Constitutional Basis

The U.S. Supreme Court established in Goss v. Lopez (1975) that students have a property interest in their education protected by the 14th Amendment. Before a student can be suspended, they must receive:

1. Oral or written notice of the charges
2. An explanation of the evidence
3. An opportunity to present their side

Due Process for Suspensions (EC §48911)

Short-Term Suspension (1–5 days)

• Informal hearing required before or immediately after suspension
• Student must be told what they are accused of
• Student must have an opportunity to tell their side
• Parent/guardian must be notified within one school day
• Parent/guardian must be able to attend a conference

Extension Beyond 5 Days

• If the student poses a danger or disruption, suspension can be extended
• Additional due process protections may apply

Due Process for Expulsions (EC §48918)

Expulsion requires formal due process, including:

1. Written notice of the charges at least 10 calendar days before the hearing
2. Right to a fair and impartial hearing
3. Right to be represented by counsel or a non-attorney advisor
4. Right to inspect and obtain copies of all documents to be used
5. Right to confront and cross-examine witnesses
6. Right to present evidence and witnesses on their behalf
7. A decision based on substantial evidence
8. Written findings of fact and decision
9. Right to appeal to the county board of education

Practical Tips for Deans

1. Always conduct the informal conference — Even if the student admits fault
2. Document the conference — Note what was discussed and the student's response
3. Provide written notice — Don't rely solely on verbal communication
4. Be thorough but fair — Gather all relevant information before making a decision
5. Consider the student's perspective — Listen with genuine interest
6. Consult with administration — Before recommending expulsion