ERIC Number: ED203439
Record Type: RIE
Publication Date: 1981
Reference Count: N/A
How to Conduct an Administrative Hearing.
Bittle, Edgar H.
Chapter 18 of a book on school law summarizes court decisions that have established the responsibility of school officials, when taking disciplinary action, to conduct hearings to protect employees' and students' due process rights. The courts have used a balancing test to determine whether a trial procedure or a more informal procedure can be followed in any given case. Various court decisions indicate that at least minimal procedural due process (notice and the opportunity to respond) should be provided in all employee termination cases. In Goss v. Lopez, the U.S. Supreme Court ruled that due process did not require confrontation and cross-examination for suspending a student for up to ten days. However, minimal due process was required. Other decisions indicate that if a student is suspended for more than ten days more formal procedures should be followed. Districts should allow the student to confront adverse witnesses and to call witnesses on his or her own behalf. The courts have decided that the board or hearing officer must be an impartial decisionmaker and must clearly state the findings of fact, reciting both the charges made and the facts that support those charges, and that the proceedings should be recorded. (Author/MLF)
Descriptors: Administrative Policy, Compliance (Legal), Court Litigation, Discipline Policy, Dismissal (Personnel), Due Process, Elementary Secondary Education, Hearings, Higher Education, School Law, Student Behavior, Student Rights, Student School Relationship, Suspension, Teacher Dismissal
Not available separately; see EA 013 472.
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Goss v Lopez; Supreme Court
Note: Chapter 18 of "School Law for a New Decade" (EA 013 472). For related documents, see EA 013 472-493.