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Tribunal Phases and Procedures

PHASE I

The purpose of Phase I is to determine whether or not a student has violated one or more of the items within the Clayton County Public Schools' Student Code of Conduct.

During Phase I,  all parties are afforded an opportunity to present  and respond to  evidence, and to examine and cross examine witnesses on all issues unresolved. All parties and witnesses are encouraged  to limit testimony regarding the student to the behavior/incident for which the hearing is being held.

PHASE II

The purpose of Phase II is to determine the appropriate consequence for a student found to have violated any item within the Clayton County Public Schools' Student Code of Conduct.

During Phase II, all  parties are afforded an opportunity to recommend what they believe the appropriate discipline should be. The student's discipline history, grades, attendance,  and other pertinent information/documents will be reviewed and considered by the Panel members when making final decisions.

CONTINUANCES

Parent(s) may request to postpone a tribunal hearing with the understanding that the student will continue to serve his/her recommended discipline until the  mutually agreed upon date for the disciplinary hearing. Continuances should be requested at least one day prior to the scheduled hearing in accordance with O.C.G.A. 20-2-754 and Board Policy JCEB

WITNESSES

The tribunal hearing affords a student an opportunity  to present a defense, respond to evidence, examine and cross examine witnesses, and present witnesses on his/her behalf in accordance with O.C.G.A. 20-2-754 and Board Policy JCEB

WAIVERS

We understand that some parents desire to avoid the inconvenience of a tribunal hearing. Therefore, the School District offers an opportunity to waive the student's tribunal hearing. Completing the waiver means that the parent/guardian has agreed to the school's recommended discipline and will NOT have to participate in the tribunal hearing. It also means that the parent/guardian has  given up the opportunity to present evidence, call or cross examine witnesses and have an attorney/advocate represent the student at the hearing. A tribunal waiver is final and may not be appealed in accordance with Board Policy JCEB.

LEGAL REPRESENTATION

A student is entitled to be represented by legal counsel at the tribunal hearing although it is not necessary in order to proceed. If a parent/guardian chooses to bring an advocate or attorney, the Office of Tribunals must be notified at least two days in advance. If an attorney arrives to represent the student without the school system being notified, the parent will be offered a choice to either hold the hearing without attorney representation or to postpone the hearing so the School System's attorney can be present in accordance with O.C.G.A. 20-2-754 and Board Policy JCEB.

NOTE: Student disciplinary hearings and proceedings are confidential and are not subject to Open meeting laws.

Tribunal hearings must begin precisely on time in order to maintain the daily schedule. Please refer to your notification letter for the exact date, time and location of the  student's tribunal hearing, or call The Office of Tribunals 
at
678-817-3109