South student’s suspension expunged by state

Continued from Page 1 both the principal and assistant principal on Dec. 19. At the principal’s request, the student drafted a written statement detailing his involvement in the incident.

Subsequently, the principal imposed a five-day suspension on the student.

In response to the security breach, the district initiated an internal inquiry, introduced supplementary security protocols, and terminated the services of a contracted security guard within the district.

On Jan. 3, the district organized a hearing for an extended suspension to address the student’s behavior, charging them with engaging in disorderly/disruptive conduct and endangering the safety, morals, health, or welfare of himself or others.

Following the hearing’s conclusion, hearing officer Richard Thompson determined the student’s innocence regarding one charge but declared the student guilty of the second charge.

Thompson recommended a suspension until June 30. This suggestion was later adopted by the superintendent in a decision dated Jan. 6.

In April, after an appeal from the student’s father, Elmer Rodriguez. to the state, the student was placed back in school against the written wishes of the district. The district then sent him to its alternative high school, but Rosa overruled that decision as well.

Rodriguez argued that the hearing officer improperly determined the student’s testimony lacked credibility, according to Rosa’s decision. He said he was also denied the chance to cross-examine witnesses and present his son’s side of the story.

The father also disputed the reliability and adequacy of the evidence presented by the district, a substantial portion of which was based on hearsay or double hearsay, he contended.

For relief, the father sought the removal of the short-term and longterm suspensions from the student’s record.

The Board of Education said the student’s guilt had been proven and the suspension was reasonable based on the misconduct.

Education Law states that “no student may be suspended in excess of five school days unless the student and person in parental relation to the student have an opportunity for a fair hearing, upon reasonable notice,