the hearing officer will also consider any character or support letters provided on the student’s behalf.
Decisions are not normally made at the hearing. Instead, the hearing officer will issue a decision letter a few days after the hearing. That decision could be the dismiss the expulsion completely, or to allow a return to school on probation, return to alternative placement, or to expel. When a student is expelled, they are not allowed to return to school and are not give any educational services by the district during the period they are expelled.
If the decision from the hearing is not sufficiently favorable, there is a process to appeal the hearing officer. It varies district to district as to how that process works. For example, some districts require appeals to go directly to the school board. Other districts, such as Lexington One, have dedicated appeal officers who hear the appeals.
Attorney James R. Snell, Jr., has represented over 150 students from area school in expulsion hearings. His office provides free consultation to those with pending expulsion matters, or who need to file an appeal. The first step is to contact his office for the consultation. At that time you’ll have a chance to explain your student’s situation, ask any questions you have, and get an understanding as to what the available options are that can assist you. Because expulsion matters move quickly, we recommend reaching out as soon as you know an expulsion is being pursued by the school.