Procedural Due Process
Every student has a right to due process guaranteed by the Constitution of the United States of America for disciplinary action resulting in a suspension of ten (10) days or more or expulsion. Except in an emergency, the student shall be advised of the nature of his/her misconduct, be questioned about it, and be given an opportunity to explain his/her actions.
Students are to be reminded that in exercising their rights, they must not interfere with the rights of others, disrupt the educational program, or violate the laws of the federal, state, and local governments or the policies of the Murfreesboro City School System Board of Education.Before school authorities administer disciplinary measures, reasonable inquiry shall be made to determine the truth of what happened.1 The nature of this inquiry will vary in degree with the seriousness of the offense and the consequence attached thereto.2
For minor offenses where corrective measures are taken by the classroom teacher, no formal procedure is required. An inquiry should be conducted into the incident to ensure that the offender is accurately identified, that the offender understands the nature of the offense, and the offender knows the consequences of the offense for which the offender is accused.
In case of severe offenses where there is a possibility of suspension, the student shall be advised of the nature of the student’s misconduct, questioned about it, and allowed to give an explanation.
1. Ingraham v. Wright, 430 U.S. 651 (1977)
2. Goss v. Lopez, 410 U.S. 565 (1975)
3. T.C.A. §49-6-3401(c)(4)(A)