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Of special interest to school administrator-readers - student suspension hearings are complicated

Of special interest to school administrator-readers - student suspension hearings are complicated
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved

Board of Education v. Commissioner of Education, ___Misc. 3d___(Albany Co. Jan. 9, 2009), demonstrates that student suspension hearings are complicated and they have their own procedural rules that must be followed. I bring this case to your attention because it is an excellent primer on these procedural rules, particularly with respect to suspensions up to 5 days and admissibility of hearsay evidence. As the court stated:

"The Court is mindful that ?[I]n a school disciplinary proceeding, evidence may consistof hearsay and reasonable inferences drawn will be sustained if the record supports theinference? (see Matter of Ebert v Yeshiva University, 28 AD3d 3 15, 3 16 [2006], citingMatter of Board of Education District v Commissioner of Education, 9 1 NY2d 133, supra). Notably, in reviewing a student disciplinary determination ?the Commissioner will not substitute his judgment on witness credibility unless the findings are not supported by facts on the record? (Appeal of a Student Suspected of Having a Disability, Decision No. 14,707; Appeal of Bowen, 35 Ed Dept Rep 136, Decision No. 13,491; Appeal of Kittell, 31Ed Dept Rep 419, Decision No. 12,686). . . ."

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on February 19, 2009 (boomark / email).