Waiver of Hearing: Voluntary Compliance or Negotiated Penalty: a student and his or her parents/guardians may elect to waive the formal hearing and review procedures and comply voluntarily with the proposed penalty, or may waive the hearing and review and negotiate a mutually acceptable penalty with the designated disciplinarian. Such a waiver and compliance agreement shall be made voluntarily, with knowledge of the rights being relinquished, and shall be evidenced by a written document signed by the student, the parents/guardian and the appropriate school official.
Right of Review: A student or parent aggrieved by Hearing Authority’s decision after a formal hearing shall have the right to have the decision reviewed by the VES School Board the penalty imposed was at least as severe as long-term suspension or expulsion, as an in-school suspension exceeding one semester, or a denial or restriction of student privileges for one semester or longer.
Conduct of Review: The School board shall be bound by the Hearing Authority’s factual determination unless the student persuades the Review Authority (VES School Board) that a finding of fact was arbitrary, capricious, or unsupported by substantial evidence or that new evidence which has come to light since the hearing and which could not be reasonable have been discovered in time for the hearing would manifestly change the factual determination. Upon such finding, the Review Authority shall have discretion to receive new evidence or conduct a de novo hearing.